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·
2020-02-20
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N.D. Fla.·
2020-02-18
The court held that the plaintiff's challenge to a civil contempt order must be pursued in state court, and therefore, the Younger abstention doctrine applies.
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The court held that the petitioner failed to demonstrate that the state court's adjudication of his claims was contrary to or an unreasonable application of federal law, and thus denied the petition for habeas corpus relief.
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Fla. 5th DCA·
2020-02-06
A defendant not charged with a capital felony or life felony must be released on reasonable conditions when the State has not sought pretrial detention.
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Steve Anderson, an inmate serving a life sentence for first-degree murder and carrying a concealed firearm, sought federal habeas relief challenging his 2009 state court convictions, raising claims including judicial bias during jury selection, insufficient evidence for the firea
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Fla. 4th DCA·
2020-01-22
The trial court did not err in imposing a consecutive sentence in the second case, and Williams is not entitled to relief under Rule 3.800(a) or habeas corpus.
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Fla. 2d DCA·
2020-01-17
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David Moran petitioned for habeas corpus relief alleging his appellate counsel was ineffective for failing to raise various issues on direct appeal, including suppression of statements, prosecutorial misconduct, double jeopardy, and judgment of acquittal. The Fifth District Court
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Fla. 4th DCA·
2020-01-08
A habeas corpus petition may be denied without prejudice when the petitioner has a pending Rule 3.850 motion that provides an adequate alternative remedy.
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Fla. 3d DCA·
2019-12-31
This case involves a juvenile, S.B., seeking release from secure detention via a writ of habeas corpus. The court granted the petition, finding that S.B. was held in detention without the required statutory findings and proper notice of contempt proceedings.
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Fla. 3d DCA·
2019-12-17
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M.D. Fla.·
2019-12-17
The federal court denied a state prisoner's habeas corpus petition because the state court's rejection of his claims regarding sentencing enhancements was not contrary to or an unreasonable application of federal law.
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Fla. 3d DCA·
2019-12-17
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Fla. 5th DCA·
2019-12-11
A child detained in secure detention at a juvenile detention center petitioned for habeas corpus relief, claiming her detention violated Florida law. The appellate court granted the petition, finding that the trial court failed to make sufficient written findings required by stat
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The court held that the state court's adjudication of the ineffective assistance of counsel claim was not contrary to or an unreasonable application of federal law, and thus, the petitioner is not entitled to federal habeas relief.
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The court held that the petitioner failed to demonstrate extraordinary circumstances to reopen a federal habeas judgment based on claims of ineffective assistance of collateral counsel.
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Fla. 5th DCA·
2019-12-08
A juvenile petitioner challenged his detention in secure conditions at a detention center, claiming he was being held unlawfully despite DRAI assessment scores insufficient to justify secure detention. The court granted the habeas corpus petition and ordered an evidentiary hearin
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The federal court denied the petition for writ of habeas corpus, finding 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 t
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Fla. 3d DCA·
2019-12-04
A pro se litigant's right to proceed without counsel may be forfeited where the party has abused the judicial process through continued filing of successive or meritless collateral claims in a criminal proceeding, after proper notice and opportunity to be heard.
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A federal prisoner seeking habeas corpus relief must first exhaust available administrative remedies, and the Bureau of Prisons has discretion to designate the facility where a federal sentence is served.
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Fla. 3d DCA·
2019-11-13
The Florida District Court of Appeal, Third District, prohibited Rodrick Sams from filing further pro se appeals and petitions relating to two specific criminal cases after finding he had engaged in successive, duplicative, and frivolous filings. Any future filings on these matte
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M.D. Fla.·
2019-11-13
The court held that the petitioner received adequate due process in his prison disciplinary proceedings and that there was sufficient evidence to support the sanctions imposed.
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Fla. 3d DCA·
2019-11-06
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Fla. 5th DCA·
2019-11-03
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The court held that the petitioner's federal habeas corpus petition was untimely filed and that his claims of actual innocence and equitable tolling did not overcome the untimeliness.
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S.D. Fla.·
2019-10-29
The court affirmed and adopted the Magistrate Judge's Report, dismissing the motion without prejudice as premature.
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James Curry, an inmate convicted of armed robbery in Florida state court, filed a federal habeas petition challenging his conviction based on six grounds of ineffective assistance of trial counsel, including claims that counsel failed to raise Brady violations regarding a missing
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Anthony Ruise, a Florida state prisoner, petitioned for federal habeas corpus relief under 28 U.S.C. § 2254, challenging his 2010 conviction for sexual battery and raising eight grounds of ineffective assistance of counsel under Strickland v. Washington. The federal district cour
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9th Cir. Ct. App. Div.·
2019-10-23
Petitioner challenged the trial court's ordering of a second competency evaluation after a hearing on his incompetency motion. The appellate court held that Florida Rule of Criminal Procedure 3.210 does not require a trial court to make a final competency determination based on a
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Fla. 4th DCA·
2019-10-23
A dismissal without prejudice of a rule 3.850 postconviction relief motion is not a final, appealable order.
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Fla. 1st DCA·
2019-10-23
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. 4th DCA·
2019-10-23
A habeas corpus petition that raises procedurally barred postconviction claims that are untimely and successive is properly denied.
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Fla. 1st DCA·
2019-10-23
The petition for writ of habeas corpus was dismissed.
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Louis Thornton, a Florida inmate, sought federal habeas relief challenging his 2011 conviction for aggravated battery and firearm possession based on alleged ineffective assistance of trial counsel and other constitutional claims, which the court denied as either improper state l
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The court held that the petitioner's claims of ineffective assistance of counsel lack merit, and he is not entitled to federal habeas relief.
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Fla. 1st DCA·
2019-10-17
A petition for writ of habeas corpus is unauthorized, and Florida law properly treats placement on probation or community control without adjudication of guilt as a prior conviction.
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Fla. 1st DCA·
2019-10-17
A petition for writ of habeas corpus is dismissed as unauthorized when it does not meet the requirements for such relief.
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The court held that the petitioner's claim of improper prosecutorial comments was not cognizable in federal habeas corpus because it alleged violations of state law, not federal law, and was conclusory. The court also found substantial evidence of guilt, precluding relief even if
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The court adopted the Magistrate Judge's Report and Recommendation, overruling the petitioner's objections and denying his petition for habeas corpus relief.
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The Court denies Petitioner's request for a writ of habeas corpus, finding that the state court's decisions were not contrary to federal law and were based on reasonable determinations of fact.
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The court found that the petitioner had exhausted his claim of ineffective assistance of counsel by challenging the state trial court's ruling on the merits during his state appeal, thus allowing federal review.
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M.D. Fla.·
2019-10-08
The court held that while 8 U.S.C. § 1226(c) mandates detention, prolonged detention without a bond hearing can violate the Due Process Clause.
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15th Cir. Ct. App. Div.·
2019-10-01
John E. Carter, an attorney facing criminal contempt charges, petitioned for a writ of habeas corpus and prohibition after being remanded into custody for a mental health evaluation. The appellate court granted both petitions, finding the trial judge failed to follow required pro
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The court held that a Rule 60(b)(3) motion cannot be used to reopen a federal habeas judgment based on fraud perpetrated on a state court.
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The court held that the petitioner's federal habeas corpus petition was untimely filed and that he failed to demonstrate actual innocence to overcome the procedural bar.
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N.D. Fla.·
2019-09-29
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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Terry Ragland was convicted of second-degree murder and attempted armed robbery in the 2010 murder of a robbery victim. The federal district court denied Ragland's habeas petition challenging his conviction on grounds of ineffective assistance of trial counsel, finding that each
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S.D. Fla.·
2019-09-16
Lower federal courts lack subject matter jurisdiction to review decisions of the United States Supreme Court or its Clerk.
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Fla. 5th DCA·
2019-09-13
A petitioner whose habeas corpus petition has been denied may be cautioned that further abusive, repetitive, malicious, or frivolous pro se filings will result in sanctions including a bar on pro se filings and referral for disciplinary proceedings.
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The court held that the petitioner's habeas corpus petition was time-barred under the Antiterrorism and Effective Death Penalty Act (AEDPA).