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846 F.2d 669·
11th Cir.·
1988-06-07
·cited 6×
The court held that the district court erred in limiting the scope of the remand to only laches and early parole, and that the plea discrepancy issue was not properly adjudicated below.
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476 So. 2d 321·
Fla. 2d DCA·
1985-10-11
·cited 6×
The State appeals a circuit court's grant of post-conviction relief under Rule 3.850. The appellate court reverses, holding that the defendant's grounds for relief—insufficient inquiry into his request to discharge court-appointed counsel and alleged coercion of his guilty plea—w
-
693 F.2d 382·
5th Cir.·
1982-11-24
·cited 6×
The court held that the district court did not err in denying the defendant's motion to withdraw his guilty plea, as the plea was voluntary and the denial was within the court's discretion.
-
548 F.2d 617·
5th Cir.·
1977-03-14
·cited 6×
The court held that the district court did not err in denying the habeas corpus petition, as the petitioner's claims regarding insanity, coercion, and ineffective assistance of counsel were without merit.
-
508 F.2d 951·
6th Cir.·
1975-01-10
·cited 6×
The court held that a guilty plea waives independent claims of prior constitutional rights violations and that the appellant failed to prove his attorney's advice was outside the range of competence.
-
468 F.2d 440·
5th Cir.·
1972-10-18
·cited 6×
The court held that the trial judge's remarks, which threatened a perjury conviction if the defendant went to trial and testified consistently with prior statements, improperly coerced the defendant's guilty plea.
-
456 F.2d 245·
6th Cir.·
1972-03-16
·cited 6×
The federal court held that the petition for writ of habeas corpus presented factual issues requiring an evidentiary hearing.
-
245 So. 2d 680·
Fla. 4th DCA·
1971-02-26
·cited 6×
A juvenile defendant challenges his guilty plea to rape, alleging it was involuntary and coerced. The trial court denied his Rule 1.850 motion for post-conviction relief without a hearing. The appellate court reversed, finding the defendant's allegations of an involuntary plea wa
-
239 So. 2d 872·
Fla. 2d DCA·
1970-10-07
·cited 6×
James O'Fallon appealed the denial of post-conviction relief following his guilty plea to second degree murder. The appellate court affirmed the trial court's denial of his motion, finding his allegations of coerced plea and ineffective counsel were conclusory and unsupported by
-
432 F.2d 1194·
7th Cir.·
1970-09-11
·cited 6×
The court held that the petitioner is entitled to a full evidentiary hearing on his motion to vacate sentence because the record does not conclusively show his guilty plea was voluntarily and knowingly made.
-
422 F.2d 49·
3d Cir.·
1970-02-27
·cited 6×
The court held that the relator's guilty plea was voluntary and that he was not denied his constitutional rights regarding the death penalty or the right to appeal.
-
420 F.2d 963·
5th Cir.·
1970-01-27
·cited 6×
The court held that the district court did not err in denying the motion to vacate sentence, as the appellant's claims of a coerced plea and excessive sentence were unsupported by the record.
-
228 So. 2d 105·
Fla. 3d DCA·
1969-11-18
·cited 6×
The appellate court affirmed the trial court's denial of a motion to vacate a guilty plea for first-degree murder. The court found the plea was voluntary despite the defendant's claim of maternal coercion, as the trial court had thoroughly questioned him about its voluntariness.
-
415 F.2d 278·
9th Cir.·
1969-08-14
·cited 6×
The court held that the district court erred in denying the habeas application based on prior proceedings because those proceedings lacked an evidentiary hearing on the merits. The court also noted a substantial new issue regarding denial of counsel that could warrant relief.
-
414 F.2d 424·
9th Cir.·
1969-07-11
·cited 6×
The court held that the petitioner's allegations of coercion and inadequate counsel were insufficient to warrant an evidentiary hearing on his habeas corpus petition.
-
216 So. 2d 497·
Fla. 2d DCA·
1968-12-11
·cited 6×
The appellate court affirmed the denial of a motion to vacate a guilty plea, finding that the defendant was adequately informed of the consequences of his plea and was not coerced.
-
396 F.2d 788·
9th Cir.·
1968-06-12
·cited 6×
The court held that the complaint, seeking to invalidate a state conviction and restrain incarceration, should have been treated as a petition for a writ of habeas corpus, not a civil rights action.
-
381 F.2d 715·
9th Cir.·
1967-07-31
·cited 6×
The court held that the district court properly denied the § 2255 petition without a hearing because the record conclusively showed the prisoner was entitled to no relief.
-
191 So. 2d 587·
Fla. 3d DCA·
1966-11-08
·cited 6×
This case involves an appeal from the summary denial of a motion for post-conviction relief. The appellate court affirmed the lower court's decision, finding that the appellant's claims of illegal arrest, search and seizure, denial of counsel, and coerced guilty plea were either
-
186 So. 2d 279·
Fla. 1st DCA·
1966-05-10
·cited 6×
Williams, who pleaded guilty to breaking and entering with intent to commit rape after allegedly being beaten by detectives and threatened by police that he would face the electric chair unless he cooperated, sought post-conviction relief. The court reversed the trial court's den
-
350 F.2d 945·
6th Cir.·
1965-09-15
·cited 6×
The court held that a federal prisoner's general and conclusional allegations of attorney misconduct are insufficient to warrant a hearing on a motion to vacate a guilty plea.
-
349 F.2d 530·
10th Cir.·
1965-07-16
·cited 6×
The court held that the defendant's guilty pleas were not coerced and he was not denied his constitutional rights, including the right to counsel.
-
256 F.2d 617·
9th Cir.·
1958-05-20
·cited 6×
The court held that the denial of the writ of habeas corpus was proper, affirming the lower court's decision.
-
837 So. 2d 1125·
Fla. 4th DCA·
2003-02-19
·cited 5×
-
416 So. 2d 53·
Fla. 4th DCA·
1982-07-07
·cited 5×
Appellant Cookish appealed the denial of his post-conviction Rule 3.850 motion alleging coerced plea. The trial court twice denied the motion without an evidentiary hearing and without properly supplementing the record, leading the appellate court to reverse and remand for compli
-
249 So. 2d 505·
Fla. 2d DCA·
1971-06-18
·cited 5×
Henry West appeals the denial of his post-conviction motion to vacate his guilty plea to robbery and larceny, claiming he was coerced by his public defender. The appellate court affirmed the denial, holding that West's motion was insufficient on its face as it alleged only conclu
-
219 So. 2d 456·
Fla. 1st DCA·
1969-03-04
·cited 5×
Robert Lee Robertson appeals a trial court's denial of his motion to vacate his guilty plea to armed robbery and his fifteen-year sentence. Robertson claimed his guilty plea was involuntary due to false prosecution promises of leniency and that he was denied his right to a direct
-
399 F.2d 596·
9th Cir.·
1968-07-19
·cited 5×
The court held that the district court properly denied the petition for a writ of habeas corpus, affirming the denial.
-
208 So. 2d 307·
Fla. 2d DCA·
1968-03-20
·cited 5×
Lester Hand appealed a second motion to vacate his guilty plea conviction for second-degree murder, claiming coercion by police. The court affirmed the denial of his motion, finding that Hand failed to allege that his guilty plea itself was coerced and that his references to alle
-
187 So. 2d 363·
Fla. 3d DCA·
1966-06-07
·cited 5×
The court held that the trial judge did not err in denying the second petition for relief.
-
840 So. 2d 352·
Fla. 5th DCA·
2003-02-28
·cited 4×
Christopher Hawn appealed the summary denial of his second Rule 3.800(a) motion seeking to correct his 1988 conviction for burglary and sexual battery. The court affirmed the denial, finding Hawn's claims were successive, already rejected on the merits in prior proceedings, and p
-
582 So. 2d 81·
Fla. 1st DCA·
1991-06-19
·cited 4×
Chantay Cobb appealed the summary denial of her Rule 3.850 postconviction motion seeking to withdraw a guilty plea based on ineffective assistance of counsel and involuntariness. The appellate court reversed and remanded, holding that Cobb established a prima facie case for relie
-
747 F.2d 1089·
6th Cir.·
1984-11-09
·cited 4×
The court held that the petitioner's allegations were not so incredible as to warrant summary dismissal and that an evidentiary hearing was required.
-
451 So. 2d 1043·
Fla. 1st DCA·
1984-06-26
·cited 4×
Florida appellate court reversed summary denial of post-conviction relief motion where defendant alleged his nolo contendere plea was coerced by his public defender and entered without adequate explanation or effective assistance of counsel.
-
355 So. 2d 497·
Fla. 1st DCA·
1978-03-01
·cited 4×
Appellant challenges guilty plea convictions for three counts of petit larceny, alleging his court-appointed attorney coerced him into pleading guilty by misrepresenting that sentences would run concurrently with an unrelated sentence. The appellate court remanded for the trial c
-
495 F.2d 1248·
5th Cir.·
1974-06-12
·cited 4×
The court held that the district court erred in denying the habeas corpus petition without a full inquiry into the circumstances surrounding the guilty pleas.
-
277 So. 2d 294·
Fla. 4th DCA·
1973-05-10
·cited 4×
The court held that the trial court's thorough examination before accepting the guilty plea conclusively showed the appellant was not entitled to post-conviction relief.
-
444 F.2d 648·
8th Cir.·
1971-06-30
·cited 4×
The federal court did not err in dismissing a habeas corpus petition without an evidentiary hearing, as the state courts had fully and fairly litigated the constitutional issues.
-
442 F.2d 302·
9th Cir.·
1971-05-10
·cited 4×
The court held that the appellant's guilty plea was knowing and intelligent, and that the state trial judge's colloquy was sufficient under the law at the time.
-
438 F.2d 635·
9th Cir.·
1971-02-03
·cited 4×
The court held that the appellant's guilty pleas were validly entered and that his claims of Rule 11 non-compliance and coercion by counsel were without merit.
-
434 F.2d 240·
5th Cir.·
1970-11-04
·cited 4×
The court held that a guilty plea is not invalid solely because it resulted from plea bargaining, and the state court's findings were supported by ample basis.
-
424 F.2d 1035·
5th Cir.·
1970-04-24
·cited 4×
The court held that the district court's denial of habeas corpus relief was based on an inadequate factual basis and remanded for further proceedings.
-
423 F.2d 688·
9th Cir.·
1970-03-18
·cited 4×
The court affirmed the denial of the motion, finding the trial court's competency determination not clearly erroneous and other claims lacking merit or specificity.
-
418 F.2d 560·
5th Cir.·
1969-10-30
·cited 4×
A guilty plea induced by threats is invalid and does not waive non-jurisdictional defenses.
-
409 F.2d 499·
5th Cir.·
1969-03-28
·cited 4×
The court held that a motion to vacate a conviction under 28 U.S.C. § 2255 requires an evidentiary hearing when the allegations of coercion are not conclusively refuted by the files and records.
-
407 F.2d 1102·
4th Cir.·
1969-03-06
·cited 4×
A district judge's failure to adequately inquire into the voluntariness of a guilty plea and inform the defendant of potential penalties constitutes a violation of Rule 11, requiring remand for a hearing.
-
404 F.2d 456·
4th Cir.·
1968-11-22
·cited 4×
A defendant's subjective belief of systemic racial discrimination is insufficient to invalidate a guilty plea without objective evidence supporting that belief.
-
389 F.2d 55·
8th Cir.·
1968-02-05
·cited 4×
A federal court must grant an evidentiary hearing on a habeas corpus petition if the merits of the factual dispute were not resolved in the state hearing.
-
203 So. 2d 46·
Fla. 2d DCA·
1967-10-13
·cited 4×
Rudolph Tillman appeals the denial of his Rule 1 motion to vacate his guilty plea and seven-year prison sentence, claiming he was coerced into pleading guilty by the State Attorney. The appellate court reversed, holding that allegations of coercion, if true, constitute a constitu
-
192 So. 2d 500·
Fla. 4th DCA·
1966-12-07
·cited 4×
Daniel Nolan appealed the denial of his post-conviction relief petition, alleging his guilty plea was coerced through police threats and promises. The court reversed, holding that Nolan's allegations of coercion raised a factual issue requiring a hearing, despite the trial court'