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

• United States v. Ready
  460 F.2d 1238· 4th Cir.· 1972-05-15 ·cited 8×·via Voluntary And Intelligent Guilty Plea
  A defendant's guilty plea is valid even if the court does not explicitly inform them of the right to confront accusers, as this right is implicitly waived by pleading guilty.
• United States ex rel. John Martinez v. Mancusi
  455 F.2d 705· 2d Cir.· 1972-01-26 ·cited 8×
  The court held that the defendant's guilty plea was involuntary due to coercion, misunderstanding, and confusion, violating his due process rights.
• Dixon v. State
  252 So. 2d 594· Fla. 3d DCA· 1971-09-28 ·cited 8×
  Dixon appeals the trial court's summary denial of his Rule 1.850 motion to vacate his guilty plea to first-degree murder, claiming he was under the influence of drugs when he pleaded guilty. The appellate court affirmed the denial, finding no factual basis in the record to suppor
• Oaks v. Louie L. Wainwright
  445 F.2d 1062· 5th Cir.· 1971-06-25 ·cited 8×·via Voluntary And Intelligent Guilty Plea
  A guilty plea is valid even if equivocal, provided it is knowingly and voluntarily entered and supported by independent corroborating evidence of guilt.
• Arbuckle v. Turner
  440 F.2d 586· 10th Cir.· 1971-04-08 ·cited 8×·via Voluntary And Intelligent Guilty Plea
  The court held that the appellant's guilty plea was valid, as it was entered voluntarily and intelligently, and the trial court's findings were supported by the record.
• Jackson v. COX
  435 F.2d 1089· 4th Cir.· 1970-12-30 ·cited 8×·via Voluntary And Intelligent Guilty Plea
  A guilty plea is voluntary and intelligent if counsel's advice was within the range of competence demanded of attorneys in criminal cases, even if the defendant pleaded guilty due to a prior coerced confession.
• White v. Gaffney
  435 F.2d 1241· 10th Cir.· 1970-12-28 ·cited 8×
  A guilty plea induced by a prosecutor's broken promise regarding a sentence recommendation is involuntary and void, even if the recommendation's effectiveness is uncertain.
• Cascio v. United States
  429 F.2d 581· 9th Cir.· 1970-06-22 ·cited 8×
  The court held that the petitioner's claims of ineffective assistance of counsel and involuntary guilty plea were insufficient to warrant vacating his sentence.
• Jarrett v. United States
  423 F.2d 966· 8th Cir.· 1970-03-16 ·cited 8×·via Voluntary And Intelligent Guilty Plea
  The court held that the district court did not err in ruling that the petitioner's confession was voluntary and that his guilty plea was entered knowingly and intelligently, thus denying his motion for post-conviction relief.
• Hooper v. State
  232 So. 2d 257· Fla. 2d DCA· 1970-02-27 ·cited 8×·via Coerced Guilty Plea
  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
• Diamond v. United States
  422 F.2d 1313· 9th Cir.· 1970-02-18 ·cited 8×·via Voluntary And Intelligent Guilty Plea
  The court held that the district court properly denied the petitioner's motion for relief under 28 U.S.C. § 2255, as the record demonstrated a voluntary and intelligent guilty plea.
• Parrott v. Brewer
  421 F.2d 1386· 8th Cir.· 1970-02-17 ·cited 8×
  The court affirmed the district court's denial of habeas corpus, finding that the state courts provided a full and fair evidentiary hearing on the petitioner's claims.
• Hansen v. Mathews
  424 F.2d 1205· 7th Cir.· 1970-01-29 ·cited 8×
  The court held that the petitioner's contentions regarding his guilty plea being involuntary, unknowing, or impeached were without merit, affirming the denial of his habeas corpus petition.
• United States ex rel. Charles Kenny v. Hon. Harold W. Follette
  410 F.2d 1276· 2d Cir.· 1969-03-25 ·cited 8×·via Voluntary And Intelligent Guilty Plea
  The court held that the petitioner deliberately abandoned his right to challenge the validity of his prior conviction by failing to utilize available state procedures, despite being informed of his right to do so.
• Rayfield Moore v. Louie L. Wainwright
  401 F.2d 525· 5th Cir.· 1968-10-11 ·cited 8×·via Coerced Guilty Plea
  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.
• Roeth v. United States
  382 F.2d 96· 10th Cir.· 1967-08-24 ·cited 8×·via Voluntary And Intelligent Guilty Plea
  A voluntary and unqualified guilty plea waives all non-jurisdictional defects, precluding appeal of prior rulings.
• 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.
• Ching v. United States
  338 F.2d 333· 10th Cir.· 1964-11-05 ·cited 8×·via Voluntary And Intelligent Guilty Plea
  The court held that the appellant's motion to withdraw guilty pleas was properly denied because the consent forms conclusively showed receipt of the Informations and the pleas were intelligently made with counsel.
• Barber v. Gladden
  327 F.2d 101· 9th Cir.· 1964-01-29 ·cited 8×·via Coerced Guilty Plea
  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×·via Coerced Guilty Plea
  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×·via Coerced Guilty Plea
  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.
• Arnold v. United States
  271 F.2d 440· 4th Cir.· 1959-10-17 ·cited 8×·via Voluntary And Intelligent Guilty Plea
  The court held that the defendant's waiver of counsel was not intelligent or voluntary due to the inadequate inquiry by the clerk and the defendant's mental condition.
• Bistram v. United States
  248 F.2d 343· 8th Cir.· 1957-10-16 ·cited 8×·via Coerced Guilty Plea
  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×·via Coerced Guilty Plea
  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.
• United States ex rel. Turpin v. Warden of Green Haven Prison of State of N.Y.
  190 F.2d 252· 2d Cir.· 1951-07-03 ·cited 8×·via Voluntary And Intelligent Guilty Plea
  The court held that the relator was not entitled to habeas corpus relief because he failed to establish that an ingredient of unfairness actively operated in his Wisconsin conviction due to want of counsel.
• Giovani Guerra v. State
  331 So. 3d 746· Fla. 4th DCA· 2022-01-12 ·cited 7×
  The appellate court dismissed the appeal of one order as untimely but reversed the denial of a motion to withdraw a guilty plea for another order. The court found that the trial court erred in denying the motion because the appellant was affirmatively misadvised by his counsel re
• Dannie Stanford Holden, Jr. v. State
  90 So. 3d 902· Fla. 1st DCA· 2012-06-14 ·cited 7×·via Voluntary And Intelligent Guilty Plea
  In this Anders appeal, Appellant Holden challenged the trial court's denial of his motion to suppress his confession and the admission of child victim hearsay statements after pleading nolo contendere to attempted sexual battery and resisting an officer. The First District affirm
• Escobar v. State
  126 So. 3d 277· Fla. 3d DCA· 2011-06-29 ·cited 7×
  Jose Escobar appeals the summary denial of his pro se motion to withdraw his guilty plea after sentencing, claiming language barriers and ineffective counsel. The Florida Third District Court of Appeal reverses and remands, holding that the trial court must first determine whethe
• Bland v. State
  25 So. 3d 600· Fla. 1st DCA· 2009-12-15 ·cited 7×
• Davis v. State
  15 So. 3d 770· Fla. 2d DCA· 2009-07-17 ·cited 7×
  Anthony Davis appealed the denial of his Florida Rule of Criminal Procedure 3.850 motion challenging the validity of his guilty plea. The appellate court reversed and remanded two claims (one and six) for further proceedings because they were facially sufficient but improperly su
• Youngblood v. State
  930 So. 2d 852· Fla. 2d DCA· 2006-06-14 ·cited 7×
  The failure to file a timely motion to withdraw a guilty plea does not preclude an involuntary plea claim from being raised in a motion for postconviction relief.
• Doward v. State
  802 So. 2d 518· Fla. 5th DCA· 2001-12-28 ·cited 7×
  Eric Doward appeals the summary denial of his 3.850 postconviction relief motion claiming his plea was involuntary due to mental illness and medication affecting his comprehension. The appellate court reversed because the trial court relied on a psychiatrist's report from three m
• Augustine Joseph v. State
  540 So. 2d 260· Fla. 5th DCA· 1989-03-30 ·cited 7×
  The court held that while most issues raised in a post-conviction relief motion are procedurally barred if they could have been raised on direct appeal, claims of ineffective assistance of counsel and involuntary plea are proper grounds for collateral relief.
• Campbell v. R.C. Marshall
  769 F.2d 314· 6th Cir.· 1985-07-23 ·cited 7×·via Voluntary And Intelligent Guilty Plea
  A guilty plea, voluntarily and intelligently made with competent counsel, is not rendered involuntary by the prosecution's prior failure to disclose potentially exculpatory evidence, even if that failure would have violated Brady v. Maryland at trial.
• Albrecht v. Nelson
  462 F.2d 623· 9th Cir.· 1972-06-28 ·cited 7×
  The court held that a guilty plea is not constitutionally infirm if it is primarily motivated by fear of the death penalty, even if influenced by counsel.
• Istvan J. Ersek v. State
  238 So. 2d 481· Fla. 3d DCA· 1970-08-04 ·cited 7×·via Coerced Guilty Plea
  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
• Hampton v. State
  217 So. 3d 1096· Fla. 5th DCA· 2017-04-13 ·cited 6×
  Timothy Hampton appeals the denial of his Rule 3.850 motion for postconviction relief alleging ineffective assistance of counsel and involuntary pleas. The Fifth District reversed and remanded Ground One regarding failure to challenge a wiretap order, affirmed Grounds Two A and T
• Cannon v. State
  92 So. 3d 292· Fla. 1st DCA· 2012-07-16 ·cited 6×·via Voluntary And Intelligent Guilty Plea
  Bobby Cannon appealed the summary denial of his motion for postconviction relief under Florida Rule of Criminal Procedure 3.850, claiming he was entitled to withdraw his plea agreement because the trial court never formally accepted it. The First District Court of Appeal affirmed
• Chadwick Kegler v. State
  46 So. 3d 1061· Fla. 2d DCA· 2010-10-15 ·cited 6×
  Chadwick Kegler appeals the denial of his motion to withdraw a no contest plea, claiming his trial counsel coerced him into pleading guilty and refused to pursue an entrapment defense. The court reversed and remanded because the trial court erred in failing to appoint conflict-fr
• Woodall v. State
  39 So. 3d 419· Fla. 5th DCA· 2010-06-25 ·cited 6×
  Defense counsel's failure to advise a defendant of the favorable legal ramifications of witnesses' testimony—specifically, that prior inconsistent statements are admissible only for impeachment and cannot constitute substantive evidence of the charged offense—renders a guilty ple
• Tatum v. State
  27 So. 3d 700· Fla. 3d DCA· 2010-01-20 ·cited 6×
  Lorenzo Tatum appeals the denial of a collateral attack on his 1993 sentence of 40 years imprisonment. The Florida District Court of Appeal affirms, holding that Tatum's sentencing claims have either been previously adjudicated and are barred by the law of the case doctrine and c
• Applegate v. State
  23 So. 3d 211· Fla. 2d DCA· 2009-12-02 ·cited 6×
  Kevin Jon Applegate appealed the summary denial of his motions to withdraw his guilty plea, filed twelve days after sentencing. The trial court erroneously treated the motions as postconviction claims under Rule 3.850 and failed to appoint conflict-free counsel, requiring reversa
• Beals v. State
  14 So. 3d 286· Fla. 4th DCA· 2009-08-05 ·cited 6×
  The court affirmed the denial of one ground of post-conviction relief as successive and without merit, but reversed the denial of other grounds, finding that the imposition of drug offender probation for carrying a concealed weapon was an illegal sentence cognizable under rule 3.
• Christiansen v. State
  993 So. 2d 173· Fla. 2d DCA· 2008-10-29 ·cited 6×·via Coerced Guilty Plea
  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
• Ridel v. State
  990 So. 2d 581· Fla. 3d DCA· 2008-08-06 ·cited 6×·via Voluntary And Intelligent Guilty Plea
  Emmanuel Ridel appealed the denial of his post-conviction motion to withdraw his guilty plea, claiming his counsel was ineffective for failing to investigate 27 of 30 charges against him. The court affirmed the denial, finding counsel's decision to focus investigation on the thre
• Rodriques v. State
  980 So. 2d 1203· Fla. 4th DCA· 2008-04-30 ·cited 6×
  The court affirmed the summary denial of appellant's motion to vacate her guilty plea for lack of immigration warning, but without prejudice, because the motion failed to meet the specific pleading requirements of State v. Green despite potentially meritorious underlying claims.
• Ceasar Douglas v. State
  977 So. 2d 776· Fla. 2d DCA· 2008-03-28 ·cited 6×
  Ceasar Douglas appealed the summary denial of his Rule 3.850 postconviction motion alleging ineffective assistance of counsel regarding his guilty plea to sexual battery. The court reversed and remanded because while the motion may have been timely under the newly discovered evid
• State v. Naji Kamel Haddad
  950 So. 2d 434· Fla. 1st DCA· 2007-01-30 ·cited 6×
  The State appeals a trial court's order vacating Haddad's 1981 drug plea and allowing withdrawal based on lack of knowledge of deportation consequences. The appellate court reverses, holding that the trial court improperly applied a 1989 rule retroactively, but certifies a questi
• Quintana v. State
  917 So. 2d 991· Fla. 3d DCA· 2005-12-28 ·cited 6×
  Sergio Luis Quintana appeals the denial of his motion to withdraw a guilty plea, arguing the plea was not knowingly and voluntarily entered because he was misinformed that the fifteen-year minimum mandatory sentence for firearm possession could be waived. The court reverses and r
• Miller v. State
  905 So. 2d 981· Fla. 3d DCA· 2005-06-29 ·cited 6×
  Miller appeals the denial of his Rule 3.850 motion for postconviction relief, claiming his guilty plea was involuntary due to his trial counsel's affirmative misadvice about his potential sentence exposure on remand. The court reverses and remands for an evidentiary hearing becau