Coerced Guilty Plea

258 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Busby v. Holman
  356 F.2d 75· 5th Cir.· 1966-01-31 ·cited 195×
  The court did not issue a holding as this is a dissenting opinion.
• United States v. Barker
  514 F.2d 208· D.C. Cir.· 1975-02-25 ·cited 140×
  The court held that the defendants' guilty pleas should be judged by the 'fair and just' standard, and that their asserted defenses, if proven, would be legally valid, warranting withdrawal of the pleas.
• Barker v. Norman
  651 F.2d 1107· 5th Cir.· 1981-07-30 ·cited 129×
  The court held that the trial judge abused his discretion by not advising a pro se litigant that his affidavit was insufficient due to hearsay.
• Diggs v. Welch
  148 F.2d 667· D.C. Cir.· 1945-02-26 ·cited 121×
• United States ex rel. John McGRATH v. LaVALLEE
  319 F.2d 308· 2d Cir.· 1963-06-12 ·cited 91×
  The court held that a judge's conversation with a defendant about a guilty plea, even if potentially coercive, does not automatically constitute a denial of due process; the specific content and effect must be considered. The 'unless clearly erroneous' rule applies to factual inf
• Polite v. Diehl
  507 F.2d 119· 3d Cir.· 1974-12-31 ·cited 64×
  The court held that while the one-year statute of limitations for false arrest applies to the arrest itself, it does not extend to claims of assault and battery, coerced guilty plea, or unlawful seizure of property, which are governed by different state statutes of limitations.
• Gust v. State
  535 So. 2d 642· Fla. 1st DCA· 1988-12-15 ·cited 61×
  Stephen Gust appeals the summary denial of his Rule 3.850 post-conviction motion alleging ineffective assistance of counsel, a coerced plea, and sentencing without a scoresheet. The court reverses and remands, finding the motion timely filed and requiring the trial court to attac
• Birl v. Estelle
  660 F.2d 592· 5th Cir.· 1981-11-05 ·cited 54×
  A pro se litigant's failure to file an appeal within the prescribed time limit, without a showing of excusable neglect, deprives the court of jurisdiction.
• Tolar v. State
  196 So. 2d 1· Fla. 4th DCA· 1967-03-07 ·cited 52×
  Roosevelt Tolar appealed a trial court's denial of his post-conviction motion seeking to set aside life sentences for three robbery and conspiracy convictions. The appellate court found the trial court erred by denying the motion without holding an evidentiary hearing, particular
• Maxwood Clarence Brumley v. State
  224 So. 2d 447· Fla. 4th DCA· 1969-06-30 ·cited 50×
  Brumley appealed denial of a motion to vacate his guilty pleas and sentences for escape and robbery, alleging he was coerced by sheriff's deputies who threatened capital kidnapping charges and to make his gunshot wound fatal. The court held that allegations of coercion by law enf
• Scott v. United States
  434 F.2d 11· 5th Cir.· 1970-11-02 ·cited 47×
  The court held that the petitioner's guilty plea was not coerced and that the federal sentence was validly imposed.
• Euziere v. United States
  249 F.2d 293· 10th Cir.· 1957-10-26 ·cited 46×
  The court held that the trial judge's statements to the defendants were reasonably calculated to coerce them into pleading guilty, thus rendering the plea involuntary.
• Braddy Williams v. State
  919 So. 2d 645· Fla. 4th DCA· 2006-01-25 ·cited 42×
  A trial court need not hold an evidentiary hearing on a motion to withdraw a guilty plea when the defendant's allegation of coercion is conclusively refuted by the record of the plea colloquy.
• Siegel v. State
  586 So. 2d 1341· Fla. 5th DCA· 1991-10-10 ·cited 42×
  Jacob Siegel appealed from summary denial of his rule 3.850 post-conviction relief motion, claiming his guilty plea was involuntary and his counsel was ineffective. The court affirmed the denial of the ineffective assistance claim but reversed the denial of the involuntary plea c
• Wofford v. State
  819 So. 2d 891· Fla. 1st DCA· 2002-06-17 ·cited 37×
  An indigent defendant unrepresented by counsel has a Sixth Amendment right to court-appointed counsel to assist in filing a motion to withdraw a plea after sentencing under Florida Rule of Criminal Procedure 3.170(i), and denial of this right requires reversal per se.
• Wellnitz v. Bay H. Page
  420 F.2d 935· 10th Cir.· 1970-01-26 ·cited 36×
  An erroneous sentence estimate by defense counsel, or a defendant's erroneous expectation based on such an estimate, does not render a guilty plea involuntary.
• Rogers v. Louie L. Wainwright
  394 F.2d 492· 5th Cir.· 1968-05-17 ·cited 36×
  The court held that the district court did not err in denying habeas corpus relief without a hearing because the petitioner's guilty plea was voluntary and the sentences were concurrent.
• Jones v. State
  165 So. 2d 191· Fla. 2d DCA· 1964-06-10 ·cited 36×
  A defendant alleging coercion into a guilty plea is entitled to a hearing, even if the allegations may seem difficult to prove.
• Baxter v. Estelle
  614 F.2d 1030· 5th Cir.· 1980-04-03 ·cited 35×
  The court affirmed the denial of habeas corpus relief, finding that claims related to prison disciplinary proceedings were unexhausted, claims regarding prior convictions were barred by laches, and the claim challenging a statutory presumption lacked standing due to a guilty plea
• Carpenter v. Louie L. Wainwright
  372 F.2d 940· 5th Cir.· 1967-02-02 ·cited 32×
  The court held that the allegations in the habeas corpus petition were sufficient to require a hearing on whether the guilty plea was coerced.
• United States v. Hoyland
  264 F.2d 346· 7th Cir.· 1959-02-20 ·cited 32×
  A voluntary plea of guilty, entered with advice of counsel and full understanding of consequences, waives the right to challenge the conviction based on alleged coercion, double jeopardy, or jurisdictional defects.
• Isley v. State
  565 So. 2d 389· Fla. 5th DCA· 1990-08-09 ·cited 30×
  Clarence Isley pleaded nolo contendere to second degree murder and was sentenced to 30 years with a mandatory minimum, then appealed claiming his plea was involuntary, unintelligent, and coerced, and that he was incompetent. The court affirmed, holding that absent a motion to wit
• Pursley v. United States
  391 F.2d 224· 5th Cir.· 1968-03-12 ·cited 30×
  The court held that the defendant's claims of coercion and promises were refuted by the files and records of the district court.
• Dean v. State
  580 So. 2d 808· Fla. 3d DCA· 1991-05-14 ·cited 29×
  Harold Dean appealed the summary denial of his Rule 3.850 post-conviction relief motion, challenging his guilty pleas on grounds including involuntary confession, ineffective assistance of counsel, and coerced guilty plea. The Florida Third District Court of Appeal affirmed the t
• Ward v. State
  236 So. 2d 187· Fla. 1st DCA· 1970-06-11 ·cited 28×
  A voluntary guilty plea, entered on advice of counsel, constitutes a waiver of all non-jurisdictional defects occurring prior to the plea.
• Hawkins v. Bennett
  423 F.2d 948· 8th Cir.· 1970-03-19 ·cited 28×
  The federal court erred in denying a habeas corpus petition without an evidentiary hearing when the state court hearing was deficient.
• Jones v. Estelle
  584 F.2d 687· 5th Cir.· 1978-11-20 ·cited 27×
  The court held that a guilty plea is valid if the plea bargain was not breached and the plea was not coerced, and that Anders requirements do not apply when a client voluntarily withdraws an appeal after receiving effective advice.
• Plymale v. State
  201 So. 2d 85· Fla. 3d DCA· 1967-07-11 ·cited 27×
  Plymale challenged his 1961 guilty pleas to robbery charges on grounds of coercion and ineffective assistance of counsel. The court affirmed the trial court's denial of relief, finding the appellant failed to demonstrate error and noting his unexplained delay in raising these cla
• Eligha Thomas v. State
  210 So. 2d 488· Fla. 2d DCA· 1968-05-17 ·cited 26×
  A defendant convicted of robbery appeals the denial of his motion to vacate his guilty plea, alleging he was coerced by the sheriff into pleading guilty through threats and intimidation. The court reverses and remands for an evidentiary hearing on the coercion allegations, emphas
• Burgett v. United States
  237 F.2d 247· 8th Cir.· 1956-10-19 ·cited 24×
  The court held that the appellant's claims of a coerced plea and invalid waiver were refuted by the record and did not raise substantial issues of fact requiring a hearing.
• Trotter v. United States
  359 F.2d 419· 2d Cir.· 1966-04-21 ·cited 22×
• Jackson v. State
  801 So. 2d 1024· Fla. 5th DCA· 2001-12-21 ·cited 21×
  The appellate court affirmed the denial of the defendant's motion for post-conviction relief, finding that his claims of ineffective assistance of counsel regarding a coerced guilty plea were refuted by the record and did not warrant an evidentiary hearing.
• Simmons v. State
  485 So. 2d 475· Fla. 2d DCA· 1986-03-19 ·cited 20×
  The court held that a defendant alleging his present sentence is enhanced by prior convictions, even if expired, has standing to attack those convictions for postconviction relief purposes.
• Diamond v. United States
  432 F.2d 35· 9th Cir.· 1970-09-18 ·cited 20×
  The court held that the district court erred in denying an evidentiary hearing on the petitioner's claim of being coerced into a guilty plea by physical abuse from law enforcement officers.
• Thomas v. State
  419 So. 2d 1141· Fla. 1st DCA· 1982-09-23 ·cited 18×
• United States v. Barrett
  514 F.2d 1241· 5th Cir.· 1975-06-18 ·cited 18×
  The court held that the appeal lacked arguable merit and granted counsel's motion to withdraw.
• Crum v. Hunter
  151 F.2d 359· 10th Cir.· 1945-09-04 ·cited 18×
  A defendant is not deprived of effective assistance of counsel merely because assigned counsel advises or urges a guilty plea after investigation.
• Thomas v. State
  172 So. 2d 245· Fla. 2d DCA· 1965-03-03 ·cited 17×
  A coerced guilty plea claim is not sustained when the defendant pleads guilty based on attorney advice, absent incompetence or prosecution misconduct.
• Woods v. State
  879 So. 2d 651· Fla. 5th DCA· 2004-07-02 ·cited 16×
  Willie Mack Woods appeals his sentence for violation of probation and the denial of his motion to withdraw his plea. The Fifth District Court of Appeal reversed the trial court's order requiring Woods to pay supplemental attorney's fees as a condition of probation because the tri
• Miles Lee Brown v. State
  835 So. 2d 402· Fla. 2d DCA· 2003-01-31 ·cited 16×
  Miles Brown appeals the denial of his motion to withdraw his guilty plea, claiming he was denied conflict-free counsel at the hearing on that motion. The court reversed, holding that when a defendant seeks to withdraw a plea on grounds that it was coerced by counsel and has raise
• Lingenfelser v. State
  734 So. 2d 472· Fla. 4th DCA· 1999-05-12 ·cited 16×
  Christopher Lingenfelser appeals his conviction for cocaine trafficking after the trial court sentenced him without considering his motion to withdraw his guilty plea and discharge his attorneys. The court held that when a defendant claims his plea was coerced by counsel, the tri
• United States v. Bruce
  976 F.2d 552· 9th Cir.· 1992-10-01 ·cited 16×
  A district judge's participation in plea bargaining discussions violates Fed. R. Crim. P. 11(e)(1), entitling a defendant to withdraw their guilty plea. Additionally, failure to adequately inform a defendant of the nature of the charges violates Fed. R. Crim. P. 11(c)(1), also re
• Allen v. State
  427 So. 2d 280· Fla. 2d DCA· 1983-02-18 ·cited 16×
  The court reversed the trial court's summary denial of a Rule 3.850 postconviction motion for ineffective assistance of counsel and plea coercion because the trial court failed to conduct an evidentiary hearing or attach record portions refuting the allegations.
• Jones v. Louie L. Wainwright
  604 F.2d 414· 5th Cir.· 1979-10-12 ·cited 16×
  The court held that the petitioner's guilty plea was not coerced and his attorney at the probation revocation hearing provided reasonably effective assistance.
• Alford v. State OF N.C.
  405 F.2d 340· 4th Cir.· 1968-11-26 ·cited 16×
  The dissenting judge argues that the defendant's plea to second-degree murder, motivated by fear of capital punishment, was not unconstitutionally coerced under the principles of United States v. Jackson. The infirmity in the statute related to capital punishment, not lesser offe
• Richardson v. State
  202 So. 2d 137· Fla. 3d DCA· 1967-08-08 ·cited 16×
  The Florida District Court of Appeal reversed an order summarily denying a prisoner's third petition to vacate his guilty plea. The court found that the record did not refute the prisoner's allegations of coercion by his counsel and the judge, necessitating further proceedings.
• Edgerton v. State OF N.C.
  315 F.2d 676· 4th Cir.· 1963-03-14 ·cited 16×
  The court held that the district court erred in denying the habeas corpus petition without a plenary hearing, as the petition alleged facts not patently frivolous or false when considered against the record.
• Bistram v. United States
  237 F.2d 243· 8th Cir.· 1956-10-18 ·cited 16×
  The court held that a second motion to vacate a sentence, raising new grounds not previously considered, should not be summarily denied as successive without a hearing, especially when the government confesses error.
• Dodd v. United States
  196 F.2d 190· 10th Cir.· 1952-04-18 ·cited 16×
  The court held that the trial court's acceptance of guilty pleas resolved the issue of mental capacity, and the subsequent findings on coercion claims were supported by evidence, precluding collateral attack.
• Wright v. State
  447 So. 2d 961· Fla. 1st DCA· 1984-03-14 ·cited 15×