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 held that the state court's denial of the petitioner's claim regarding ineffective assistance of counsel for failing to present photographs of bruises was not contrary to federal law and was not based on an unreasonable determination of facts.
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The court held that the state court's adjudication of the petitioner's ineffective assistance of counsel claim was not contrary to, nor an unreasonable application of, federal law, and was not based on an unreasonable determination of the facts.
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An inmate convicted of second-degree murder in Florida challenged his conviction through a federal habeas petition, raising nine grounds of ineffective assistance of counsel. The federal district court, applying the highly deferential AEDPA standard of review, denied the petition
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Fla. 1st DCA·
2022-04-13
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M.D. Fla.·
2022-04-12
The court held that the federal habeas petition was untimely filed because it was filed after the one-year limitations period, as expired state postconviction filings did not toll the period.
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S.D. Fla.·
2022-04-11
The federal court denied the petition for a writ of habeas corpus, affirming the magistrate judge's recommendation that the state court's denial of the double jeopardy claim was not contrary to federal law or based on an unreasonable determination of facts.
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The court denied the motion for a stay of abeyance and granted leave to file an amended petition containing only exhausted claims.
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The court held that the state court's adjudication of the ineffective assistance of counsel claim was not contrary to federal law and denied habeas relief.
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The court denied the petitioner's motion for a certificate of appealability.
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M.D. Fla.·
2022-04-01
The court held that a federal habeas petitioner challenging unaffordable bail must demonstrate the trial court's ruling was not rationally related to a legitimate government interest, and that the state court complied with procedural due process by considering less restrictive al
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The court held that the federal habeas petition was untimely filed and alternatively, that the petitioner had not raised a cognizable claim for relief.
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Fla. 3d DCA·
2022-03-23
Jose Miguel Cebez petitioned for a writ of habeas corpus, challenging the trial court's jurisdiction to enforce a plea agreement requiring him to serve eighteen months in prison after completing his five-year probation term. The court denied the petition, holding that the trial c
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S.D. Fla.·
2022-03-22
The court held that Petitioner is not entitled to release from immigration custody because he failed to establish a significant likelihood that removal will not occur in the reasonably foreseeable future, and he is not entitled to a bond hearing as individuals detained under 8 U.
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S.D. Fla.·
2022-03-21
The court held that Claim 1 is procedurally defaulted because the federal nature of the claim was not presented to the state court on direct appeal, and Claims 2-6 are exhausted as they were fairly presented in state post-conviction proceedings.
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The court held that the new claims in the counseled petition do not relate back to the original pro se petition and that equitable tolling is not warranted because the petitioner failed to demonstrate a causal link between his alleged mental impairment and the untimely filing.
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Desir challenged his conviction for attempted murder with a firearm and aggravated battery by filing a federal habeas petition asserting six grounds for relief, primarily ineffective assistance of counsel claims related to jury selection, charging documents, speedy trial waiver,
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M.D. Fla.·
2022-03-09
The court held that the petitioner's federal habeas corpus petition was untimely filed and dismissed it with prejudice.
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Petitioner Hinson, an inmate serving a life sentence for second-degree murder, brought a federal habeas petition challenging his 2013 guilty plea and subsequent life sentence, raising twelve subparts of ineffective assistance of counsel claims against his trial counsel and one cl
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S.D. Fla.·
2022-03-03
The court held that prolonged detention without a bond hearing violates due process, and the prior bond hearing was void, entitling the petitioner to a new hearing.
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Fla. 5th DCA·
2022-03-02
A trial court must conduct a pretrial release hearing and set a bond when the State has not motioned for pretrial detention.
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S.D. Fla.·
2022-02-25
The court held that while mandatory detention under 8 U.S.C. § 1226(c) can be constitutionally permissible, an alien detained for an unreasonably prolonged period is entitled to a bond hearing before an Immigration Judge. The alien bears the burden of proof at this hearing.
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Fla. 1st DCA·
2022-02-23
The appellate court reviewed the dismissal of a motion challenging habitual felony offender sentences. While affirming the dismissal of one claim, the court found the habitual offender designation on life felony sentences for armed kidnapping to be illegal due to an unconstitutio
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N.D. Fla.·
2022-02-22
The court denied the petition for a writ of habeas corpus and denied a certificate of appealability because the petitioner failed to make a substantial showing of the denial of a constitutional right.
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The federal court denied the habeas petition, finding that the state court's procedural bar based on untimeliness was an independent and adequate state law ground, and the petitioner failed to overcome this bar.
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Fla. 5th DCA·
2022-02-21
When a trial court lacks sufficient evidence to find that an incompetent defendant qualifies for involuntary commitment, the court may only modify the defendant's conditions of release, not revoke the release entirely.
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Fla. 2d DCA·
2022-02-18
The appellate court granted petitions for writ of habeas corpus, finding that the trial court abused its discretion by revoking a married couple's bonds based on a violation of a broad no-contact condition. The court held that such sweeping restrictions on marital rights are gene
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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 and was based on a reasonable determination of the facts.
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The court held that the state court's adjudication of the petitioner's ineffective assistance of counsel claim was not contrary to federal law and thus denied federal habeas relief.
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The court held that the state court's adjudication of the petitioner's claims was not contrary to, nor an unreasonable application of, clearly established federal law, and was not based on an unreasonable determination of the facts.
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Fla. 5th DCA·
2022-02-11
A litigant who abuses the judicial process through abusive, repetitive, malicious, or frivolous pro se filings may be prohibited from filing further pro se pleadings in a particular case to conserve judicial resources.
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S.D. Fla.·
2022-01-31
The court held that the pro se plaintiff's complaint was a shotgun pleading and failed to state a claim upon which relief could be granted, warranting dismissal without prejudice.
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The court denied the petition for a writ of habeas corpus, finding that the petitioner's claims of ineffective assistance of counsel, both trial and appellate, did not meet the required legal standards.
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Dennis McCloud's federal habeas petition challenging his 2010 Florida convictions for sexual battery and lewd and lascivious conduct was largely denied on procedural and substantive grounds. The court found the petition untimely as to one case because McCloud failed to file the r
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Kevin Jerome Scott, a death row inmate whose sentence was later reduced to life imprisonment, sought federal habeas corpus relief challenging his 2009 conviction for first-degree murder, attempted armed robbery, and aggravated battery, raising four claims of ineffective assistanc
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The court held that the petitioner's claims of ineffective assistance of counsel and trial court error were unexhausted and procedurally barred, and otherwise without merit.
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The court held that the state court's denial of the ineffective assistance of counsel claim was not contrary to or an unreasonable application of federal law, and that the decision not to challenge the familial/custodial authority charge was sound trial strategy.
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M.D. Fla.·
2022-01-20
The court held that it lacks jurisdiction to consider a second or successive habeas petition without prior authorization from the Eleventh Circuit.
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Fla. 1st DCA·
2022-01-19
The appellate court affirmed the trial court's denial of a habeas corpus petition, which was treated as a motion for postconviction relief. The court found the petition untimely, procedurally barred, and meritless, and warned the appellant about future frivolous filings.
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Fla. 5th DCA·
2022-01-14
The trial court properly dismissed Rodriguez's petition for writ of habeas corpus.
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Fla.·
2022-01-13
Jason Andrew Simpson, a death row inmate convicted of murdering two people in 1999 based primarily on circumstantial DNA evidence and a witness confession, prevailed on a Brady violation claim when the State failed to disclose that the key defense witness was a confidential infor
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Fla. 5th DCA·
2021-12-30
A petitioner whose habeas corpus filings are abusive, repetitive, malicious, or frivolous may be sanctioned with a bar on pro se filings and referral for disciplinary proceedings.
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Fla. 1st DCA·
2021-12-29
The appellate court affirmed the denial of a habeas corpus petition filed by Ruthey Twana Hayes. The court found the petition to be untimely, successive, and without merit, upholding the lower court's decision.
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M.D. Fla.·
2021-12-17
Federal habeas relief is denied because the state court's adjudication of the ineffective assistance of counsel claims was 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 affirmed the magistrate judge's report, denying the habeas petition because the petitioner failed to establish prejudice from counsel's alleged ineffectiveness.
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The court affirmed the magistrate judge's report, denying the petitioner's habeas petition and objections.
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M.D. Fla.·
2021-12-06
The petition for a writ of habeas corpus is dismissed as untimely because it was filed after the one-year limitations period expired and the petitioner failed to establish entitlement to equitable tolling or the actual innocence exception.
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The court held that a federal inmate cannot use a § 2241 petition to challenge the validity of his sentence when the narrow exceptions do not apply.
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When a circuit court finds an inmate eligible for incentive gain-time, the Department of Corrections must redetermine the inmate's gain-time awards and sentence completion date rather than wholly denying relief based on discretionary authority.
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The court held that the petition for writ of habeas corpus was untimely filed under AEDPA and, alternatively, lacked merit.
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The court held that the petitioner's claim in Ground One is unexhausted because he voluntarily dismissed his appeal, and even if exhausted, the claim is meritless as counsel's actions were not deficient.