Involuntary Plea

776 Florida cases classified under this topic, plus 506 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• Robinson v. State
  373 So. 2d 898· Fla.· 1979-07-26 ·cited 772×·via Voluntary And Intelligent Guilty Plea
  The Florida Supreme Court upheld a statute prohibiting direct appeals from guilty pleas, rejecting a defendant's constitutional challenge. The court held that while guilty pleas generally foreclose appellate review of pre-plea issues, defendants may appeal matters that occur cont
• Isley v. State
  652 So. 2d 409· Fla. 5th DCA· 1995-03-03 ·cited 528×
  The court held that the petitioner's claims were untimely, successive, and constituted an abuse of process, warranting a prohibition on further filings.
• Ashley v. State
  614 So. 2d 486· Fla.· 1993-02-25 ·cited 379×·via Voluntary And Intelligent Guilty Plea
  The Florida Supreme Court held that a defendant must receive written notice of intent to seek habitual offender enhancement prior to acceptance of a guilty or nolo contendere plea, and the trial court must confirm the defendant understands the possibility and consequences of habi
• State v. Leroux
  689 So. 2d 235· Fla.· 1996-12-19 ·cited 376×
  The Florida Supreme Court held that a defendant's negative response during a plea colloquy to whether promises were made does not conclusively refute a claim that counsel gave erroneous advice regarding gain time eligibility and time to be served. The Court approved the Fourth Di
• Amendments to the Florida Rules of Appellate Procedure
  685 So. 2d 773· Fla.· 1996-11-22 ·cited 284×·via Voluntary And Intelligent Guilty Plea
  The Florida Supreme Court approved amendments to the Florida Rules of Appellate Procedure in response to the legislature's Criminal Appeal Reform Act of 1996. The Court reconciled the procedural rules with statutory provisions regarding appeal preservation, sentencing errors, and
• Roan Peart v. State
  756 So. 2d 42· Fla.· 2000-04-13 ·cited 267×
  The Florida Supreme Court resolved conflicting district court decisions regarding postconviction relief for defendants who were not advised of deportation consequences when entering guilty pleas in violation of Florida Rule of Criminal Procedure 3.172(c)(8). The Court held that d
• Busby v. Holman
  356 F.2d 75· 5th Cir.· 1966-01-31 ·cited 195×·via Coerced Guilty Plea
  The court did not issue a holding as this is a dissenting opinion.
• Koenig v. State
  597 So. 2d 256· Fla.· 1992-02-27 ·cited 155×·via Voluntary And Intelligent Guilty Plea
  Kenneth Koenig appeals his death sentence and convictions for first-degree murder, armed burglary, and armed robbery following his no-contest plea. The Florida Supreme Court vacates all convictions and sentences and remands for a new plea hearing because the trial court failed to
• United States v. Barker
  514 F.2d 208· D.C. Cir.· 1975-02-25 ·cited 140×·via Coerced Guilty Plea
  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.
• Jones v. State
  421 So. 2d 55· Fla. 1st DCA· 1982-10-29 ·cited 130×
  Keith Leroy Jones appeals the summary denial of his motion for post-conviction relief, claiming ineffective assistance of counsel and an involuntary guilty plea due to mental incompetence. The court reverses and remands, finding the motion facially sufficient and requiring either
• Barker v. Norman
  651 F.2d 1107· 5th Cir.· 1981-07-30 ·cited 129×·via Coerced Guilty Plea
  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×·via Coerced Guilty Plea
• United States v. Frontero
  452 F.2d 406· 5th Cir.· 1971-11-30 ·cited 116×·via Voluntary And Intelligent Guilty Plea
  The court affirmed convictions for Frontero and Lagaña, but vacated Kelly's conviction due to a Rule 11 violation regarding informing him of the maximum sentence and remanded for Kelly to plead anew.
• United States v. Woodall
  438 F.2d 1317· 5th Cir.· 1970-05-18 ·cited 116×·via Voluntary And Intelligent Guilty Plea
  The dissenting judge would reverse the lower court's decision.
• State v. Partlow
  840 So. 2d 1040· Fla.· 2003-02-20 ·cited 115×
  The Florida Supreme Court held that the sexual offender registration requirement is a collateral consequence of a guilty plea, not a direct consequence, and therefore trial courts are not required to inform defendants of this requirement before accepting their plea. A defendant's
• United States v. Ignasio Maldenaldo Sanchez
  269 F.3d 1250· 11th Cir.· 2001-10-17 ·cited 114×·via Voluntary And Intelligent Guilty Plea
  The court affirmed the convictions and sentences of the Sanchezes. The concurring judges argued that no Apprendi error occurred because the sentences did not exceed the statutory maximum under 21 U.S.C. § 841(b)(1)(C). They also contended that the "Rogers error" did not apply bec
• State v. T.G.
  800 So. 2d 204· Fla.· 2001-10-25 ·cited 105×·via Voluntary And Intelligent Guilty Plea
  The Florida Supreme Court held that while the Robinson rule generally requires juveniles to file a motion to withdraw a plea before appealing its voluntariness, a narrow exception applies when a trial court fails to comply with Rule of Juvenile Procedure 8.165's requirements for
• VAN Bever v. State
  405 So. 2d 474· Fla. 5th DCA· 1981-10-28 ·cited 98×
  Van Bever appealed the trial court's summary denial of his motion to set aside his guilty plea and sentence without an evidentiary hearing or record attachment. The appellate court held that when a motion alleges prima facie grounds for relief, the trial court must either attach
• Thompson v. Louie L. Wainwright
  714 F.2d 1495· 11th Cir.· 1983-09-06 ·cited 93×
  A federal court may grant a continuance of a habeas petition to allow a petitioner to exhaust unraised claims in state court, and a state attorney general can waive the exhaustion requirement for federal habeas corpus.
• United States ex rel. John McGRATH v. LaVALLEE
  319 F.2d 308· 2d Cir.· 1963-06-12 ·cited 91×·via Coerced Guilty Plea
  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
• Roan Peart v. State
  705 So. 2d 1059· Fla. 3d DCA· 1998-02-18 ·cited 90×
  The Florida Third District Court of Appeal consolidated five appeals involving defendants who sought to overturn guilty pleas based on trial courts' failure to advise them of deportation consequences under Florida Rule of Criminal Procedure 3.172(c)(8). The court held that coram
• State v. T.M.B.
  716 So. 2d 269· Fla.· 1998-04-02 ·cited 89×
  The Florida Supreme Court held that section 924.051(4) of the Florida Statutes, which restricts appeals after guilty or nolo contendere pleas in criminal cases, does not apply to juvenile delinquency proceedings. The Court rejected the state's argument based on a prior decision,
• Shelton v. United States
  242 F.2d 101· 5th Cir.· 1957-02-27 ·cited 88×
  A guilty plea, entered with full knowledge of consequences and without improper pressure or misrepresentation, is not subject to impeachment merely because it was induced by a prosecutor's recommendation of leniency that was kept.
• Richardson v. State
  918 So. 2d 999· Fla. 5th DCA· 2006-01-20 ·cited 82×
  Roosevelt Richardson filed a habeas corpus petition challenging his conviction based on alleged mental incompetence to stand trial. The Fifth District Court of Appeal affirmed the trial court's dismissal, holding that habeas corpus petitions raising issues cognizable under Florid
• Dameion Harriel v. State
  710 So. 2d 102· Fla. 4th DCA· 1998-04-15 ·cited 74×
  The court establishes a procedure for dismissing appeals from guilty plea convictions when no preserved issues remain for appellate review. The decision clarifies that while defendants have a constitutional right to appeal, that right is limited to four Robinson issues, and appea
• Mason v. Balcom
  531 F.2d 717· 5th Cir.· 1976-05-13 ·cited 71×·via Voluntary And Intelligent Guilty Plea
  The court affirmed the district court's judgment, finding that the petitioner's representation was perfunctory and thus ineffective.
• Cuthrell v. Dir., Patuxent Inst.
  475 F.2d 1364· 4th Cir.· 1973-04-06 ·cited 70×
  The Court held that the failure to advise a defendant of the possibility of commitment to Patuxent Institution for evaluation and treatment under the Maryland Defective Delinquent Act does not render a guilty plea involuntary, as such a consequence is collateral, not direct.
• Smith v. United States
  324 F.2d 436· D.C. Cir.· 1963-10-10 ·cited 68×·via Voluntary And Intelligent Guilty Plea
  Leave to withdraw a guilty plea was properly denied because the defendant was not prejudiced by any mistaken belief about parole eligibility.
• Cooper v. Holman
  356 F.2d 82· 5th Cir.· 1966-01-31 ·cited 66×·via Voluntary And Intelligent Guilty Plea
  The court held that the record was inadequate to show that the defendant's guilty plea was voluntary, given the illegal confession and plea bargain.
• Stansel v. State
  825 So. 2d 1007· Fla. 2d DCA· 2002-08-28 ·cited 64×
  Ronald Stansel challenged the denial of his postconviction relief motion, arguing his plea was involuntary due to trial counsel's misadvisement regarding future sentence-enhancing consequences. The court affirmed the denial but certified a question of great public importance abou
• United States v. Journet
  544 F.2d 633· 2d Cir.· 1976-11-01 ·cited 64×·via Voluntary And Intelligent Guilty Plea
  A guilty plea must be vacated if the district judge fails to explicitly inform the defendant of every element enumerated in Rule 11, F.R.Cr.P.
• Polite v. Diehl
  507 F.2d 119· 3d Cir.· 1974-12-31 ·cited 64×·via Coerced Guilty Plea
  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.
• United States v. Duvalier Antonio Davis
  900 F.2d 1524· 10th Cir.· 1990-04-16 ·cited 62×·via Voluntary And Intelligent Guilty Plea
  The court held that a trial court's refusal to approve a Rule 11(a)(2) plea, based on a stated reason, is subject to appellate review.
• Castro v. United States
  396 F.2d 345· 9th Cir.· 1968-05-28 ·cited 62×·via Voluntary And Intelligent Guilty Plea
  The court held that the district court erred in denying a hearing on Castro's § 2255 application without considering the allegations of counsel's misadvice regarding the consequences of a guilty plea.
• Gust v. State
  535 So. 2d 642· Fla. 1st DCA· 1988-12-15 ·cited 61×·via Coerced Guilty Plea
  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
• Forrest v. State
  988 So. 2d 38· Fla. 4th DCA· 2008-07-09 ·cited 60×
  Forrest appeals the summary denial of his Rule 3.850 motion challenging the voluntariness of his 1991 guilty plea based on the trial court's failure to advise him of potential deportation consequences. The court reverses and remands, holding that the trial court must provide Forr
• Smith v. State
  784 So. 2d 460· Fla. 4th DCA· 2000-12-20 ·cited 60×
  Charles E. Smith appeals the summary denial of his post-conviction motion alleging ineffective assistance of counsel in connection with a guilty plea entered in 1994. The court reversed, holding that Smith's motion was timely under the extended filing period established in Wood v
• Kress v. United States
  411 F.2d 16· 8th Cir.· 1969-05-29 ·cited 60×·via Voluntary And Intelligent Guilty Plea
  A guilty plea is valid if voluntarily and intelligently made, with understanding of the charges and consequences, and a factual basis, even if the defendant later expresses dissatisfaction with jail conditions or claims ineffective counsel.
• Hicks v. State
  915 So. 2d 740· Fla. 5th DCA· 2005-12-09 ·cited 59×·via Voluntary And Intelligent Guilty Plea
  Mario Jerome Hicks appealed his no contest pleas to three felonies, claiming the trial court erred by failing to hold a competency hearing before accepting his plea. The appellate court dismissed the appeal for lack of jurisdiction because Hicks failed to file a timely motion to
• Clement Lemmon Edwards v. State
  393 So. 2d 597· Fla. 3d DCA· 1981-01-21 ·cited 59×
  Defense counsel has a duty to advise a non-citizen client of the collateral consequence of deportation before a guilty plea is entered, and failure to provide such advice may constitute ineffective assistance of counsel warranting vacation of the conviction, even though trial cou
• Tillman v. State
  522 So. 2d 14· Fla.· 1988-03-10 ·cited 58×
  Gary Tillman was convicted of first-degree murder and sentenced to death after pleading guilty pursuant to a plea agreement. The Florida Supreme Court affirmed the conviction but vacated the death sentence and remanded for a new sentencing hearing before a new judge and jury due
• State v. Harris
  881 So. 2d 1079· Fla.· 2004-05-13 ·cited 56×
  The Florida Supreme Court held that the State does not violate a plea agreement for prison time followed by probation when it later initiates civil commitment proceedings under the Jimmy Ryce Act, because such civil commitment is a separate civil matter based on current mental st
• Roddy v. Black
  516 F.2d 1380· 6th Cir.· 1975-05-27 ·cited 56×·via Voluntary And Intelligent Guilty Plea
  A state court's acceptance of a guilty plea is not constitutionally invalid for failing to establish a factual basis for the plea, nor for failing to explicitly advise the defendant of the maximum sentence, if the plea was otherwise voluntary and intelligent.
• State v. Adams
  342 So. 2d 818· Fla.· 1977-02-10 ·cited 55×·via Voluntary And Intelligent Guilty Plea
  A trial judge is not bound by a prosecutor's sentencing recommendation made during plea bargaining, even if the defendant is unaware the judge can reject it.
• Birl v. Estelle
  660 F.2d 592· 5th Cir.· 1981-11-05 ·cited 54×·via Coerced Guilty Plea
  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.
• United States v. Florencio Sepe
  474 F.2d 784· 5th Cir.· 1973-01-04 ·cited 54×·via Voluntary And Intelligent Guilty Plea
• Watts v. United States
  278 F.2d 247· D.C. Cir.· 1960-03-31 ·cited 53×·via Voluntary And Intelligent Guilty Plea
  A guilty plea induced by confronting the defendant with a confederate's inadmissible confession is not rendered involuntary or subject to collateral attack under 28 U.S.C. § 2255 if the plea itself was entered competently and intelligently.
• Burns v. State
  884 So. 2d 1010· Fla. 4th DCA· 2004-10-06 ·cited 52×
  Clifford Burns appeals his no-contest plea to robbery and aggravated assault, arguing the trial court committed fundamental error by failing to hold a competency hearing before accepting his plea. The Fourth District affirmed, holding that while a defendant has a due process righ
• Watrous v. State
  793 So. 2d 6· Fla. 2d DCA· 2001-03-07 ·cited 52×
  Donald Watrous appealed the denial of his postconviction motion challenging his guilty plea, claiming his counsel was ineffective for failing to advise him of possible civil commitment under Florida's sexually violent predator statute and for affirmatively misrepresenting when he
• Tolar v. State
  196 So. 2d 1· Fla. 4th DCA· 1967-03-07 ·cited 52×·via Coerced Guilty Plea
  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