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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Fla. 3d DCA·
2021-11-24
Martinez Watts appealed the denial of his habeas corpus petition challenging the validity of his 2013 arrest for burglary of a dwelling, to which he pleaded guilty in 2014. The court affirmed the denial, holding that habeas corpus cannot be used as a substitute for postconviction
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The court held that a petition for writ of habeas corpus under 28 U.S.C. § 2241 requires the petitioner to be 'in custody,' and absent this, the court lacks subject matter jurisdiction.
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Fla. 3d DCA·
2021-11-03
A trial court must conduct an evidentiary hearing and take evidence on all statutory factors, including the defendant's financial resources, before denying a motion for bond reduction.
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The court held that the petitioner's claims were not contrary to or an unreasonable application of federal law, and the state court's factual determinations were not unreasonable.
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Fla. 5th DCA·
2021-10-15
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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N.D. Fla.·
2021-10-12
Joey Smelley sought federal habeas relief under 28 U.S.C. § 2254, challenging his convictions for home invasion robbery and other felonies based on claims that his trial and collateral counsel were ineffective. The District Court for the Northern District of Florida denied the pe
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M.D. Fla.·
2021-10-07
The court held that the petitioner's federal habeas corpus petition was untimely filed under AEDPA's one-year limitations period and denied equitable tolling.
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Wilmario Devondric Trueblood challenged his 2014 Florida convictions for burglary and grand theft in a federal habeas corpus petition under 28 U.S.C. § 2254, raising claims regarding competency to stand trial, judicial impartiality, and denial of a second expert mental evaluation
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Federal habeas relief is available only for constitutional violations, not state law errors, and claims not properly presented to state courts are procedurally barred unless cause and prejudice or manifest injustice is shown.
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Fla. 1st DCA·
2021-09-29
The First District Court of Appeal dismissed Wims' habeas corpus petition as frivolous, holding that habeas corpus is not a vehicle for relitigating issues that should have been raised on direct appeal or in rule 3.850 proceedings, and imposed sanctions for his pattern of repetit
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Fla. 2d DCA·
2021-09-29
The State's transfer of juvenile allegations to criminal court does not constitute a change in circumstances sufficient to satisfy the good cause requirement for modifying bond, where the transfer was statutorily required and the potential sentencing exposure should have been kno
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Fla. 3d DCA·
2021-09-29
A habeas corpus petition concerning a defendant's incarceration must be filed in the circuit court of the county where the defendant is incarcerated.
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The district court affirmed the magistrate judge's report, denying the petitioner's federal habeas petition and finding no substantial showing of the denial of a constitutional right for appeal.
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A federal district court denied Joel Diaz's habeas corpus petition challenging his murder conviction, finding that his penalty-phase claims were moot after his resentencing to life imprisonment in 2017, while his guilt-phase claims of ineffective assistance of counsel and juror m
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Fla. 5th DCA·
2021-09-24
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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Bernard Hughlon, a Florida state prisoner, sought federal habeas relief challenging his 2010 conviction for escape by arguing ineffective assistance of counsel, improper jury procedures, denial of a lesser-included offense instruction, and improper prosecutorial comments. The cou
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Fla. 1st DCA·
2021-09-22
The habeas corpus petition was dismissed because it was facially insufficient on its face.
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M.D. Fla.·
2021-09-17
The petition for writ of habeas corpus is dismissed as untimely because the petitioner's final state post-conviction motion was not properly filed under state law and therefore did not toll the federal limitations period.
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Fla. 1st DCA·
2021-09-15
A petition for writ of habeas corpus that does not satisfy the requirements for original jurisdiction habeas relief must be dismissed as unauthorized.
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Fla. 1st DCA·
2021-09-15
The trial court's order striking the defendant's second motion for postconviction relief was proper, and the unauthorized habeas corpus petition was correctly dismissed.
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M.D. Fla.·
2021-09-13
Demetrius Flowers, a Florida inmate convicted of armed robbery and kidnapping, filed a federal habeas corpus petition challenging his conviction on eight grounds, including jury instruction errors, sufficiency of evidence claims, and ineffective assistance of counsel arguments. T
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M.D. Fla.·
2021-09-10
The court held that the petitioner failed to demonstrate a clear right to relief or a clear duty owed by the respondents, and thus, mandamus relief was not appropriate.
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The court held that the petitioner's claims were procedurally defaulted or barred, and the state court's denial of relief was not contrary to or an unreasonable application of federal law.
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11th Cir.·
2021-09-08
Hassan Farah, a Somali refugee with multiple criminal convictions, challenged his deportation order on several grounds, including claims that his controlled-substance and assault convictions were not removable offenses and that he was entitled to withholding of removal or protect
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The court held that the state court did not unreasonably apply federal law or make unreasonable factual determinations regarding the suppression of statements and the admission of testimony challenged under the Confrontation Clause.
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Albert Jason Carter, an inmate challenging four state court convictions through a federal habeas petition, sought relief based on claims of ineffective assistance of counsel regarding his guilty pleas in four separate cases in which he received a cumulative twenty-year sentence.
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Fla. 5th DCA·
2021-09-03
A pro se litigant who engages in abusive, repetitive, malicious, or frivolous filings attacking his judgment and sentence may be prohibited from future pro se filings in the appellate court.
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The federal court denied a petition for a writ of habeas corpus, finding all claims procedurally barred or without merit under AEDPA standards.
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The court held that Petitioner's federal claims are unexhausted, procedurally defaulted, and fail on the merits, warranting denial of the habeas petition.
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The federal court denied the petition for a writ of habeas corpus, finding that the state court's adjudications of the petitioner's claims were not contrary to or an unreasonable application of federal law.
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A federal district court denied Ricky T. Oliver's petition for a writ of habeas corpus challenging his conviction for attempted murder, finding that the trial court properly allowed him to proceed pro se (representing himself) despite his last-minute request for counsel on the da
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Jaquez Roland, a Florida prisoner convicted of armed robbery and related crimes stemming from a 2011 liquor store robbery, sought federal habeas relief challenging his conviction and sentence on sufficiency of evidence and ineffective assistance of counsel grounds. The district c
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The court held that the petitioner's claim of ineffective assistance of counsel was procedurally barred because the state court had previously denied the underlying issues on direct appeal, and even if considered on the merits, the claim failed because the petitioner could not de
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M.D. Fla.·
2021-08-18
Curtis Louis Robinson, an inmate serving a nineteen-year sentence for drug and weapons offenses in Florida, filed a federal habeas corpus petition challenging his state convictions for possession of hydrocodone, sale or delivery of cocaine, possession of cannabis, and resisting a
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M.D. Fla.·
2021-08-09
An inmate convicted of selling controlled substances within 1000 feet of a specified area filed a federal habeas petition challenging his state conviction by raising five grounds of ineffective assistance of counsel. The district court denied the petition, finding that the state
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Fla. 5th DCA·
2021-08-06
The trial court properly denied the appellant's petition for writ of habeas corpus.
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Howard James Jackson, a Florida prisoner convicted of attempted murder in the first degree, petitioned for federal habeas corpus relief under 28 U.S.C. § 2254, raising nine grounds based on claims of ineffective assistance of counsel related to his guilty plea. The U.S. District
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Fla. 5th DCA·
2021-07-29
Thomas Leslie Jordan sought habeas corpus relief challenging his pretrial detention without bail in a methamphetamine trafficking case. The Florida Fifth District Court of Appeal held that a trial court may revoke pretrial release under section 903.0471 based on probable cause th
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Fla. 4th DCA·
2021-07-28
The appellate court affirmed the trial court's denial of postconviction relief, holding that the trial court lacked jurisdiction to grant the requested relief. The appellant's claim was based on alleged ineffective assistance of counsel regarding immigration consequences after co
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The court held that the state appellate court's summary adjudication of the petitioner's claim 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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A Florida prisoner convicted of second-degree murder challenged his no-contest plea through a federal habeas petition, alleging ineffective assistance of counsel in failing to investigate the case and adequately disclose discovery evidence before advising him to plead guilty. The
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The court held that the state court's denial of the petitioner's ineffective assistance of counsel claim was not unreasonable and therefore denied the petition for writ of habeas corpus.
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The court held that the state court's denial of the petitioner's claim of ineffective assistance of counsel was not contrary to, or an unreasonable application of, federal law, and was not based on an unreasonable determination of the facts.
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S.D. Fla.·
2021-07-15
The Court adopts the Magistrate Judge's Report and Recommendation, denying the petition for a writ of habeas corpus.
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Pink was convicted of attempted second-degree murder and aggravated battery with a firearm after shooting a man in a Tampa nail salon, and his subsequent federal habeas petition challenging his 25-year sentence on the basis of ineffective assistance of counsel was denied. The cou
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The federal court denied the habeas petition, finding the state court's adjudication of the petitioner's claims 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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S.D. Fla.·
2021-07-06
The court adopted the magistrate judge's report and recommendation, denying the habeas petition and refusing to issue a certificate of appealability.
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Fla. 1st DCA·
2021-07-06
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The court held that the petitioner failed to demonstrate that the state court's denial of his claims was contrary to or an unreasonable application of federal law, or based on an unreasonable determination of facts.
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The court denied the petition for writ of habeas corpus, finding the petitioner's claim of ineffective assistance of counsel regarding speedy trial rights to be meritless.