Coerced Guilty Plea

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

• Soto v. State
  86 So. 3d 564· Fla. 2d DCA· 2012-04-20
  Fernando Soto appeals a summary denial of his Rule 3.850 postconviction motion. The court affirms the denial of most claims but reverses and remands regarding his allegation that trial counsel coerced him to plead by threatening to withdraw, finding the transcript pages attached
• Gaedtke v. McNeil
  612 F. Supp. 2d 1209· M.D. Fla.· 2009-03-25
  The court held that while petitioner's counsel's performance was deficient, it did not prejudice the outcome, thus denying habeas relief.
• Reyna v. State
  969 So. 2d 1100· Fla. 5th DCA· 2007-11-02
  The court held that a motion for post-conviction relief cannot be summarily denied without attaching relevant records, and an evidentiary hearing is required for claims of coerced plea absent such records.
• Knauff v. State
  941 So. 2d 1242· Fla. 5th DCA· 2006-11-17
  The court held that allegations of an involuntary plea coerced by counsel's threats are facially sufficient and require either record attachment or an evidentiary hearing.
• Caples v. State
  863 So. 2d 1261· Fla. 5th DCA· 2004-01-09
  Gary Caples appealed the trial court's denial of his motion to withdraw a guilty plea, arguing the plea was void due to a material mistake of law, was coerced, and was involuntary due to inadequate advisement about post-incarceration supervision. The appellate court affirmed the
• Itturaldes v. State
  816 So. 2d 696· Fla. 5th DCA· 2002-04-12
  Juan Itturaldes appealed the summary denial of his Rule 3.850 post-conviction motion for ineffective assistance of counsel, raising six claims across six different criminal cases. The appellate court affirmed the denial, finding all claims either meritless or procedurally barred.
• Stelmaszek v. State
  802 So. 2d 475· Fla. 2d DCA· 2001-12-21
  The court held that the trial court's attachments did not conclusively refute the defendant's claim that he was coerced into a guilty plea by the denial of his right to call witnesses.
• Hudson v. State
  680 So. 2d 604· Fla. 1st DCA· 1996-09-30
  John Randall Hudson appealed the denial of his Rule 3.850 post-conviction relief motion, challenging his guilty plea to second-degree murder. The court affirmed the denial of most grounds but reversed on the claim that defense counsel coerced him into a plea lacking a factual bas
• Osborn v. Shillinger
  997 F.2d 1324· 10th Cir.· 1993-07-08
  The court held that the petitioner's guilty plea was voluntary and not coerced, and that the sentences imposed were not vindictive, thus affirming the district court's dismissal of the habeas corpus petition.
• United States v. DeBUSK
  976 F.2d 300· 6th Cir.· 1992-09-29
  A defendant's misunderstanding based on his lawyer's incorrect advice, despite the judge's clear warnings about sentencing discretion and plea withdrawal, does not entitle him to withdraw his guilty plea.
• Cunningham v. State
  600 So. 2d 52· Fla. 4th DCA· 1992-07-01
• Thomas v. United States
  951 F.2d 902· 8th Cir.· 1991-12-17
  The court held that the district court did not err in denying the defendant's § 2255 motion without an evidentiary hearing, as the claims raised lacked merit.
• Talbert v. State
  588 So. 2d 308· Fla. 1st DCA· 1991-11-04
  Appellant Talbert appealed denial of post-conviction relief challenging his habitual felony offender sentence, alleging he had only one prior conviction and his plea was coerced. The court affirmed the denial while permitting Talbert to file a 3.800(a) motion, finding that habitu
• Thompson v. State
  570 So. 2d 1098· Fla. 2d DCA· 1990-12-05
  Anthony Thompson appealed the summary denial of his Rule 3.850 postconviction relief motion, alleging his guilty plea to second-degree murder was coerced based on representations from his counsel about the judge's threats. The court reversed the summary denial and remanded for pr
• Frazier v. Wilkinson
  842 F.2d 42· 2d Cir.· 1988-03-21
  A federal prisoner may challenge a consecutive state sentence via habeas corpus even without a detainer, if enforcement is reasonably apprehended, but the petition was correctly dismissed on the merits.
• Williams v. State
  490 So. 2d 1034· Fla. 2d DCA· 1986-06-25
  The court held that the trial court correctly denied the defendant's post-conviction relief motions as untimely and facially insufficient.
• Posey v. State
  447 So. 2d 394· Fla. 1st DCA· 1984-03-19
• Slattery v. State
  433 So. 2d 615· Fla. 3d DCA· 1983-06-21
• Bonner v. Wyrick
  650 F.2d 150· 8th Cir.· 1981-06-03
  A guilty plea is not rendered invalid simply because it was motivated by the defendant's desire to avoid a potentially greater sentence after trial.
• Waite v. United States
  601 F.2d 259· 6th Cir.· 1979-07-18
  The court held that a defendant's guilty plea is not unconstitutionally coerced by the state judge's implied threat of a harsher state sentence if the defendant does not plead guilty in federal court.
• United States v. Everette Howard Hunt
  514 F.2d 270· D.C. Cir.· 1975-02-25
• Sawyer v. State
  292 So. 2d 623· Fla. 3d DCA· 1974-03-26
  A defendant who voluntarily pleads guilty cannot later claim coercion based on alleged perjured grand jury testimony known to the defendant at the time of the plea.
• Deaton v. United States
  480 F.2d 1015· 8th Cir.· 1973-06-29
  The court held that a petitioner's word is insufficient to require extraordinary relief of coram nobis after a 21-year lapse and absence of protest, especially when the record negates allegations of coercion.
• Schoultz v. Warden Carl Hocker
  478 F.2d 842· 9th Cir.· 1973-04-25
  The court held that the California District Court should reconsider the petition in light of subsequent proceedings and the State of California's lack of interest in the conviction.
• Jenkins v. United States
  466 F.2d 520· 8th Cir.· 1972-09-20
  The court held that a hearing is not required when the files and records conclusively show the prisoner is entitled to no relief.
• Ferguson v. COX
  464 F.2d 461· 4th Cir.· 1972-07-26
  The court held that the petitioner had not exhausted state remedies for all claims, and that state remedies remained available to him, thus affirming the district court's dismissal.
• Lathon v. United States
  463 F.2d 777· 5th Cir.· 1972-07-13
  The court held that the defendant's guilty plea was voluntary and not induced by promises of probation or a suspended sentence.
• Brewster v. State
  261 So. 2d 552· Fla. 2d DCA· 1972-05-03
  Brewster appealed the summary denial of his motion to vacate a guilty plea conviction for armed robbery, claiming ineffective assistance of counsel, witness perjury, and coerced guilty plea. The Florida appellate court affirmed the denial, finding all grounds patently insufficien
• Floyd v. State
  260 So. 2d 531· Fla. 3d DCA· 1972-04-18
  Florida appellate court affirmed denial of post-conviction relief where defendant failed to establish that his guilty plea was coerced by police beatings or prosecution promises regarding sentencing.
• O'Connell v. United States
  455 F.2d 521· 5th Cir.· 1972-03-14
• Evans v. State
  258 So. 2d 488· Fla. 3d DCA· 1972-02-29
  The court held that the appellant was not entitled to an evidentiary hearing on his motion for post-conviction relief and that the appeal lacked reversible error.
• Robinson v. Beto
  453 F.2d 384· 5th Cir.· 1972-01-07
  The court held that the district court did not err in denying the petition for a writ of habeas corpus.
• Brown v. United States
  454 F.2d 1169· 5th Cir.· 1971-12-08
  The judgment appealed from is affirmed.
• Tucker v. Beto
  451 F.2d 567· 5th Cir.· 1971-12-02
  The court held that a state prisoner's petition for habeas corpus relief based on ineffective counsel and a coerced guilty plea must be denied when the prisoner fails to refute conflicting evidence regarding his alleged alibi.
• Griswold v. Eyman
  452 F.2d 923· 9th Cir.· 1971-11-30
  The court held that the district court did not err in denying the petition for a writ of habeas corpus, as the state court's findings regarding the understanding and voluntariness of the guilty plea were supported by the record.
• United States ex rel. William Stewart v. Pate
  443 F.2d 326· 7th Cir.· 1971-05-13
  The court held that the district court did not err in finding that the petitioner was properly admonished of the mandatory consecutive nature of his sentence, despite potential ambiguities in the common law record.
• Levard Pernell Flimming v. State
  242 So. 2d 797· Fla. 3d DCA· 1971-01-12
  The court held that no reversible error was demonstrated in the denial of the motion to vacate the conviction and sentence.
• Harper v. State
  241 So. 2d 712· Fla. 1st DCA· 1970-12-08
• Adkins v. United States
  421 F.2d 692· 6th Cir.· 1970-02-13
  The court held that the appellant's motion and affidavits were too conclusory to require an evidentiary hearing, and the record conclusively showed no entitlement to relief.
• Moore v. State
  216 So. 2d 766· Fla. 2d DCA· 1968-12-11
  Appellant Moore was charged with grand larceny, resisting arrest, and escape. He pleaded guilty to all three counts after his public defender promised to recommend probation. On appeal, Moore argued he was coerced into the guilty plea, but the trial court properly denied his moti
• Barnes v. State
  402 F.2d 63· 5th Cir.· 1968-10-15
  The court held that the appellant's allegations of a coerced guilty plea and ineffective assistance of counsel were sufficient to warrant a hearing.
• Maze v. United States
  400 F.2d 335· 5th Cir.· 1968-09-23
  The court held that the trial court's findings of fact were not clearly erroneous and affirmed the denial of the motion to vacate the sentence.
• Prock v. State
  214 So. 2d 70· Fla. 2d DCA· 1968-09-20
  The appellate court affirmed the denial of the motion to vacate the judgment, finding no evidence of coercion or inadequate counsel.
• Henderson v. Dutton
  397 F.2d 375· 5th Cir.· 1968-06-24
  The court held that the appellant had not exhausted available state remedies under the new Georgia Habeas Corpus Act of 1967, requiring further evidentiary hearings in state court.
• Ervin v. State
  200 So. 2d 825· Fla. 2d DCA· 1967-06-28
  The appellate court affirmed the trial court's refusal to vacate a guilty plea and sentence. The defendant claimed his plea was coerced, but the court found no merit in his allegations after reviewing the record.
• Guster Salton v. Beto
  380 F.2d 25· 5th Cir.· 1967-06-26
  The court held that a guilty plea is not unconstitutionally coerced when the prosecutor offers to reduce charges and recommend concurrent sentences, even if the defendant fears a harsher sentence.
• Tshaka Zekelkeyzula v. Patterson
  373 F.2d 522· 10th Cir.· 1967-03-01
  A habeas corpus petition alleging a coerced guilty plea based on a subjective belief in a plea deal, even if no actual deal existed, is sufficient to warrant an evidentiary hearing.
• Resor v. Rodriguez
  373 F.2d 20· 10th Cir.· 1967-02-13
  The court held that the arraignment record was properly admitted and showed a knowing and voluntary guilty plea, despite claims of coercion and procedural defects.
• Wright v. State
  189 So. 2d 372· Fla. 1st DCA· 1966-08-18
  The court held that the trial court did not err in denying the motion to vacate the sentence without a hearing because the motion, files, and records conclusively showed the prisoner was entitled to no relief.
• Application of John Thomas Glazewski for a Writ of Habeas Corpus. John Thomas Glazewski
  361 F.2d 971· 3d Cir.· 1966-06-09
  The District Court did not err in denying the petition for a writ of habeas corpus.