3,651 Florida cases classified under this topic, plus 2,273 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort
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The court denied the petition for writ of habeas corpus, finding that the petitioner's claims were either not cognizable on federal review, procedurally defaulted, or failed to demonstrate a violation of federal law or constitutional rights.
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Florida's parole procedures, as implemented by the FCOR, provide juvenile offenders serving life sentences with a meaningful opportunity for release, satisfying the requirements of the Eighth and Fourteenth Amendments.
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A petitioner must exhaust administrative remedies before seeking judicial review, even if the issue has broader implications.
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The court held that the petitioner failed to demonstrate prejudice from his trial counsel's failure to redact a deposition transcript, and thus is not entitled to habeas relief on his ineffective assistance of counsel claim.
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Juan Carlos Cruz, a Florida inmate, sought federal habeas relief challenging his murder conviction, alleging trial counsel provided ineffective assistance by failing to investigate alternative defenses (insanity and excusable homicide) and by pursuing a mistaken-identity defense
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Fla. 2d DCA·
2023-02-15
The appellate court denied John Bailey's petition for a writ of habeas corpus and restricted his future pro se filings related to a specific criminal case due to his history of numerous meritless petitions. The court found his filings burdened judicial resources and interfered wi
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M.D. Fla.·
2023-02-15
The court held that the petitioner's habeas corpus petition was untimely filed and dismissed it with prejudice.
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The court denied the petition for writ of habeas corpus, finding no substantial showing of the denial of a constitutional right and thus denying a certificate of appealability.
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Pasquale Morganti, a Florida inmate, filed a federal habeas petition challenging his 2013 convictions for burglary and grand theft, raising nine claims including allegations of insufficient evidence, ineffective assistance of trial and appellate counsel, and various trial errors.
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Fla. 4th DCA·
2023-02-08
A violation of pretrial release conditions alone cannot support pretrial detention without specific factual findings that no conditions of release can reasonably protect the community from risk of harm, assure the accused's presence at trial, or ensure judicial integrity.
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S.D. Fla.·
2023-02-07
The court held that the petitioner's motion to reopen the case was premature and therefore denied as moot, leading to dismissal of the petition without prejudice.
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The court held that the petitioner's federal habeas corpus petition was untimely filed and not subject to equitable tolling or the actual innocence exception.
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The court denied the amended petition for a writ of habeas corpus, finding that the petitioner's claims were either procedurally barred, speculative, or failed to demonstrate prejudice.
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The court held that the state court's denial of the petitioner's claims was not contrary to or an unreasonable application of federal law, nor based on an unreasonable determination of facts.
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Fla. 3d DCA·
2023-02-01
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Fla. 1st DCA·
2023-01-25
The appellate court affirmed the trial court's dismissal of a federal prisoner's petition for a writ of habeas corpus. The prisoner sought to compel the resolution of a state detainer or its removal, but the court found it lacked the power to interfere with federal custody decisi
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M.D. Fla.·
2023-01-25
The court denied the petition for a writ of habeas corpus and denied a certificate of appealability.
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The court held that the state court's decision admitting the 911 recording was not contrary to or an unreasonable application of federal law, and that the claims of ineffective assistance of counsel were either procedurally defaulted or lacked merit.
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The court held that the state court's denial of the petitioner's claims of ineffective assistance of counsel was not contrary to federal law or based on an unreasonable determination of facts.
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The court held that the petitioner's claims of ineffective assistance of counsel lacked merit and were not contrary to or an unreasonable application of federal law.
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M.D. Fla.·
2023-01-20
The court held that the petitioner's habeas petition was untimely and equitable tolling was not warranted because the attorney's misadvice, while negligent, did not rise to the level of abandonment or extraordinary circumstance required for tolling.
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The court held that the petitioner's habeas corpus petition was untimely filed and not subject to equitable tolling, warranting dismissal.
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In Queen v. Secretary, Florida Department of Corrections, a federal district court denied a state prisoner's habeas corpus petition challenging his drug trafficking conviction on grounds of ineffective assistance of trial counsel. The court found that the petitioner failed to mee
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Dixon challenged his state court convictions for aggravated assault with a firearm, possession of a firearm by a convicted felon, and carrying a concealed firearm in a federal habeas corpus petition, raising seven grounds of error. The District Court denied the petition, finding
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The court held that the petitioner's claims were unexhausted and procedurally barred, and even if considered on the merits, did not meet the AEDPA standard for federal habeas relief.
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The court held that the petitioner's federal habeas corpus petition was untimely filed and that his claims of actual innocence and equitable tolling did not excuse the delay.
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S.D. Fla.·
2023-01-03
The court held that the petitioner's claims were denied on the merits, as the state court's decisions were not contrary to federal law and were based on reasonable fact determinations, and thus habeas relief was not warranted.
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M.D. Fla.·
2022-12-13
The court held that a motion for recusal based on prior judicial rulings is meritless, and a habeas corpus petition under § 2241 is improper when the claims fall within the scope of § 2255 and a remedy under § 2255 is available.
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M.D. Fla.·
2022-12-09
The court held that the petitioner's habeas corpus petition was untimely filed and failed to establish actual innocence to overcome the statute of limitations.
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Fla. 1st DCA·
2022-12-08
The appellate court dismissed a public defender's petition for a writ of certiorari challenging an administrative order for pre-bond mental health screenings. The court found it lacked jurisdiction because the public defender failed to demonstrate irreparable harm, a prerequisite
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A federal district court in Florida denied Johnny L. Jones's habeas corpus petition challenging his 2012 state court conviction for burglary while armed with a firearm and grand theft, rejecting his claims that Fourth Amendment violations, coercive police interrogation, and ineff
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Fla.·
2022-12-01
A state prisoner who has repeatedly filed meritless pro se petitions raising identical claims may be sanctioned by prohibiting future filings related to that conviction unless represented by a Florida Bar member.
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Fla.·
2022-12-01
A state prisoner who repeatedly files meritless pro se petitions raising identical claims may be sanctioned by barring future filings on the same matter unless represented by Florida Bar counsel.
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M.D. Fla.·
2022-11-28
The court held that a petitioner may not simultaneously litigate duplicative habeas actions in two cases in the same court.
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M.D. Fla.·
2022-11-28
The court held that the petitioner's habeas corpus petition was untimely filed and dismissed it with prejudice.
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N.D. Fla.·
2022-11-21
The court held that a lone affidavit from a psychiatrist hired for post-hoc review is insufficient to create clear and convincing evidence of a substantial doubt as to competency to stand trial.
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The court held that the petitioner's claims were either unexhausted, procedurally barred, or failed to meet the Strickland standard for ineffective assistance of counsel, and thus denied the petition for a writ of habeas corpus.
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Michael Lee Smith, an inmate convicted in 2013 of armed burglary with assault and attempted armed robbery, filed a federal habeas petition challenging his conviction on multiple grounds of ineffective assistance of trial counsel. The district court dismissed the petition, conclud
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Casie Lanee White, convicted of second-degree murder in 2015 with a life sentence, filed a federal habeas corpus petition challenging her conviction on eleven grounds, primarily alleging ineffective assistance of trial counsel. The district court denied all of her claims, finding
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Fla. 5th DCA·
2022-11-14
A petition for belated appeal may be granted to allow review of a postconviction order denying a habeas corpus petition.
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The federal court held that the state court's denial of the petitioner's claims of ineffective assistance of counsel was not contrary to federal law and was based on a reasonable determination of the facts.
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M.D. Fla.·
2022-11-03
Karla Davis challenged her state conviction for second-degree murder through a federal habeas petition, raising twenty-four grounds of ineffective assistance of counsel. The federal court denied all claims, finding that many were procedurally defaulted because Davis failed to bri
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The court held that the state court's denial of the petitioner's ineffective assistance of counsel claims was not contrary to or an unreasonable application of federal law, nor based on an unreasonable determination of facts.
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M.D. Fla.·
2022-10-25
The court held that the state court's adjudication of the petitioner's claims was not contrary to or an unreasonable application of federal law, nor based on an unreasonable determination of the facts.
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Fla. 2d DCA·
2022-10-19
Paul Conley appealed the dismissal of his habeas corpus petition challenging his placement in close management by the Department of Corrections. The trial court dismissed the petition as raising the same or similar arguments as a previous petition, but the appellate court reverse
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The court held that the state court's adjudication of the petitioner's claims did not result in a decision contrary to, or an unreasonable application of, clearly established federal law, nor an unreasonable determination of the facts.
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Fla. 3d DCA·
2022-10-14
Jose Alcazar, a correctional officer charged with solicitation of first-degree murder and other crimes, petitioned for habeas corpus challenging the trial court's pretrial detention order. The Third District Court of Appeal held that solicitation of first-degree murder is not an
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The Court denies Ground 1 and dismisses Grounds 2 through 10 of the habeas petition, finding some claims unexhausted, others procedurally defaulted, and one cognizable only under state law.
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Fla. 1st DCA·
2022-09-28
A criminal defendant generally cannot proceed pro se while represented by counsel.
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The court held that the petitioner's federal habeas corpus petition was untimely filed and not entitled to statutory or equitable tolling.