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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Armey filed a federal habeas petition challenging his state convictions for carjacking, burglary, and theft, claiming the prosecution withheld exculpatory evidence and that his trial counsel was ineffective for failing to present an insanity defense based on mental illness. The c
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Charles Pitts challenged his state convictions for sexual battery, false imprisonment, and domestic battery by strangulation through a federal habeas corpus petition, alleging ineffective assistance of counsel. The court denied the petition, finding that Pitts's guilty plea was k
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The court held that the petitioner failed to demonstrate that the state court unreasonably denied his claim of ineffective assistance of trial counsel regarding an untimely motion to disqualify the judge.
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The court denied the petitioner's habeas corpus claims, finding that his trial counsel was not ineffective under the Strickland standard.
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A Florida state prisoner serving a mandatory life sentence for sexual battery upon a child sought federal habeas relief under 28 U.S.C. § 2254, challenging his 2011 conviction on eleven grounds, including claims of child hearsay evidence admission, ineffective assistance of trial
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Fla. 1st DCA·
2022-09-02
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The court held that the state court's adjudications of the petitioner's claims were not contrary to, or an unreasonable application of, clearly established federal law, nor based on an unreasonable determination of the facts.
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The court denied the amended petition for a writ of habeas corpus, finding that the petitioner's claims were either unexhausted, procedurally barred, or without merit under AEDPA review standards.
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The court held that the state court's adjudications of the petitioner's claims were not contrary to, or an unreasonable application of, clearly established federal law, nor based on an unreasonable determination of the facts.
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Florida inmate Donmonique Cockrum sought habeas relief under 28 U.S.C. § 2254, challenging his conviction for attempted second-degree murder based on claims of ineffective assistance of both trial and appellate counsel. The district court denied all claims, finding that the recor
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Inmate Foreman, convicted of lewd and lascivious molestation of a child, sought federal habeas relief challenging the admissibility and reliability of child hearsay testimony presented by the victim's parents and a Child Protection Team member. The federal district court denied r
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The court held that the petitioner failed to show good cause or satisfy the stringent requirements of 28 U.S.C. § 2254(e)(2) for discovery in his federal habeas corpus petition.
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Fla. 3d DCA·
2022-08-05
When a trial court finds after an Arthur hearing that proof is not evident nor presumption great, it cannot order detention without bond and must instead conduct a rule 3.131 pretrial release hearing.
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Fla. 1st DCA·
2022-08-05
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The court held that the petitioner's claims lacked merit and denied his petition for a writ of habeas corpus.
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The federal court denied the petition for writ of habeas corpus, finding no unreasonable application of federal law or unreasonable determination of facts by the state court regarding ineffective assistance of counsel claims.
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The district court correctly denied Petitioner David Guzman's amended petition for a writ of habeas corpus under 28 U.S.C. § 2254. The court found that Guzman failed to demonstrate that the state appellate court's denial of his claims of ineffective assistance of appellate counse
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S.D. Fla.·
2022-08-02
The court requires a supplemental declaration from respondents to further understand delays in obtaining travel documents for deportation.
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The court adopted the Magistrate Judge's recommendation to dismiss some claims as time-barred and deny others on the merits, finding no clear error in the record.
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Anthony Vaughan, an inmate convicted of two counts of first-degree murder in 2010, petitioned for federal habeas corpus relief under 28 U.S.C. § 2254, raising four grounds for relief including claims of ineffective assistance of counsel. The district court denied the petition on
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A defendant detained for 33 days without charges being filed must be released on her own recognizance under Rule 3.134, and the subsequent filing of additional misdemeanor charges arising from the same criminal episode does not constitute changed circumstances or new evidence jus
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The court held that the applicant's amended habeas application was untimely as to one ground and that the state court's denial of the remaining ineffective assistance of counsel claim was not an unreasonable application of federal law or determination of facts.
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Melendez challenged his state convictions for drug trafficking and related offenses through a federal habeas corpus petition, asserting five grounds of ineffective assistance of counsel, including claims that his trial attorney failed to communicate a plea offer, obtain an interp
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Rufus Young challenged his murder and armed robbery convictions on federal habeas review, arguing his trial counsel was ineffective in three ways: failing to adequately suppress an allegedly illegal arrest, failing to advise him of an independent act defense, and failing to objec
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The court denied Petitioner's Petition for a Writ of Habeas Corpus, finding most claims procedurally defaulted and the remaining claims without merit.
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The court denied the petition for writ of habeas corpus, finding the state court's adjudication of the ineffective assistance of counsel claims was not contrary to or an unreasonable application of federal law.
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M.D. Fla.·
2022-07-11
The court held that the plaintiff's complaint fails to state a claim against any defendant and must be dismissed.
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The federal habeas petition is dismissed as untimely because the petitioner exceeded the one-year limitations period established by AEDPA, and neither actual innocence nor equitable tolling applies.
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M.D. Fla.·
2022-07-07
The court held that Grounds One, Three, and Four were untimely filed and Ground Two was procedurally barred and also failed on the merits.
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Fla. 5th DCA·
2022-07-01
The court cautioned the petitioner that further repetitive, frivolous, or abusive pro se filings regarding the same case may result in sanctions including a bar on pro se filing and referral for disciplinary proceedings.
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The court held that it lacked jurisdiction to review the petitioner's claims, as they constituted a direct attack on a District of Columbia appellate court decision, which is beyond the scope of federal district court review.
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Fla. 4th DCA·
2022-06-22
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Fla. 1st DCA·
2022-06-22
The appellate court affirmed the dismissal of a habeas corpus petition, finding that the appellant abandoned his original claims by failing to raise them on appeal and that new claims were procedurally barred. The court also deemed the appeal frivolous and cautioned the appellant
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The court held that the petitioner's claims were procedurally defaulted or not cognizable in federal habeas proceedings because they were not presented as federal issues in state court.
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Isaac Wilder, convicted in Florida state court of first-degree murder and attempted second-degree murder in 2011, filed a federal habeas corpus petition challenging his conviction based on claims of actual innocence and ineffective assistance of trial counsel, all of which the co
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S.D. Fla.·
2022-06-06
The court held that a pro se habeas petition must be dismissed without prejudice because it contains unexhausted claims and the petitioner failed to pay the filing fee or submit a sufficient motion to proceed in forma pauperis.
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William St. Claire sought federal habeas relief under 28 U.S.C. § 2254, claiming constitutional violations at his trial for aggravated assault with a firearm, including denial of funds for a communications expert, improper exclusion of evidence regarding his reasons for visiting
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M.D. Fla.·
2022-06-01
The court held that the state appellate court's adjudication of the petitioner's claims was neither contrary to, nor an unreasonable application of, clearly established federal law, nor based on an unreasonable determination of the facts.
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M.D. Fla.·
2022-05-31
The federal court denied the habeas corpus petition, finding the state court's decisions on ineffective assistance of counsel claims were not contrary to or an unreasonable application of federal law.
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Christopher Dean Thomas challenged a 2010 Duval County conviction for four counts of armed robbery through a federal habeas petition, raising claims of ineffective assistance of trial counsel, Brady violations, and newly discovered evidence. The federal district court denied the
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The court held that respondents' motion for reconsideration was untimely and failed to present grounds for relief, as the arguments raised should have been made in a timely response and did not demonstrate manifest error of law or fact.
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M.D. Fla.·
2022-05-19
The court denied the petition for a writ of habeas corpus, finding no substantial showing of the denial of a constitutional right.
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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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Theodore Moss, a Florida inmate convicted of first-degree murder and armed burglary in 2013, petitioned for federal habeas corpus relief under 28 U.S.C. § 2254, raising nine grounds for relief including jury instruction errors and claims of ineffective assistance of counsel. The
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M.D. Fla.·
2022-05-03
The court held that a federal district court cannot grant a § 2241 petition unless the petitioner has exhausted all available state remedies.
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M.D. Fla.·
2022-05-02
The court held that the petitioner's habeas corpus petition was untimely filed and that his claim of actual innocence did not overcome the untimeliness because it amounted to legal innocence, not factual innocence.
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Clifton Brooks, a Florida inmate convicted in 2013 of sexual battery and lewd or lascivious molestation, filed a federal habeas corpus petition challenging his convictions on six grounds, including claims regarding defective charging documents, denial of speedy trial rights, inef
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The court held that Petitioner's claims were procedurally defaulted and barred from federal habeas review because he failed to raise them properly in state court and did not demonstrate cause, prejudice, or a fundamental miscarriage of justice.
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The court held that the petitioner's claims were procedurally defaulted or that the state court's denial of relief was entitled to deference under AEDPA.
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Marcus Robinson, convicted in state court of second-degree murder and sentenced to 45 years in prison, challenged his conviction through federal habeas corpus on grounds of ineffective assistance of counsel, claiming his attorney failed to investigate and advise him of a self-def