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
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The court held that the petitioner's allegations were not so incredible as to warrant summary dismissal and that an evidentiary hearing was required.
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453 So. 2d 147·
Fla. 1st DCA·
1984-07-13
·cited 4×
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Florida appellate court reversed summary denial of post-conviction relief motion where defendant alleged his nolo contendere plea was coerced by his public defender and entered without adequate explanation or effective assistance of counsel.
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Blaine Everett appeals from his conviction based on nolo contendere pleas and the sentences imposed. The court affirms, finding that while the sentences may have exceeded the plea agreement cap, Everett failed to raise objections in the trial court, precluding appellate review of
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The court held that the state trial court's procedure of accepting guilty pleas under protest and then proceeding to hear evidence to determine guilt did not violate due process or the right to effective assistance of counsel.
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423 So. 2d 978·
Fla. 1st DCA·
1982-12-08
·cited 4×
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417 So. 2d 1152·
Fla. 1st DCA·
1982-08-11
·cited 4×
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The court affirmed the denial of the habeas corpus petition, finding no constitutional violations and that counsel was not ineffective.
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The court held that the arrest was constitutional, the search of the apartment was consensual, and the guilty plea was knowing and voluntary.
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The court held that the trial court's failure to explicitly inform the defendant that it could not order concurrent state and federal sentences, and its variations from a verbatim recitation of Rule 11 rights, did not invalidate the guilty plea as the defendant was otherwise adeq
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587 F.2d 433·
9th Cir.·
1978-12-06
·cited 4×
The court held that the district court's error in accepting a guilty plea without proper Rule 11 advisement did not warrant relief under 28 U.S.C. § 2255 because the error was corrected and the defendant suffered no prejudice.
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Appellant challenges guilty plea convictions for three counts of petit larceny, alleging his court-appointed attorney coerced him into pleading guilty by misrepresenting that sentences would run concurrently with an unrelated sentence. The appellate court remanded for the trial c
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554 F.2d 1346·
5th Cir.·
1977-06-30
·cited 4×
The court held that a federal habeas corpus petitioner's claims of an involuntary guilty plea, ineffective assistance of counsel, and improper sentencing were without merit.
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The court held that the district court erred in denying the habeas corpus petition without a full inquiry into the circumstances surrounding the guilty pleas.
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492 F.2d 115·
5th Cir.·
1974-04-04
·cited 4×
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287 So. 2d 698·
Fla. 1st DCA·
1973-11-20
·cited 4×
Donald Dixon appealed his conviction based on a guilty plea to second-degree murder, arguing the trial court abused its discretion in denying his motion to withdraw the plea. The appellate court reversed, finding that Dixon's court-appointed public defender provided ineffective a
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480 F.2d 142·
5th Cir.·
1973-05-15
·cited 4×
Erroneous advice from counsel regarding potential maximum sentences does not render a guilty plea involuntary if the advice was within the range of competence required of attorneys.
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The court held that the trial court's thorough examination before accepting the guilty plea conclusively showed the appellant was not entitled to post-conviction relief.
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262 So. 2d 250·
Fla. 4th DCA·
1972-05-12
·cited 4×
Joann Crossin pleaded nolo contendere to drug delivery charges pursuant to a plea agreement in which the prosecution promised to recommend probation. When the prosecutor failed to make this recommendation at sentencing, the appellate court reversed and remanded, holding that the
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447 F.2d 983·
5th Cir.·
1971-09-02
·cited 4×
The court held that a prisoner's allegations of an involuntary guilty plea due to ignorance of charges and consequences, if true, are grounds for habeas corpus relief.
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The federal court did not err in dismissing a habeas corpus petition without an evidentiary hearing, as the state courts had fully and fairly litigated the constitutional issues.
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The court held that the rule established in Boykin v. Alabama should not be applied retroactively to arraignments that occurred prior to its decision.
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The court held that the appellant's guilty plea was knowing and intelligent, and that the state trial judge's colloquy was sufficient under the law at the time.
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The court held that the appellant's guilty pleas were validly entered and that his claims of Rule 11 non-compliance and coercion by counsel were without merit.
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The court held that a guilty plea is not invalid solely because it resulted from plea bargaining, and the state court's findings were supported by ample basis.
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The court held that the district court's denial of habeas corpus relief was based on an inadequate factual basis and remanded for further proceedings.
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The court affirmed the denial of the motion, finding the trial court's competency determination not clearly erroneous and other claims lacking merit or specificity.
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A guilty plea induced by threats is invalid and does not waive non-jurisdictional defenses.
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The court held that a motion to vacate a conviction under 28 U.S.C. § 2255 requires an evidentiary hearing when the allegations of coercion are not conclusively refuted by the files and records.
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A district judge's failure to adequately inquire into the voluntariness of a guilty plea and inform the defendant of potential penalties constitutes a violation of Rule 11, requiring remand for a hearing.
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A defendant's subjective belief of systemic racial discrimination is insufficient to invalidate a guilty plea without objective evidence supporting that belief.
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397 F.2d 267·
3d Cir.·
1968-06-27
·cited 4×
The court held that a federal court must determine if state remedies are exhausted before dismissing a habeas corpus petition without a hearing, especially when allegations of coerced confession and involuntary plea are raised.
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391 F.2d 915·
9th Cir.·
1968-04-26
·cited 4×
The court held that a guilty plea induced by threats of introducing illegally obtained evidence or habitual criminal charges may be attacked via habeas corpus.
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A federal court must grant an evidentiary hearing on a habeas corpus petition if the merits of the factual dispute were not resolved in the state hearing.
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387 F.2d 176·
5th Cir.·
1968-01-03
·cited 4×
A conviction based on an involuntary plea, including one entered through ignorance or inadvertence, is invalid as a denial of due process.
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Rudolph Tillman appeals the denial of his Rule 1 motion to vacate his guilty plea and seven-year prison sentence, claiming he was coerced into pleading guilty by the State Attorney. The appellate court reversed, holding that allegations of coercion, if true, constitute a constitu
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376 F.2d 817·
10th Cir.·
1967-05-02
·cited 4×
A voluntary guilty plea waives all non-jurisdictional defenses, and a sentence following such a plea is the result of the plea, not prior evidence.
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Daniel Nolan appealed the denial of his post-conviction relief petition, alleging his guilty plea was coerced through police threats and promises. The court reversed, holding that Nolan's allegations of coercion raised a factual issue requiring a hearing, despite the trial court'
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The defendant appealed an order denying his motion to vacate a conviction for attempted rape, claiming he was coerced by the sheriff into pleading guilty. The appellate court reversed and remanded because the trial court failed to conduct a hearing and take evidence on these seri
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The federal court had the power to condition its grant of a habeas corpus writ and was not bound by Rule 60(b) after the state corrected the procedural defect.
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The court held that the district court did not err in denying the petitioner's motion to vacate his guilty plea, finding the plea to be voluntary and competent.
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A federal prisoner seeking to challenge a sentence must first utilize the remedy provided by 28 U.S.C. § 2255 in the sentencing court, and habeas corpus is only available if that remedy is shown to be inadequate or ineffective.
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The court held that the district court erred in denying the motion to vacate sentence without a hearing, as the record did not conclusively show the prisoner was entitled to no relief.
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The court held that a prior denial of a motion under 28 U.S.C. § 2255 does not automatically preclude a hearing on a subsequent motion with different grounds.
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The court held that a factual dispute regarding coercion vitiates a summary denial of a habeas corpus petition.
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The court held that the defendant's guilty plea was not coerced and that he received effective assistance of counsel, affirming the denial of his motion to vacate the sentence.
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The court held that the statute allows for cumulative punishment for each alien transported, and that the appellant received adequate representation from his court-appointed counsel.
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The court held that the petitioner failed to establish he did not competently and intelligently waive his constitutional right to counsel.
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259 So. 3d 927·
Fla. 5th DCA·
2018-11-16
·cited 3×
A trial attorney's failure to investigate a specific factual defense such as prescription, which was not discussed during the plea colloquy, constitutes a facially sufficient attack on a conviction and entitles a defendant to amend a rule 3.850 motion to allege the requisite prej
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210 So. 3d 252·
Fla. 2d DCA·
2017-02-10
·cited 3×
Issac Sanchez appealed the summary denial of his Rule 3.850 motion for postconviction relief raising ineffective assistance of trial counsel claims. The court affirmed the denial of grounds one and two but reversed the denial of grounds three and four, which alleged counsel faile