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·
2020-08-21
Appellate counsel was ineffective for failing to raise on direct appeal the trial court's failure to conduct a competency hearing and enter an order adjudicating the defendant competent.
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Federal habeas relief is denied because the state court's adjudication of the claims was not contrary to or an unreasonable application of federal law, and the factual determinations were not unreasonable.
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The court held that the pro se plaintiff's complaint failed to state a claim for relief and lacked sufficient factual allegations for jurisdiction.
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Fla. 3d DCA·
2020-08-12
The appellate court affirmed the trial court's denial of a postconviction relief petition based on newly discovered evidence. The court found that the new evidence, a recantation by a witness, would likely not lead to an acquittal on retrial and was cumulative to existing evidenc
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Fla. 1st DCA·
2020-08-03
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Fla. 1st DCA·
2020-07-27
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Fla. 1st DCA·
2020-07-24
This case concerns a juvenile, N.W., who sought release from detention via a writ of habeas corpus, arguing his detention violated Florida statutes. The court found that the juvenile's extended detention beyond the statutory 72-hour limit for failure to appear was impermissible,
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S.D. Fla.·
2020-07-21
The court denied the petition for a writ of habeas corpus, finding 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.
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The court held that the state appellate court's adjudication of the petitioner's claim regarding the suppression of eyewitness identification was neither contrary to, nor an unreasonable application of, clearly established federal law, nor based on an unreasonable determination o
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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 of 1996 (AEDPA). The court reasoned that the one-year limitations period expired before the petitioner filed his state post-conviction relie
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Fla. 5th DCA·
2020-06-19
A court may sanction a pro se litigant for abusive, repetitive, malicious, or frivolous filings by barring future pro se filings and referring the matter to prison officials for disciplinary proceedings.
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The court held that the petitioner's claim regarding the information being filed in bad faith was procedurally defaulted and unexhausted, and alternatively, the information provided adequate notice. The court also held that the petitioner's sentence was a lawful enhancement as a
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Fla. 3d DCA·
2020-06-09
The appellate court granted a writ of habeas corpus, vacating an order for involuntary treatment. The court found that the order was improperly entered because the required assessment had not been completed within the statutory timeframe.
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Fla. 2d DCA·
2020-06-05
The appellate court affirmed the lower court's denial of a habeas corpus petition and motion for clarification. The court held that the petitioner's claim that he should have been allowed to amend his petition was not ripe for review because he had not yet filed a motion that was
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A defendant claiming ineffective assistance of counsel for failure to challenge a biased juror must satisfy both prongs of the Strickland test: prejudice and deficient performance. Although a juror may be actually biased against a defendant, counsel's decision to seat that juror
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Fla. 1st DCA·
2020-06-03
A successive petition for writ of habeas corpus raising the same issues as a previously dismissed petition must be dismissed.
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The court held that a federal habeas petition filed outside the one-year limitations period under AEDPA is dismissed unless the petitioner can establish actual innocence with new, reliable evidence or demonstrate entitlement to equitable tolling, neither of which was shown here.
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Elliott Lewis, an inmate in Florida, sought federal habeas corpus relief from his 2013 conviction for selling oxycodone, raising claims including Brady violations, entrapment, ineffective assistance of counsel, and failure to call witnesses. The District Court for the Middle Dist
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The court held that the petitioner's federal habeas corpus petition was untimely filed under the Antiterrorism and Effective Death Penalty Act's one-year statute of limitations, and the petitioner failed to establish the actual innocence exception.
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Fla. 1st DCA·
2020-05-26
A habeas corpus petition cannot be used to litigate issues that could have been raised on direct appeal or in postconviction proceedings, and a motion to disqualify the trial judge filed while the defendant is represented by counsel is a nullity.
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The court adopted the Magistrate Judge's Report and Recommendation, denying the petition for a writ of habeas corpus and the motion for stay and abeyance.
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Fla. 5th DCA·
2020-05-22
A trial court's denial of a habeas corpus petition is affirmed when the petition lacks merit.
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Gerald Carter, a Florida inmate, petitioned for federal habeas corpus relief challenging his 2011 and 2014 convictions for shooting into an occupied dwelling and attempted second-degree murder. The district court denied relief on all three grounds, finding that Carter's claims al
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Thomas Woods, an inmate in the Florida penal system, challenged his 2013 conviction for trafficking in cocaine while armed with a firearm through a federal habeas corpus petition, arguing that his trial counsel was ineffective for failing to advise him of or pursue an entrapment
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M.D. Fla.·
2020-05-15
Larry G. Jossey, Jr., an inmate proceeding without counsel, petitioned for federal habeas relief under 28 U.S.C. § 2254, challenging his state court conviction for armed robbery on eight grounds, including claims of ineffective assistance of counsel, jury instruction errors, and
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M.D. Fla.·
2020-05-13
A man convicted of sexually abusing his girlfriend's nine-year-old daughter filed a federal habeas corpus petition challenging his conviction, arguing that certain trial court errors violated his constitutional rights. The district court denied relief, finding that some claims we
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The court held that the state court's adjudication of the petitioner's claims was not contrary to or an unreasonable application of federal law, and therefore, the petition for writ of habeas corpus should be denied.
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The court held that the petitioner's claim regarding a Nelson hearing is not cognizable on federal habeas review as it is a matter of state law. The court also held that the petitioner's Faretta claim fails because his request to proceed pro se was not clear and unequivocal, and
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M.D. Fla.·
2020-04-27
The court held that the petitioner failed to demonstrate probable cause to believe his condition had so changed that it was safe for him to be at large, and thus his civil commitment would continue.
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The court held that the state court's denial of the petitioner's claims was neither contrary to nor an unreasonable application of federal law, and was not based on an unreasonable determination of the facts.
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Taurice Brown, a Florida inmate, challenged his 2012 conviction for first-degree murder and attempted first-degree murder through a federal habeas corpus petition, raising eight grounds of ineffective assistance of trial counsel. The district court applied the highly deferential
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M.D. Fla.·
2020-04-08
Robert Meizlik, an inmate convicted in 2007 of sexual abuse offenses, sought federal habeas relief, alleging that his trial counsel and appellate counsel were ineffective and that his conviction was improperly reviewed. The court denied all claims on the merits or alternative pro
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David Stratton, an inmate convicted of first-degree murder in 2008, filed a federal habeas petition challenging his conviction under 28 U.S.C. § 2254, raising claims of ineffective assistance of trial counsel regarding cross-examination and evidence presentation about lighting co
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The court held that there is no constitutional right to counsel in state postconviction proceedings and that the petitioner's claim was unexhausted and procedurally defaulted.
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The court denied the petition for writ of habeas corpus, finding that the petitioner procedurally defaulted claims and failed to demonstrate ineffective assistance of counsel under the AEDPA standard.
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S.D. Fla.·
2020-03-22
The court held that it lacks jurisdiction under 8 U.S.C. § 1252(g) to review a claim seeking to enjoin the execution of removal orders, even when related to pending provisional waiver applications.
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Fla. 5th DCA·
2020-03-20
A petitioner whose habeas corpus petition has been denied may be cautioned that further similarly inappropriate pro se filings asserting claims from the same cases may result in sanctions including a bar on pro se filing and referral for disciplinary proceedings.
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Fla.·
2020-03-12
Hector Sanchez-Torres challenges the denial of his motion to vacate his death sentence conviction, raising claims of ineffective assistance of counsel at trial and on appeal. The Florida Supreme Court affirmed the postconviction court's denial of relief and rejected his habeas pe
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Fla. 2d DCA·
2020-03-11
The appellate court granted a petition for a writ of habeas corpus, finding that the monetary bond set for the petitioner's pretrial release was excessive and effectively denied him release. The court emphasized that bail conditions must be reasonable and cannot be so high as to
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The court adopted the Magistrate Judge's Report and Recommendation, denying the Petitioner's motion to vacate, set aside, or correct his sentence.
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Fla. 5th DCA·
2020-03-06
A petitioner whose habeas corpus petition has been denied may be sanctioned for abusive, repetitive, malicious, or frivolous pro se filings by barring future pro se filings and referral to prison officials for disciplinary proceedings.
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S.D. Fla.·
2020-03-05
The court held that it lacked jurisdiction to issue a writ of mandamus to state courts, even when construing the petitioner's filing as such.
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The Eleventh Circuit denied the motion for appointment of substitute counsel and a stay of execution, finding the petitioner failed to demonstrate entitlement to either due to untimeliness, futility, and unjustified delay.
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Fla. 3d DCA·
2020-03-04
The Florida Supreme Court denied a petition for a writ of habeas corpus filed by Benito Concepcion, who sought to overturn his murder and kidnapping convictions based on alleged prosecutorial misconduct twenty years prior. The court found that habeas corpus was not the proper rem
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The court held that the petitioner failed to establish 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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N.D. Fla.·
2020-02-26
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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Fla. 4th DCA·
2020-02-26
The trial court's order denying the petition for writ of habeas corpus is affirmed.
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The court held that the petitioner's claims were either unexhausted and procedurally defaulted, or that the state court's denial of relief on the merits was not unreasonable under the applicable standards.
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Fla. 5th DCA·
2020-02-21
A petitioner whose habeas corpus petition has been denied may be sanctioned for abusive, repetitive, malicious, or frivolous pro se filings by barring future pro se filings and referral to prison officials for disciplinary proceedings.