Coerced Guilty Plea

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

• Griffin v. State
  573 So. 2d 979· Fla. 5th DCA· 1991-01-24 ·cited 14×
  Court reversed denial of Rule 3.850 motion to vacate conviction for aggravated battery where trial judge failed to hold evidentiary hearing or attach record portions to refute claims of coerced plea and jail time credit entitlement.
• Pollinzi v. Estelle
  628 F.2d 417· 5th Cir.· 1980-10-16 ·cited 14×
  The court held that the district court did not err in denying relief on claims of a coerced guilty plea and ineffective assistance of counsel.
• United States v. Cammisano
  599 F.2d 851· 8th Cir.· 1979-06-01 ·cited 14×
  The court held that the district court failed to comply with Fed.R.Crim.P. 11 when accepting the defendant's guilty plea, necessitating a remand.
• Calabrese v. United States
  507 F.2d 259· 1st Cir.· 1974-11-29 ·cited 14×
  A defendant's mistaken belief about the sentence they will receive, absent coercion or false promises, is not grounds to vacate a guilty plea.
• United States v. Thomas
  415 F.2d 1216· 9th Cir.· 1969-08-12 ·cited 14×
  The court held that the district court did not abuse its discretion in denying the motion to withdraw the guilty plea, as the plea was not coerced.
• File v. Lamont Smith
  413 F.2d 969· 5th Cir.· 1969-07-16 ·cited 14×
  A voluntary and understanding guilty plea waives all non-jurisdictional defects in prior proceedings.
• Bistram v. United States
  283 F.2d 1· 8th Cir.· 1960-10-24 ·cited 14×
  The court held that the district court did not err in denying the defendant's third motion to vacate sentence as a second or successive motion for similar relief under 28 U.S.C. § 2255.
• Behrens v. Hironimus
  166 F.2d 245· 4th Cir.· 1948-02-18 ·cited 14×
  The court held that the petitioner's allegations of denial of counsel and a coerced guilty plea, if true, entitle her to a hearing on her petition for a writ of habeas corpus.
• United States v. Mignogna
  157 F.2d 839· 2d Cir.· 1946-11-06 ·cited 14×
  The court held that the district court did not abuse its discretion in denying the motion to withdraw a guilty plea.
• United States v. Daniels
  902 F.2d 1238· 7th Cir.· 1990-05-10 ·cited 13×
  The court held that the indictment was valid because the grand jury's term was properly extended, and that the defendant's guilty plea was not coerced by promises of leniency.
• Teller v. United States
  263 F.2d 871· 6th Cir.· 1959-02-27 ·cited 13×
  The court held that the district court erred in not granting the appellant a hearing on his motion to vacate his sentence.
• Simmons v. State
  579 So. 2d 874· Fla. 1st DCA· 1991-05-23 ·cited 12×
  The court held that the state circuit court correctly denied the defendant's motions for postconviction relief because the available procedural remedies had lapsed or were inapplicable to the claims presented.
• Harman v. Mohn
  683 F.2d 834· 4th Cir.· 1982-07-07 ·cited 12×
  Plea bargains involving lenient treatment of a third party are not per se unconstitutional, provided the prosecutor acts in good faith and the court carefully scrutinizes the plea. A claim of ineffective assistance of counsel against a prior attorney is waived if not raised in th
• United States v. Dochterman
  630 F.2d 652· 8th Cir.· 1980-10-01 ·cited 12×
  The court affirmed the dismissal of the section 2255 motion, finding no clear error in the district court's factual findings regarding the defendant's guilty plea.
• Loconte v. State
  382 So. 2d 26· Fla. 1st DCA· 1979-05-15 ·cited 12×
  Florida appellate court affirmed summary denial of motion to vacate guilty plea where defendant's own sworn answers to trial court questions conclusively refuted his allegations of coercion and promises.
• Matthews v. United States
  569 F.2d 941· 5th Cir.· 1978-03-20 ·cited 12×
  The court held that a defendant's subjective belief of a threat is insufficient to invalidate a guilty plea if no actual threat was conveyed by the government or counsel.
• Walker v. Louie L. Wainwright
  303 So. 2d 321· Fla.· 1974-11-13 ·cited 12×
  Peter Bryan Walker petitioned for habeas corpus relief challenging his ten-year sentence for breaking and entering, arguing the sentence was enhanced by consideration of prior invalid convictions and that his guilty plea was coerced. The Florida Supreme Court dismissed the petiti
• Tipton v. Crouse
  361 F.2d 817· 10th Cir.· 1966-06-07 ·cited 12×
  A federal court must independently determine if state court findings have a factual basis, and prior state adjudication alone is insufficient.
• Thomaston v. Gladden
  326 F.2d 305· 9th Cir.· 1964-01-02 ·cited 12×
  The court held that the district court must review the state post-conviction hearing transcript to determine if it met federal standards, and if not, must hold an evidentiary hearing.
• Roscoe v. Hunter
  144 F.2d 91· 10th Cir.· 1944-07-24 ·cited 12×
  The court held that the petitioner failed to meet the burden of proof for his claims of coerced guilty plea and denial of counsel, and that the trial court had jurisdiction to modify the original sentence.
• McCall v. State
  136 Fla. 317· Fla.· 1939-02-10 ·cited 12×
  Franklin Pierce McCall, convicted of kidnapping to hold for ransom, petitioned the Florida Supreme Court to recall its mandate and grant a rehearing, claiming he was denied the right to counsel at trial. The Court rejected both the petition and a subsequent claim that his guilty
• Newsome v. State
  877 So. 2d 938· Fla. 2d DCA· 2004-07-28 ·cited 11×
  A defendant's motion to withdraw a guilty plea is facially sufficient if it alleges one of the grounds enumerated in the rules, such as involuntariness, and warrants an evidentiary hearing and appointment of conflict-free counsel.
• Siegel v. United States
  436 F.2d 92· 2d Cir.· 1970-12-14 ·cited 11×
  The court held that the defendant's claims regarding a coerced guilty plea and incompetence at sentencing were not supported by the record and that he was not entitled to credit for time served on a state sentence.
• Runge v. United States
  427 F.2d 122· 10th Cir.· 1970-05-26 ·cited 11×
  A guilty plea is not rendered involuntary solely because the defendant may have considered the possibility of a death penalty under the Federal Kidnapping Act; all surrounding circumstances must be considered.
• Cadet v. State
  795 So. 2d 228· Fla. 4th DCA· 2001-09-26 ·cited 10×
  Terry Cadet, a sixteen-year-old, entered a no-contest plea to robbery with a firearm and received a twenty-year sentence with a ten-year mandatory minimum. The trial court denied his motion to withdraw the plea without appointing conflict-free counsel, despite Cadet's allegation
• Blalock v. A.L. Lockhart
  898 F.2d 1367· 8th Cir.· 1990-03-27 ·cited 10×
  The court held that a federal evidentiary hearing is required to determine if the petitioner received ineffective assistance of counsel regarding the accomplice corroboration rule and whether his guilty plea was knowing and voluntary.
• Bentura Flores v. Estelle
  578 F.2d 80· 5th Cir.· 1978-08-08 ·cited 10×
  A federal court need not hold an evidentiary hearing if a full and fair state hearing was held and the federal judge can adjudicate the case without repeating the process.
• Watkins v. Solem
  571 F.2d 435· 8th Cir.· 1978-03-02 ·cited 10×
  A guilty plea is not rendered involuntary by a prosecutor's offer to refrain from filing more serious charges in exchange for a plea, provided the plea is made intelligently and voluntarily.
• O'Malley v. Louie L. Wainwright
  237 So. 2d 813· Fla. 2d DCA· 1970-07-17 ·cited 10×
  O'Malley filed a habeas corpus petition challenging his five-year forgery sentence after his parole was revoked for a theft conviction in California. The court found that O'Malley raised numerous grounds, most without merit, but appointed a commissioner to examine evidence on two
• United States ex rel. Enrico Gentile v. Mancusi
  426 F.2d 238· 2d Cir.· 1970-04-13 ·cited 10×
  The court held that the relator's conclusory allegations of fear and prosecutorial threats did not warrant a federal habeas corpus hearing because he had not exhausted his state remedies for the latter claim and the former was insufficient.
• Streets v. Louie L. Wainwright
  402 F.2d 87· 5th Cir.· 1968-10-15 ·cited 10×
  The court held that the factual allegations regarding a coerced guilty plea were sufficient to require an evidentiary hearing.
• Hall v. Page
  367 F.2d 352· 10th Cir.· 1966-10-18 ·cited 10×
  Federal courts must conduct an independent investigation and grant an evidentiary hearing when a habeas applicant alleges a coerced guilty plea, even if a state court previously denied relief without such a hearing.
• Hamilton v. State
  186 So. 2d 316· Fla. 2d DCA· 1966-05-11 ·cited 10×
  The appellate court affirmed the trial court's denial of a motion to vacate a guilty plea, distinguishing the case from precedent where coercion occurred after a not guilty plea.
• Davis v. Bomar
  344 F.2d 84· 6th Cir.· 1965-04-20 ·cited 10×
  A defendant's retained counsel's alleged incompetence or errors do not constitute a denial of constitutional rights chargeable to the state, absent a showing that the proceedings were a farce or mockery of justice.
• Wesley v. State OF Ala.
  488 F.2d 30· 5th Cir.· 1974-01-11 ·cited 9×
  The court held that the state court's evidentiary hearing was not full and fair, and the federal district court erred in denying habeas relief without conducting its own evidentiary hearing on the issues of denial of counsel and coerced guilty plea.
• Dutton v. State
  504 So. 2d 435· Fla. 2d DCA· 1987-02-25 ·cited 8×
  A guilty plea induced by threats of harsher treatment upon insistence on the right to trial is not voluntary.
• Edmond Boris Shell v. State
  501 So. 2d 1332· Fla. 2d DCA· 1987-01-07 ·cited 8×
  A prisoner is considered in custody for purposes of a rule 3.850 motion if the conviction attacked was used to enhance a current sentence, even if the original sentence has been served.
• Runyon v. State
  460 So. 2d 494· Fla. 1st DCA· 1984-12-10 ·cited 8×
  The court held that the trial court properly denied the appellant's motion for post-conviction relief because the record refuted his claims of a coerced plea and ineffective assistance of counsel.
• Garrett v. Maggio
  685 F.2d 158· 5th Cir.· 1982-09-10 ·cited 8×
  The court held that a change in state law regarding sentence commutation did not render a guilty plea involuntary, and a claim of coerced plea was barred by an unreasonable delay in filing.
• Hooper v. State
  232 So. 2d 257· Fla. 2d DCA· 1970-02-27 ·cited 8×
  Ronald David Hooper appeals denial of his post-conviction relief motion challenging the voluntariness of his guilty plea to manslaughter. The appellate court affirmed the denial, finding the trial court's extensive colloquy with the defendant on the record clearly established his
• Rayfield Moore v. Louie L. Wainwright
  401 F.2d 525· 5th Cir.· 1968-10-11 ·cited 8×
  The court held that fear of the death penalty, when advised by counsel regarding the risks of trial for a capital offense, does not constitute coercion invalidating a guilty plea.
• Murphy v. Louie L. Wainwright
  372 F.2d 942· 5th Cir.· 1967-02-02 ·cited 8×
  The court held that the factual allegations regarding a coerced guilty plea warranted a plenary hearing.
• Barber v. Gladden
  327 F.2d 101· 9th Cir.· 1964-01-29 ·cited 8×
  The court held that the indictment was constitutionally sufficient and that the appellant's factual contentions regarding coercion, judicial bias, and improper sentencing influences were not supported by the evidence and were not clearly erroneous.
• ROE v. United States
  325 F.2d 556· 8th Cir.· 1963-12-16 ·cited 8×
  The court held that a hearing must be held to determine the appellant's mental competency at the time of his guilty plea, as personal observations and medical reports alone are insufficient when the issue is properly raised.
• Brown v. Smyth
  271 F.2d 227· 4th Cir.· 1959-10-19 ·cited 8×
  A guilty plea is not rendered involuntary by an attorney's advice that a not guilty plea could result in the death penalty, especially when the allegations are unsubstantiated.
• Bistram v. United States
  248 F.2d 343· 8th Cir.· 1957-10-16 ·cited 8×
  The court held that the trial court did not err in denying the appellant's motions for a writ of habeas corpus ad testificandum, a supplemental deposition, and a transcript for appeal, as these denials were within the court's discretion and the appeal was not taken in good faith.
• Thomas v. United States
  217 F.2d 494· 6th Cir.· 1954-12-20 ·cited 8×
  The court held that the appellant was entitled to notice of a hearing, an opportunity to present evidence on factual issues, and representation by counsel.
• Istvan J. Ersek v. State
  238 So. 2d 481· Fla. 3d DCA· 1970-08-04 ·cited 7×
  Istvan Ersek appealed the summary denial of his Rule 1.850 petition attacking his guilty plea to first-degree murder, claiming the plea was coerced or involuntary. The court affirmed the denial, finding the record demonstrated a voluntary plea entered after full consultation with
• Christiansen v. State
  993 So. 2d 173· Fla. 2d DCA· 2008-10-29 ·cited 6×
  John Christiansen appealed his felony battery conviction and sentence, challenging the trial court's denial of his post-sentencing motion to withdraw his guilty plea. The court affirmed the conviction and sentence but reversed the denial of the motion, holding that the trial cour
• Thedrice Lewis v. State
  812 So. 2d 597· Fla. 1st DCA· 2002-04-04 ·cited 6×