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 a federal habeas corpus petition should be dismissed without prejudice to allow the petitioner to exhaust state remedies, as the AEDPA limitations period will not begin until his resentencing becomes final.
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The court affirmed the denial of postconviction relief, dismissed the ineffective assistance of appellate counsel claim as untimely under the four-year limitation period, and declined habeas relief because Burney could not obtain relief based on a supreme court precedent that was
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Hassan Shaabazz, an inmate convicted of burglary of an occupied dwelling in 2013 and sentenced to twenty-three years imprisonment, filed a federal habeas corpus petition raising claims of ineffective assistance of trial and appellate counsel. The court denied the petition, findin
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S.D. Fla.·
2021-05-26
The court held that a pro se prisoner with three or more prior dismissals for frivolousness or failure to state a claim is barred from proceeding in forma pauperis unless they face imminent danger of serious physical injury.
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Jon Paul, an inmate convicted of two counts of armed robbery in 2010, filed a federal habeas corpus petition challenging his convictions and forty-nine-year concurrent sentences by raising seven grounds of ineffective assistance of counsel. The district court denied the petition,
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The court held that the petitioner's claims were unexhausted and potentially procedurally defaulted, requiring further analysis under exceptions like Martinez v. Ryan or fundamental miscarriage of justice.
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Darrell Thornton, an inmate serving a sentence for attempted second-degree murder, battery, robbery with a deadly weapon, carjacking, and second-degree arson, filed a federal habeas corpus petition raising eight grounds for relief based on claims of ineffective assistance of tria
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The court held that the Magistrate Judge's recommendation to transfer the petition to the Middle District of Florida was proper and adopted the report.
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The court held that the petitioner's claims were procedurally defaulted and barred from federal review because he failed to appeal the denial of his state post-conviction motion.
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Fla. 5th DCA·
2021-05-18
Jeffrey Thomas Daniel challenged his pretrial detention order, arguing that the trial court erroneously interpreted section 907.041(4)(c)2 of the Florida Statutes by treating law enforcement officers as "judicial officers" for purposes of pretrial detention. The Fifth District Co
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Fla. 1st DCA·
2021-05-12
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Fla. 3d DCA·
2021-05-07
A defendant who violates a condition of pretrial release forfeits the right to continued release under the original bond but retains the constitutional right to pretrial release, and a trial court must follow section 907.041 and applicable rules when holding a defendant without b
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Fla. 3d DCA·
2021-05-05
A successive habeas corpus petition raising previously rejected grounds is properly denied as procedurally deficient and without merit.
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Ford challenged his state court conviction for second degree murder and first degree arson, seeking federal habeas relief through a § 2254 petition on multiple grounds involving alleged ineffective assistance of trial and appellate counsel, primarily concerning the suppression he
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The court held that the petitioner's amended petition for writ of habeas corpus is untimely as to one of his convictions, requiring dismissal in part.
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A pre-trial detainee's federal habeas corpus petition under 28 U.S.C. § 2241 is properly dismissed without prejudice if the petitioner has not exhausted available state court remedies.
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The petition for a writ of habeas corpus is dismissed because challenges to conditions of confinement are not cognizable under 28 U.S.C. § 2241, and alternatively, the case is moot as the petitioner is no longer in the challenged custody.
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M.D. Fla.·
2021-04-21
The federal court denied a state prisoner's petition for a writ of habeas corpus, finding his double jeopardy claim unexhausted and, alternatively, without merit because the mistrial was not provoked by the prosecution.
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The court held that the federal habeas petition was time-barred because it was filed more than one year after the judgment became final, and the petitioner failed to establish grounds for equitable tolling.
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Fla. 1st DCA·
2021-04-08
The appellate court denied a petition for a writ of habeas corpus, upholding the trial court's decision to deny bail for a defendant facing serious charges and a history of flight and new offenses while on bond. The court found the defendant failed to present sufficient evidence
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The court held that the petitioner's claims of ineffective assistance of counsel and insufficient evidence for his murder conviction lacked merit and did not warrant federal habeas relief.
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Fla. 1st DCA·
2021-04-06
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Jamelle Rashard Smith challenged his conviction for attempted first-degree murder on grounds of insufficient evidence and ineffective assistance of counsel, but the federal district court rejected all claims because the state courts' decisions were neither contrary to nor an unre
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The court held that the state postconviction court reasonably applied federal law in denying the habeas petitioner's claim of ineffective assistance of counsel, as the petitioner failed to demonstrate prejudice by showing he would have gone to trial but for counsel's alleged erro
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Fla. 3d DCA·
2021-03-31
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Fla. 5th DCA·
2021-03-26
A pro se litigant who engages in abusive, repetitive, malicious, or frivolous filings attacking his judgment and sentence may be barred from future pro se filings to conserve judicial resources.
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The court held that the petition for habeas corpus should be transferred to the Middle District of Florida, as it is in the interest of justice.
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M.D. Fla.·
2021-03-25
The court held that a ministerial correction of a sentence, even when entered nunc pro tunc, does not reset the one-year limitations period for filing a federal habeas corpus petition under AEDPA.
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M.D. Fla.·
2021-03-22
The court found the federal habeas petition to be timely filed, denying respondents' motion to dismiss on timeliness grounds. It also found grounds seven through nine to be procedurally defaulted and unexhausted, barring their review.
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Fla. 5th DCA·
2021-03-19
A pro se litigant who engages in abusive, repetitive, malicious, or frivolous filings attacking his judgments and sentences may be barred from future pro se filings to conserve judicial resources.
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343 So. 3d 195·
Fla. 3d DCA·
2021-03-17
The trial court properly denied Scott's amended second or successive motion for post-conviction relief.
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A post-plea deposition in which a defendant testifies as a cooperating witness against a co-defendant does not constitute a critical stage of the defendant's own criminal proceedings where the denial of counsel would presumptively contaminate the entire proceeding, particularly w
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Fla. 2d DCA·
2021-03-10
The Florida District Court of Appeal, Second District, imposed restrictions on Jimmy Lee Wheeler's pro se filings after he initiated over twenty meritless proceedings related to two criminal cases. The court directed the clerk to reject future filings unless signed by a licensed
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M.D. Fla.·
2021-03-08
The court held that a claim based solely on state law regarding the withdrawal of a plea is not cognizable in federal habeas corpus proceedings. Furthermore, the court found that the state court's adjudication of the ineffective assistance of counsel claim was not contrary to cle
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Fla. 1st DCA·
2021-03-04
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A federal habeas corpus petition filed more than nine years after the conviction became final is untimely and must be dismissed, as statutory and equitable tolling do not apply.
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The court held that the state court's denial of the motion to suppress was not an unreasonable application of federal law, and other claims were unexhausted or procedurally barred.
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Fla. 1st DCA·
2021-02-22
The appellate court affirmed the trial court's dismissal of a habeas corpus petition. The petition challenged a conviction but was filed in the wrong county and sought relief that should have been pursued through a postconviction motion in the sentencing court.
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Fla. 5th DCA·
2021-02-19
A pro se litigant who engages in abusive, repetitive, and frivolous filings attacking his judgment and sentence may be prohibited from future pro se filings to conserve judicial resources.
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Fla. 5th DCA·
2021-02-19
A petitioner whose habeas corpus petition has been denied may be sanctioned for filing further abusive, repetitive, malicious, or frivolous filings asserting claims stemming from the same underlying case.
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Fla. 1st DCA·
2021-02-17
The appellate court dismissed Akil Zachary Flagg's petition for a writ of habeas corpus, finding it to be a frivolous attempt to relitigate issues already decided in prior appeals. The court warned Flagg against future frivolous filings.
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Fla. 1st DCA·
2021-02-10
Habeas corpus relief is unavailable when the petitioner fails to demonstrate probable cause that detention is without lawful authority, but the petitioner may seek administrative relief when the sentencing court intended concurrent sentences.
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The court held that a federal habeas petition based on a newly recognized constitutional right is timely under 28 U.S.C. § 2244(d)(1)(C) if filed within one year of the date the right was initially recognized by the Supreme Court, not the date it was made retroactive.
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The court held that the petitioner's federal habeas petition was time-barred because it was filed more than one year after his conviction became final and state post-conviction actions did not toll the limitations period.
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M.D. Fla.·
2021-02-04
Michael Kennedy, convicted in Duval County of two counts of aggravated assault with firearm discharge and one count of shooting or throwing a deadly missile, filed a federal habeas petition challenging his conviction on multiple grounds of ineffective assistance of trial counsel.
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The court held that the federal habeas petition was untimely filed and dismissed it, denying a certificate of appealability.
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M.D. Fla.·
2021-02-02
The petition for a writ of habeas corpus is dismissed with prejudice as untimely filed.
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The court held that claims not properly presented to state courts are procedurally defaulted and that there is no federal constitutional right to have a guilty plea accepted by a court.
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The court held that the petitioner has alleged sufficient facts to preliminarily establish that his claim of ineffective assistance of counsel is substantial, requiring an evidentiary hearing.
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S.D. Fla.·
2021-01-27
The court adopted the magistrate judge's report and denied the petition for a writ of habeas corpus, finding most claims unexhausted and the remaining claims without merit.