700 Florida cases classified under this topic, plus 130 listed through its narrower topics · sorted by citation count · browse and sort
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496 F.2d 691·
5th Cir.·
1974-06-24
·cited 12×
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488 F.2d 862·
5th Cir.·
1974-01-28
·cited 12×
The court held that the district court did not err in denying the petitioner's motion to set aside his guilty plea.
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454 F.2d 706·
10th Cir.·
1971-11-30
·cited 12×
The court held that a guilty plea must be set aside if the trial court fails to comply with Rule 11's requirement to establish a factual basis for the plea. For other defendants, the court held that jury instructions on inferences from possession were proper and evidence was suff
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428 F.2d 578·
2d Cir.·
1970-07-08
·cited 12×
The court held that the district court did not abuse its discretion in denying the defendant's motion to withdraw his guilty plea, and that the plea was accepted in compliance with Rule 11.
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425 F.2d 624·
4th Cir.·
1970-05-12
·cited 12×
The court held that the district court failed to comply with Rule 11 of the Federal Rules of Criminal Procedure when accepting the defendant's guilty plea, as it did not personally address the defendant to ascertain his understanding of the charge or ensure a factual basis for th
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413 F.2d 237·
7th Cir.·
1969-07-23
·cited 12×
The court held that the district court did not err in denying petitioner's motion to vacate his sentence without a hearing, as the record conclusively showed he was entitled to no relief.
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407 F.2d 843·
5th Cir.·
1969-02-21
·cited 12×
The court held that the trial court did not err in denying the motion to vacate the guilty plea, as the record showed the plea was voluntary and understandingly made.
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400 F.2d 860·
6th Cir.·
1968-08-22
·cited 12×
A guilty plea is not voluntary if the defendant is unaware of its consequences, requiring vacation of the sentence and plea.
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396 F.2d 699·
5th Cir.·
1968-06-25
·cited 12×
The court held that the government bore the burden of proving the appellant's competence due to the court's mistaken belief that he had not received narcotics.
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388 F.2d 453·
5th Cir.·
1968-01-24
·cited 12×
The court held that a sentence imposed under the Federal Youth Corrections Act is invalid if the defendant was not informed of the maximum possible sentence under that Act before pleading guilty, even if other concurrent sentences exist.
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386 F.2d 436·
3d Cir.·
1967-11-24
·cited 12×
The court held that a violation of Rule 11, without more, does not automatically require vacating a guilty plea if the plea was otherwise voluntary.
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368 F.2d 645·
3d Cir.·
1966-10-28
·cited 12×
The court held that the district court did not err in denying the motion to vacate the sentence without a hearing because the record conclusively showed the prisoner was entitled to no relief.
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363 F.2d 375·
4th Cir.·
1966-06-15
·cited 12×
The court held that the district judge did not abuse discretion in refusing to allow the defendant to withdraw his guilty plea.
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359 F.2d 69·
8th Cir.·
1966-04-11
·cited 12×
The court held that the appellant knowingly and intelligently waived his right to counsel, and the trial judge properly investigated the competency of this waiver.
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343 F.2d 25·
9th Cir.·
1965-03-08
·cited 12×
The court held that the district court properly accepted the guilty plea after ensuring the defendant understood the charges and entered the plea voluntarily.
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318 F.2d 406·
4th Cir.·
1963-06-03
·cited 12×
A defendant seeking to withdraw a guilty plea after sentencing must demonstrate manifest injustice, and claims of mental distress or coercion by a spouse, which were considered at sentencing, do not meet this standard.
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The court held that a defendant who procures a judgment against him to be set aside may be tried anew, and that a guilty plea is understandingly entered even if the court's explanation of the charge is imperfect, provided the indictment itself is clear.
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291 F.2d 856·
4th Cir.·
1961-06-12
·cited 12×
The court held that the district court erred in dismissing the petition without a hearing, as the allegations raised substantial questions regarding the voluntariness of the guilty plea and the right to counsel.
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235 F.2d 856·
D.C. Cir.·
1956-07-12
·cited 12×
The court held that the appellant failed to meet his burden of proving he did not waive his right to counsel at arraignment, despite the delay in challenging his conviction.
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982 F.2d 1411·
10th Cir.·
1992-12-08
·cited 11×
The court held that the admission of similar acts evidence was not plain error, that a stipulation to forfeiture did not require the procedural safeguards of a guilty plea under Rule 11, and that the district court did not commit plain error in valuing the stolen vehicle at the t
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976 F.2d 446·
8th Cir.·
1992-09-28
·cited 11×
The court held that a defendant seeking post-conviction relief for unappealed errors must demonstrate both cause for the procedural default and actual prejudice resulting from the alleged errors.
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The court held that the Coast Guard's search of the storage compartment was permissible under a safety inspection and that probable cause justified the subsequent search of the hidden compartment, thus not violating the Fourth Amendment.
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The court held that an Alford guilty plea, entered by a defendant protesting innocence, is invalid without strong evidence presented at the plea taking to substantiate guilt.
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625 F.2d 1175·
5th Cir.·
1980-09-15
·cited 11×
The court held that any error in failing to address the appellant personally regarding her admission of probation violation was harmless beyond a reasonable doubt.
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599 F.2d 946·
10th Cir.·
1979-06-12
·cited 11×
A mere technical violation of Rule 11, such as failing to fully advise a defendant of the maximum possible special parole term, does not warrant collateral relief under 28 U.S.C. § 2255 absent a showing of manifest injustice or exceptional circumstances.
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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.
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The court's announced standard for currency law violations is sufficiently close to the subjective standard in Cheek to avoid punishing those with an innocent state of mind.
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The court should have allowed withdrawal of the guilty plea because counsel's mistaken advice provided a 'fair and just reason' under Rule 32(d).
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954 F.2d 40·
2d Cir.·
1992-01-09
·cited 10×
The court held that a plea agreement allowing restitution beyond the specific counts of conviction is enforceable, especially after a statutory amendment clarified this authority.
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The court held that a defendant's perjury during a plea withdrawal hearing mandates a two-level enhancement for obstruction of justice under the Sentencing Guidelines, and that a district court has no discretion to deny this enhancement.
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945 F.2d 1108·
9th Cir.·
1991-09-26
·cited 10×
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917 F.2d 1521·
10th Cir.·
1990-11-07
·cited 10×
The court held that the district court's failure to explicitly advise the defendant of all specific rights associated with a jury trial, the potential for perjury prosecution, and the application of Sentencing Guidelines did not affect substantial rights and constituted harmless
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The court held that the district court's failure to attach required findings to the presentence report was a ministerial error that could be corrected by ordering the report amended, and that the prisoner's other claims lacked merit.
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The court held that the district court did not abuse its discretion in denying the defendant's motion to withdraw his guilty plea.
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A defendant must show a fair and just reason to withdraw a guilty plea before sentencing, and the mere absence of prejudice to the government is insufficient if no credible reason is proffered.
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773 F.2d 224·
8th Cir.·
1985-09-19
·cited 10×
A district court's denial of a motion to withdraw a guilty plea will be reversed only if the court abused its discretion, and factual findings will not be set aside unless clearly erroneous.
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717 F.2d 1·
1st Cir.·
1983-09-09
·cited 10×
The court held that the appellant's claims of ineffective assistance of counsel were without merit, as tactical decisions and weak arguments do not constitute constitutional violations.
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The court held that certain constitutional claims, like vagueness and prejudicial publicity, may be properly reserved under a conditional guilty plea, but claims regarding statutory presumptions and conspiracy liability (Pinkerton) require a factual record and cannot be abstractl
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The court held that the defendant did not knowingly and intelligently waive his right to counsel because the trial court's inquiry was perfunctory and lacked a penetrating discussion of the consequences.
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683 F.2d 248·
7th Cir.·
1982-07-23
·cited 10×
The court held that the district judge did not abuse his discretion in denying the defendant's motion to withdraw his guilty plea.
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650 F.2d 1·
1st Cir.·
1981-05-28
·cited 10×
A guilty plea is not rendered unintelligent by later application of revised parole guidelines, especially when the defendant's own actions, such as becoming a fugitive, render initial parole calculations irrelevant.
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637 F.2d 1194·
8th Cir.·
1981-01-21
·cited 10×
The court held that a district court has discretion to reject a plea agreement without stating reasons and that sufficient evidence supported the conspiracy conviction.
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638 F.2d 651·
3d Cir.·
1981-01-19
·cited 10×
The dissenting judge holds that the district court did not abuse its discretion in rejecting the defendant's guilty plea due to an insufficient factual basis and potential protestation of innocence.
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620 F.2d 557·
5th Cir.·
1980-07-03
·cited 10×
The court held that the district court's failure to inform the defendant of the specific requirements of Fed.R.Crim.P. 11(c)(5) regarding potential perjury for answers given after a guilty plea constituted reversible error.
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604 F.2d 411·
5th Cir.·
1979-10-12
·cited 10×
The court held that the district court did not err in denying the motion to vacate the sentence, as the plea proceedings, despite minor deviations from Rule 11, did not constitute a complete miscarriage of justice and the plea agreement was honored.
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592 F.2d 253·
5th Cir.·
1979-03-30
·cited 10×
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563 F.2d 1145·
4th Cir.·
1977-10-18
·cited 10×
A district court's refusal to consider a plea agreement's sentence recommendation does not vitiate a guilty plea entered knowingly and voluntarily.
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547 F.2d 95·
9th Cir.·
1976-12-03
·cited 10×
A trial judge may accept a guilty plea even if coupled with a protestation of innocence, provided there is a strong factual basis for the plea.
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533 F.2d 205·
5th Cir.·
1976-06-09
·cited 10×
The court held that the district court did not abuse its discretion in denying appellants' motions to withdraw their nolo contendere pleas after sentencing, as manifest injustice was not shown.
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533 F.2d 894·
4th Cir.·
1976-04-13
·cited 10×
The court, by majority, reversed the denial of a § 2255 motion, requiring an evidentiary hearing on the voluntariness of a guilty plea despite assurances given at arraignment.