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

• Terence A. Frazier v. State
  898 So. 2d 1183· Fla. 3d DCA· 2005-04-06 ·cited 6×
• Barrs v. State
  883 So. 2d 846· Fla. 1st DCA· 2004-08-19 ·cited 6×
  Florida appellate court affirmed summary denial of Rule 3.850 motion, holding that defendant's ineffective assistance and involuntary plea claims failed because habitual offender status did not affect his actual eligibility for early release programs under post-1994 law.
• Szeremi v. State
  862 So. 2d 935· Fla. 2d DCA· 2004-01-14 ·cited 6×
  A defendant's claim that their plea was involuntary due to mental condition at the time of the plea warrants a hearing if the record does not conclusively refute the allegations.
• Rogers v. State
  864 So. 2d 521· Fla. 5th DCA· 2004-01-09 ·cited 6×
  The court held that a defendant's post-conviction motion alleging an involuntary plea due to undisclosed gain time forfeiture is not barred by the thirty-day limitation period for withdrawing a plea.
• Japheth Samuel Peters v. State
  861 So. 2d 1236· Fla. 2d DCA· 2003-12-12 ·cited 6×
  Peters appealed a summary denial of his Rule 3.850 motion for postconviction relief challenging his plea to attempted capital sexual battery. The court reversed, finding Peters presented a facially sufficient claim that his plea was involuntary due to counsel's misadvice about th
• Paul v. State
  838 So. 2d 687· Fla. 3d DCA· 2003-03-05 ·cited 6×
  A defendant is not entitled to postconviction relief based on an involuntariness theory stemming from reliance on unconstitutional sentencing guidelines.
• Thedrice Lewis v. State
  812 So. 2d 597· Fla. 1st DCA· 2002-04-04 ·cited 6×·via Coerced Guilty Plea
• Barnes v. State
  801 So. 2d 989· Fla. 1st DCA· 2001-12-12 ·cited 6×
• Orduno v. State
  800 So. 2d 669· Fla. 2d DCA· 2001-11-16 ·cited 6×
  The court held that the record did not conclusively refute the defendant's claim that he was unaware of potential deportation consequences of his plea, requiring an evidentiary hearing.
• Banck v. State
  798 So. 2d 814· Fla. 5th DCA· 2001-10-26 ·cited 6×
  Shawn Banck appealed his resentencing following Heggs v. State, arguing he had a plea agreement for a low-end guidelines sentence. The court affirmed the resentencing to 66.5 months under the 1994 guidelines, finding the parties bargained under the 1995 guidelines and Banck is on
• Laster v. State
  805 So. 2d 909· Fla. 2d DCA· 2001-10-19 ·cited 6×
  A trial court lacks jurisdiction to revoke probation after it has ended, rendering any sentence imposed for such violation illegal.
• Roody Joseph v. State
  782 So. 2d 895· Fla. 2d DCA· 2001-02-14 ·cited 6×
  Roody Joseph appeals the summary denial of his Rule 3.850 motion for postconviction relief, claiming his five nolo contendere pleas were involuntary because he was not adequately advised of deportation risks. The court reverses and remands, holding that a plea form with a deporta
• Markus Forster v. State
  779 So. 2d 550· Fla. 2d DCA· 2001-01-19 ·cited 6×
  The court held that the defendant stated facially sufficient claims for postconviction relief that were not refuted by the record.
• Gray v. State
  774 So. 2d 30· Fla. 2d DCA· 2000-09-27 ·cited 6×
  Morris Gray appeals the denial of his habeas corpus petition (treated as a Rule 3.850 motion for postconviction relief) challenging the voluntariness of his guilty plea based on the trial court's failure to inform him of potential deportation consequences. The court reverses and
• Trombley v. State
  754 So. 2d 121· Fla. 5th DCA· 2000-03-17 ·cited 6×
  Trombley appeals his convictions for driving under the influence with serious bodily injuries and related DUI charges stemming from a 1997 high-speed collision. The Florida appellate court affirms his sentences and convictions, finding that Trombley failed to preserve most issues
• Guilford v. State
  737 So. 2d 1160· Fla. 1st DCA· 1999-06-30 ·cited 6×
  Appellant Guilford appealed the summary denial of his postconviction relief motion, raising claims of ineffective assistance of counsel and involuntary plea. The First District Court of Appeal reversed and remanded on those two claims, finding them facially sufficient, while affi
• Smith v. State
  718 So. 2d 223· Fla. 1st DCA· 1998-08-03 ·cited 6×
  The court held that the trial court's attachments did not conclusively refute the defendant's allegations of ineffective assistance of counsel regarding a plea based on misrepresentations about concurrent sentencing.
• Raben v. State
  715 So. 2d 331· Fla. 1st DCA· 1998-07-29 ·cited 6×
  The court held that the trial court erred in summarily denying the motion for postconviction relief because the attached documents did not conclusively refute the appellant's allegations.
• McDOWELL v. State
  714 So. 2d 606· Fla. 4th DCA· 1998-07-15 ·cited 6×
  David McDowell appeals the summary denial of his rule 3.850 postconviction motion. The appellate court reversed in part, finding that two of his six grounds for relief—involuntary plea due to psychotropic drug influence and lack of factual basis for the conviction—were legally su
• Hopkins v. State
  711 So. 2d 603· Fla. 1st DCA· 1998-05-12 ·cited 6×
  Dwayne Hopkins appealed the denial of his motion for postconviction relief under Florida Rule of Criminal Procedure 3.850, challenging the validity of his plea and sentence following a probation violation. The court affirmed the denial of his ineffective assistance claims but rev
• Saling v. State
  705 So. 2d 937· Fla. 2d DCA· 1997-12-31 ·cited 6×
  Charles Saling appealed the denial of his Rule 3.850 motion for postconviction relief, challenging his armed robbery conviction and life sentence as a habitual offender. The court affirmed the denial of most claims but reversed and remanded on Saling's contention that he was not
• Artie K. Perkins v. State
  696 So. 2d 1343· Fla. 2d DCA· 1997-07-23 ·cited 6×
  Artie Perkins appeals the denial of his postconviction relief motion, claiming he did not receive the full benefit of his plea bargain. The court found merit in his claim that his trial attorney and the trial court represented his state sentences would run concurrently with pendi
• Gallo v. State
  691 So. 2d 1184· Fla. 4th DCA· 1997-04-23 ·cited 6×
• Whitty v. State
  687 So. 2d 869· Fla. 2d DCA· 1997-01-22 ·cited 6×
  Kevin Whitty appealed the denial of his postconviction relief motion in three criminal cases, arguing that his defense counsel was ineffective for failing to pursue a voluntary intoxication defense and that his guilty plea was involuntary based on counsel's misadvice. The court r
• McCONNAUGHY v. State
  684 So. 2d 851· Fla. 5th DCA· 1996-12-13 ·cited 6×
  McConnaughy appeals the denial of his Rule 3.850 motion seeking to invalidate his plea on grounds of involuntariness due to subsequent changes in administrative rules affecting gain-time eligibility and prisoner reimbursement costs. The court affirms the denial but on different g
• Schenck v. State
  654 So. 2d 593· Fla. 4th DCA· 1995-04-26 ·cited 6×
  The court held that the trial court's order denying the appellant's motion was erroneous because the attachments did not conclusively refute the claim that his plea was involuntary due to schizophrenia and medication.
• Jauregui v. State
  652 So. 2d 898· Fla. 3d DCA· 1995-03-22 ·cited 6×·via Voluntary And Intelligent Guilty Plea
  Appellant challenges his sentence and claims ineffective assistance of counsel following his guilty plea to second-degree murder and armed robbery. The court affirmed the trial court's denial of his petition for writ of certiorari, holding that his sentence was legal, within the
• United States v. Hoffman
  982 F.2d 187· 6th Cir.· 1992-12-22 ·cited 6×·via Voluntary And Intelligent Guilty Plea
  The court held that the enhancement for obstruction of justice was proper, but the author disagrees with the majority's conclusion that the district court had discretion to consider a collateral attack on prior convictions.
• Panuccio v. Kelly
  927 F.2d 106· 2d Cir.· 1991-03-06 ·cited 6×·via Voluntary And Intelligent Guilty Plea
  The court held that a defendant's Sixth Amendment right to effective assistance of counsel was not violated when counsel advised a guilty plea without fully disclosing a potential intoxication defense, if that defense had little chance of success and the potential sentence reduct
• United States v. Polk
  908 F.2d 212· 7th Cir.· 1990-07-26 ·cited 6×·via Voluntary And Intelligent Guilty Plea
  The court held that the defendant's 1971 guilty pleas were constitutionally valid for sentence enhancement purposes, despite the absence of a full transcript, because the record indicated he was advised of his rights and represented by counsel, and Illinois law presumes regularit
• Thomas v. Dugger
  846 F.2d 669· 11th Cir.· 1988-06-07 ·cited 6×·via Coerced Guilty Plea
  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.
• Ezra Davis, Jr. v. Butler
  825 F.2d 892· 5th Cir.· 1987-08-27 ·cited 6×
  A guilty plea may be involuntary if based on a broken promise of a pardon by counsel, and specific allegations of such a promise warrant an evidentiary hearing. However, claims that the plea was involuntary due to lack of understanding of the charges are refuted by the record.
• Beasley v. O.L. McCOTTER
  798 F.2d 116· 5th Cir.· 1986-08-05 ·cited 6×
  The court held that the appellant's claims were waived or abandoned, and therefore, his petition for rehearing was denied.
• Horace v. Louie L. Wainwright
  781 F.2d 1558· 11th Cir.· 1986-02-14 ·cited 6×·via Voluntary And Intelligent Guilty Plea
• Carroll Harland Williams v. Raines
  783 F.2d 774· 9th Cir.· 1986-01-09 ·cited 6×
  The court held that a guilty plea is voluntary and counsel is effective even if the defendant does not specifically recall being told the definition of malice, provided the elements were generally explained and the defendant affirmed understanding.
• State v. Green
  476 So. 2d 321· Fla. 2d DCA· 1985-10-11 ·cited 6×·via Coerced Guilty Plea
  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
• Ames v. NEW York State Div. OF Parole
  772 F.2d 13· 2d Cir.· 1985-09-17 ·cited 6×·via Voluntary And Intelligent Guilty Plea
  A defendant's guilty plea is not rendered involuntary by failure to inform them of an affirmative defense, especially when the burden of persuasion for that defense rests on the defendant.
• Martinez v. State
  475 So. 2d 1292· Fla. 3d DCA· 1985-09-17 ·cited 6×
  Mario Martinez, a Cuban refugee who entered the U.S. through the Mariel boat-lift, appeals the summary denial of his post-conviction motion alleging ineffective assistance of counsel for failing to advise him of potential deportation consequences before he entered a guilty plea t
• Willbright v. Smith
  745 F.2d 779· 2d Cir.· 1984-10-04 ·cited 6×·via Voluntary And Intelligent Guilty Plea
  The court held that a state trial judge's failure to explicitly inquire into the factual basis of a guilty plea does not violate due process if the totality of the circumstances demonstrates the plea was intelligent and voluntary.
• Jackson v. State
  442 So. 2d 1070· Fla. 3d DCA· 1983-12-20 ·cited 6×
  Florida appellate court reversed summary denial of post-conviction relief motion and remanded for evidentiary hearing where defendant claimed his guilty pleas were involuntary based on misunderstanding about consecutive sentencing.
• Diaz v. State
  439 So. 2d 1011· Fla. 2d DCA· 1983-10-28 ·cited 6×
  The appellate court held that the trial court erred by summarily denying the motion for post-conviction relief without an evidentiary hearing or attaching the record.
• Alford v. United States
  709 F.2d 418· 5th Cir.· 1983-07-15 ·cited 6×
  The court held that the district court abused its discretion by denying a continuance to allow retained counsel adequate preparation time for an evidentiary hearing.
• Cowart v. State
  428 So. 2d 687· Fla. 4th DCA· 1983-02-02 ·cited 6×
• United States v. Araiza
  693 F.2d 382· 5th Cir.· 1982-11-24 ·cited 6×·via Coerced Guilty Plea
  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.
• Arlen Kim Lesley v. State
  370 So. 2d 85· Fla. 2d DCA· 1979-04-27 ·cited 6×
  The court held that a trial judge must attach the record or hold an evidentiary hearing if a motion to vacate alleges facts entitling a prisoner to relief. The court affirmed denial of one claim but reversed and remanded for a hearing on another.
• Jackson v. Estelle
  548 F.2d 617· 5th Cir.· 1977-03-14 ·cited 6×·via Coerced Guilty Plea
  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.
• Russell v. State OF Mo.
  511 F.2d 861· 8th Cir.· 1975-03-07 ·cited 6×·via Voluntary And Intelligent Guilty Plea
  A guilty plea breaks the chain of prior constitutional deprivations, and a claim of counsel denial at arrest is insufficient to challenge a subsequent voluntary guilty plea unless it shows the plea itself was involuntary due to ineffective counsel.
• Stout v. United States
  508 F.2d 951· 6th Cir.· 1975-01-10 ·cited 6×·via Coerced Guilty Plea
  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.
• United States ex rel. Lonnie Davis v. Johnson
  495 F.2d 335· 3d Cir.· 1974-03-20 ·cited 6×·via Voluntary And Intelligent Guilty Plea
  The court held that the defendant was not denied effective assistance of counsel when entering his guilty plea, and therefore the plea was voluntary.
• United States v. Forrest Anderson
  468 F.2d 440· 5th Cir.· 1972-10-18 ·cited 6×·via Coerced Guilty Plea
  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.