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. 5th DCA·
2021-01-26
A defendant charged with a non-capital offense is entitled to pretrial release on reasonable conditions unless the State files a motion for pretrial detention and establishes that no condition of release can reasonably protect the community and assure the defendant's presence in
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Johnson Cuffy's federal habeas corpus petition challenging his 2012 Florida conviction for racketeering, conspiracy, and grand theft was dismissed as time-barred under the one-year statute of limitations set forth in 28 U.S.C. § 2244(d)(1). The court determined that although Cuff
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M.D. Fla.·
2021-01-19
The court held that attorney negligence, even if egregious, does not by itself qualify as an extraordinary circumstance for equitable tolling of the AEDPA limitations period.
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S.D. Fla.·
2021-01-13
The court held that the magistrate judge's report and recommendation to deny the petition for a writ of habeas corpus was correct, and the petition should be denied.
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Fla. 1st DCA·
2021-01-07
A trial court need not hold an evidentiary hearing on a subsequent motion for pretrial release when the same grounds were previously considered and no change in conditions or new evidence has emerged. Although a trial court retains discretion to grant pretrial release even when p
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Fla. 5th DCA·
2020-12-28
A defendant charged with a life felony is entitled to a full hearing at which to present evidence regarding bond, even when the state has demonstrated evident proof of guilt and great presumption of guilt at first appearance.
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The court denied rehearing en banc, affirming that the Adam Walsh Act precludes judicial review of the Secretary's discretionary decisions regarding visa petitions for certain individuals with prior convictions.
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Fla. 1st DCA·
2020-12-14
The appellate court reversed a lower court's grant of habeas corpus relief, finding that the Department of Corrections was not given proper notice or an opportunity to be heard. The case highlights the procedural requirements for responding to habeas corpus petitions, especially
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M.D. Fla.·
2020-12-11
The court held that the petitioner's continued post-removal detention violated his Fifth Amendment due process rights because the government failed to demonstrate a likelihood of removal in the reasonably foreseeable future after over fifteen months of detention.
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S.D. Fla.·
2020-12-10
The district court held it lacked subject matter jurisdiction to review the petitioner's challenge to a final order of removal, as such review is exclusively vested in the court of appeals.
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Fla. 4th DCA·
2020-12-09
Luis Hollis filed a pro se petition for ineffective assistance of appellate counsel (IAAC) more than eleven years after his direct appeal was affirmed, far exceeding the applicable statutory deadlines. The Fourth District Court of Appeal denied the petition, finding that Hollis f
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The court held that defects in state collateral proceedings are not cognizable on federal habeas review. Therefore, the petition for a writ of habeas corpus should be denied.
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The court held that trial counsel was not ineffective for failing to challenge the traffic stop or file a motion to suppress, as the stop was lawful and evidence was in plain view.
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M.D. Fla.·
2020-12-04
The petition for writ of habeas corpus is dismissed as untimely filed because it was filed outside the one-year limitations period established by AEDPA.
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Fla. 4th DCA·
2020-12-02
A defendant challenging a conviction based on a Brady notice regarding improper CPI calculations in DNA analysis must establish that CPI was actually applied to the DNA evidence in his case, and paternity tests involving only two individuals do not involve CPI analysis.
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Fla. 3d DCA·
2020-12-02
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M.D. Fla.·
2020-12-02
The court held that the petitioner's federal habeas petition was untimely filed and not subject to equitable tolling or the actual innocence exception.
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The court held that defects in state collateral proceedings are not cognizable on federal habeas review and denied the petition.
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Fla. 1st DCA·
2020-11-18
The appellate court denied a petition for a writ of habeas corpus, upholding the trial court's decision to deny bail to a defendant charged with second-degree murder. The court found sufficient evidence of guilt to justify detention pending trial.
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S.D. Fla.·
2020-11-09
The court held that it lacked jurisdiction to review the Attorney General's discretionary decision to detain an alien, even when framed as a habeas corpus petition or constitutional claim.
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The court held that the state court's denial of the petitioner's ineffective assistance of counsel claim was not contrary to or an unreasonable application of federal law.
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S.D. Fla.·
2020-11-06
The court adopted the Magistrate Judge's recommendation to deny the petition for writ of habeas corpus and denied a certificate of appealability.
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M.D. Fla.·
2020-11-05
The court held that the plaintiff's pro se civil rights complaint failed to state a claim upon which relief could be granted due to insufficient pleading regarding defendants and constitutional violations.
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Daniel Toney, a state prison inmate, filed a federal habeas corpus petition challenging his 2010 Florida conviction for armed robbery and firearm possession, raising four grounds including insufficient evidence, improper HFO sentencing, ineffective assistance of trial counsel reg
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The court held that the petitioner's federal habeas corpus petition was time-barred under AEDPA because it was filed more than one year after his conviction became final and no tolling events applied.
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The court held that the petitioner's claims were unexhausted and, even if considered on the merits, lacked merit under the applicable standards of review.
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The court held that the petitioner's claim regarding his sentence was unexhausted and, alternatively, without merit because he admitted the factual basis for the sentence during his guilty plea, which satisfied the requirements of Blakely and Apprendi.
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The court held that the petitioner's federal habeas petition was time-barred under AEDPA's one-year statute of limitations.
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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 or an unreasonable application of federal law, and was not based on an unreasonable determination of the facts.
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Ian Chad Webster, a Florida state prisoner, petitioned for federal habeas corpus relief challenging his guilty pleas to conspiracy to traffic cocaine, possession of cocaine while armed, and tampering with evidence. The court rejected all seven of Webster's claims, finding that hi
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A Florida inmate convicted of sexual battery and lewd molestation of a child sought federal habeas relief under 28 U.S.C. § 2254, raising twelve grounds including claims of ineffective assistance of trial counsel, violation of his right to conflict-free counsel, and prosecutorial
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Florida state prisoner James L. Collins Jr. sought federal habeas corpus relief from his 2013 conviction for grand theft and subsequent sentencing as a habitual felony offender to ten years imprisonment, raising claims of judicial bias, ineffective assistance of counsel, violatio
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Fla. 1st DCA·
2020-10-05
The court dismissed a petition for writ of habeas corpus, finding it unauthorized. The petitioner argued his sentence was illegal, but the court found it was authorized by statute and not subject to the same exceptions as in prior cases.
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The federal court denied the petition for writ of habeas corpus, finding the state court's adjudications of the petitioner's claims were not contrary to, nor an unreasonable application of, clearly established federal law.
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Louis Thomas sought federal habeas relief from his state conviction for robbery, challenging his trial attorney's representation under the Sixth Amendment's right to effective assistance of counsel. The district court denied relief, finding that Thomas failed to demonstrate eithe
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The court held that the petitioner's claims of ineffective assistance of counsel were meritless and not contrary to federal law, and therefore denied the petition for a writ of habeas corpus.
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304 So. 3d 809·
Fla. 5th DCA·
2020-09-26
The court held that a defendant found incompetent to proceed cannot be held in jail solely to await a determination of competency or involuntary commitment criteria.
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Fla. 1st DCA·
2020-09-25
The petition for writ of habeas corpus is denied on the merits.
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Byron McClendon, an inmate challenging a 2007 Florida conviction for drug trafficking and firearms-related offenses, filed a federal habeas corpus petition raising five ineffective assistance of counsel claims. The district court denied all claims after reviewing the state court
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The court held that the petitioner's federal habeas corpus petition was time-barred under the Antiterrorism and Effective Death Penalty Act (AEDPA) and that the petitioner failed to demonstrate actual innocence to overcome the time bar.
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Fla. 1st DCA·
2020-09-25
A habeas corpus petition is properly dismissed when it raises issues that could have been or were raised on direct appeal or in postconviction motions.
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S.D. Fla.·
2020-09-22
The court held that the petitioner's habeas corpus petition was moot because she had been removed from the United States, and thus the court lacked jurisdiction.
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Copeland, an inmate convicted of attempted first degree murder, aggravated battery with a firearm, and shooting into a building, filed a federal habeas corpus petition under 28 U.S.C. § 2254 challenging his Florida conviction. The district court denied all four grounds of his pet
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The court held that the petitioner's federal habeas corpus petition was time-barred under the AEDPA's one-year statute of limitations.
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The court held that the petitioner's claims regarding erroneous jury instructions and ineffective assistance of counsel were procedurally barred or without merit under federal habeas review standards.
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M.D. Fla.·
2020-09-04
The court held that the petitioner's release from detention rendered his habeas corpus petition moot, as he had obtained the relief sought and no remaining collateral consequences or reasonable expectation of re-detention justified further review.
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Fla. 1st DCA·
2020-09-03
The First District Court of Appeal of Florida dismissed a petition for a writ of habeas corpus as moot because the petitioner was no longer in custody on the charge that formed the basis of the petition. The court noted that the petitioner had pleaded no contest, was adjudicated
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The court held that the petitioner's claims were procedurally defaulted and without merit, and therefore denied the petition for writ of habeas corpus.
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Zachery Keith Turner, convicted of lewd and lascivious battery on a minor, filed a federal habeas corpus petition challenging his conviction and 15-year sentence on multiple grounds, including claims of competency-to-stand-trial error, ineffective assistance of counsel, and Crawf
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The court held that the petitioner's federal habeas petition was time-barred under AEDPA's one-year statute of limitations, as it was filed more than seven years after his judgment became final and he failed to establish entitlement to equitable tolling.