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

• Porter v. A.L. Lockhart
  925 F.2d 1107· 8th Cir.· 1991-02-13 ·cited 2×
  The court held that the defendant's claims of ineffective assistance of counsel and involuntary guilty plea were without merit, affirming the denial of habeas corpus relief.
• Salemi v. State
  573 So. 2d 117· Fla. 2d DCA· 1991-01-04 ·cited 2×
  Frank Salemi appealed the summary denial of his postconviction relief motion under Florida Rule of Criminal Procedure 3.850, claiming his guilty plea to probation violations was involuntary due to ineffective counsel. The court reversed in part and remanded, finding one allegatio
• R.B. Smith v. A.L. Lockhart
  921 F.2d 154· 8th Cir.· 1990-12-07 ·cited 2×
  The court affirmed the dismissal of the habeas corpus petition, finding the guilty plea was voluntary and counsel was not ineffective.
• Kendrick v. State
  556 So. 2d 531· Fla. 2d DCA· 1990-02-09 ·cited 2×
  The court held that the trial court erred in summarily denying the defendant's motion for postconviction relief without attaching refuting record portions or holding an evidentiary hearing on the claim of ineffective assistance of counsel.
• Morris v. State
  553 So. 2d 321· Fla. 1st DCA· 1989-12-04 ·cited 2×
• Rickie N. McNAIR v. Dugger
  866 F.2d 399· 11th Cir.· 1989-02-23 ·cited 2×
  The court held that the district court improvidently granted the writ of habeas corpus because the petitioner failed to demonstrate prejudice from counsel's alleged deficient performance.
• White v. United States
  858 F.2d 416· 8th Cir.· 1988-10-03 ·cited 2×·via Voluntary And Intelligent Guilty Plea
  A voluntary and intelligent guilty plea, even an Alford plea, generally bars collateral attack on prior constitutional deprivations, and undisclosed evidence that would have merely fortified the defense's position on witness credibility does not render the plea unintelligent or u
• Spadaro v. State
  528 So. 2d 1346· Fla. 2d DCA· 1988-08-05 ·cited 2×
  The court held that claims of ineffective assistance of counsel were facially insufficient, but claims that the plea was involuntary and the sentence illegal were not conclusively refuted by the record.
• Yeager v. State
  514 So. 2d 73· Fla. 1st DCA· 1987-10-20 ·cited 2×·via Coerced Guilty Plea
  Yeager appeals the summary denial of his post-conviction Rule 3.850 motion alleging ineffective assistance of counsel, illegal sentencing, and coerced guilty plea. The court affirms the denial as to the ineffective assistance claim but reverses and remands the coerced plea allega
• Hunt v. State
  508 So. 2d 40· Fla. 2d DCA· 1987-06-05 ·cited 2×
  William E. Hunt appeals the summary denial of his postconviction relief motion, claiming his sentence violated a plea bargain agreement. The court reversed, finding that Hunt was promised probation but received two years of community control plus probation, and remanded for the t
• Ingraham v. State
  502 So. 2d 987· Fla. 3d DCA· 1987-02-17 ·cited 2×
  Samuel Ingraham appeals his felony conviction and challenges the use of prior juvenile adjudications in his sentencing guidelines calculation. The court reverses due to reversible error in the trial court's ex parte interrogation of jurors regarding whether they witnessed the def
• Lonberger v. R.C. Marshall
  808 F.2d 1169· 6th Cir.· 1987-01-06 ·cited 2×·via Voluntary And Intelligent Guilty Plea
  The court held that the petitioner's current habeas petition was successive and properly dismissed under Rule 9(b) because it raised the same grounds for relief as a prior petition, and the ends of justice did not require reconsideration.
• Schuck v. State
  495 So. 2d 193· Fla. 2d DCA· 1986-08-13 ·cited 2×
  The court held that the trial court erred in denying the appellant's claim that his guilty plea was involuntary due to psychotropic drugs, as this issue was not previously litigated.
• Smart v. Scully
  787 F.2d 816· 2d Cir.· 1986-04-07 ·cited 2×
  The Court of Appeals held that the appellant's failure to include sworn allegations in his pro se motion to withdraw his guilty plea did not constitute a procedural default under Wainwright v. Sykes, as the state had no substantial interest in denying him the opportunity to reple
• Davis v. State
  468 So. 2d 443· Fla. 2d DCA· 1985-05-03 ·cited 2×·via Coerced Guilty Plea
  Davis appealed the trial court's denial of his post-conviction relief motion challenging the voluntariness of his guilty plea. The appellate court reversed and remanded, holding that the trial court must conduct an evidentiary hearing or make findings from the record to determine
• Houghton v. State
  454 So. 2d 725· Fla. 1st DCA· 1984-08-15 ·cited 2×
• Wynn v. State
  452 So. 2d 1097· Fla. 2d DCA· 1984-07-11 ·cited 2×
  The court reversed in part the trial court's summary denial of a Rule 3.850 postconviction motion regarding an allegedly involuntary guilty plea, requiring the trial court to either conduct an evidentiary hearing or attach record portions conclusively refuting the claim.
• Nealy J. Buchanon v. Mintzes
  734 F.2d 274· 6th Cir.· 1984-05-09 ·cited 2×·via Voluntary And Intelligent Guilty Plea
  The court held that Rule 9(a) of habeas corpus proceedings requires a showing of actual prejudice to bar consideration of claims, and that the state failed to show prejudice regarding the petitioner's claims of unknowing waiver of counsel and guilty plea.
• Chapman v. State
  444 So. 2d 591· Fla. 2d DCA· 1984-02-03 ·cited 2×
  The court held that the trial court erred in failing to conduct an evidentiary hearing or attach record portions refuting the allegation that the plea was involuntary due to psychotropic drugs.
• Carroll Dennis Ford v. State
  433 So. 2d 1335· Fla. 2d DCA· 1983-07-06 ·cited 2×
  Carroll Dennis Ford appeals the summary denial of his post-conviction motion challenging the voluntariness of his nolo contendere plea. The appellate court reversed and remanded, holding that the trial court failed to provide an evidentiary hearing on his allegation that he was n
• Wilson v. State
  430 So. 2d 554· Fla. 2d DCA· 1983-04-29 ·cited 2×·via Coerced Guilty Plea
  The court held that the trial court erred by failing to conduct an evidentiary hearing or attach record portions refuting the allegations of coerced plea and ineffective assistance of counsel.
• Prescott v. State
  429 So. 2d 1366· Fla. 1st DCA· 1983-04-21 ·cited 2×
• Milford Hughes v. State
  427 So. 2d 791· Fla. 2d DCA· 1983-03-04 ·cited 2×
  The court held that the trial court erred by failing to conduct an evidentiary hearing or attach record portions refuting the appellant's claim of an involuntary plea based on police promises.
• Bryant v. Cherry
  687 F.2d 48· 4th Cir.· 1982-09-10 ·cited 2×·via Voluntary And Intelligent Guilty Plea
  A guilty plea remains voluntary and intelligent even if the trial court fails to inform the defendant of a mandatory minimum sentence, if the defendant was aware of the plea agreement and reasonably expected a sentence at or above the mandatory minimum.
• Evans v. Warden Sam P. Garrison
  657 F.2d 64· 4th Cir.· 1981-08-13 ·cited 2×·via Voluntary And Intelligent Guilty Plea
  The court held that conditioning parole eligibility on restitution to a law enforcement agency, which is not a victim under state law and was not part of the plea bargain, renders a guilty plea involuntary and unintelligent, violating due process.
• Braverman v. State
  393 So. 2d 1165· Fla. 3d DCA· 1981-02-10 ·cited 2×
  A defendant may raise the involuntariness of a plea in a Rule 3.850 post-conviction motion even though involuntariness was mentioned as a ground in an earlier motion to withdraw the plea, provided the issue was not actually litigated and decided in the prior proceeding. The law o
• Mitchell v. Superior Court FOR the Cnty. OF Santa Clara
  632 F.2d 767· 9th Cir.· 1980-10-07 ·cited 2×·via Voluntary And Intelligent Guilty Plea
  A guilty plea does not forfeit the right to federal habeas corpus review of pre-plea constitutional violations if state law permits such an appeal.
• Blue v. State
  380 So. 2d 451· Fla. 3d DCA· 1979-12-28 ·cited 2×
  Florida appellate court affirmed the denial of defendant's motion to vacate guilty pleas and sentences, finding the pleas were knowing and intelligent and counsel was effective.
• Kibert v. Blankenship
  611 F.2d 520· 4th Cir.· 1979-12-04 ·cited 2×·via Voluntary And Intelligent Guilty Plea
  The court held that the district court erred in granting habeas corpus relief, as the petitioner's guilty plea was voluntary and knowingly entered, and he was not denied effective assistance of counsel.
• Manley v. United States
  588 F.2d 79· 4th Cir.· 1978-11-30 ·cited 2×·via Voluntary And Intelligent Guilty Plea
  The court held that a defendant's nolo contendere plea may be invalid if the trial court misinformed the defendant about the maximum allowable penalties, and this factual issue must be determined on remand.
• United States v. Swann
  574 F.2d 1316· 5th Cir.· 1978-06-14 ·cited 2×·via Voluntary And Intelligent Guilty Plea
  A conditional plea of nolo contendere, reserving the right to appeal an unfavorable ruling on a motion to suppress, is impermissible because it renders the plea involuntary and not in compliance with Rule 11.
• United States v. Lopez
  571 F.2d 1345· 5th Cir.· 1978-04-26 ·cited 2×
  A nolo contendere plea conditioned on the right to appeal non-jurisdictional grounds is involuntary and must be vacated.
• Sand v. Estelle
  559 F.2d 364· 5th Cir.· 1977-09-19 ·cited 2×
  The court held that a writ of habeas corpus should not be granted solely because an attorney's correct advice was due to luck rather than skill.
• McINNES v. State
  345 So. 2d 781· Fla. 4th DCA· 1977-04-15 ·cited 2×·via Voluntary And Intelligent Guilty Plea
  Linda McInnes appealed her guilty plea conviction for obtaining property by worthless checks, arguing her plea was involuntary and that her sentence constituted unconstitutional imprisonment for debt. The Fourth District Court of Appeal affirmed, finding the plea was knowing and
• Holman v. State
  326 So. 2d 50· Fla. 2d DCA· 1976-01-30 ·cited 2×
  The court held that a postconviction motion sufficiently alleging an involuntary guilty plea induced by attorney misrepresentation warrants an evidentiary hearing.
• Lurea Clark v. State
  317 So. 2d 870· Fla. 1st DCA· 1975-08-18 ·cited 2×·via Voluntary And Intelligent Guilty Plea
  Clark appealed her conviction for second-degree murder entered through guilty plea, claiming the trial court violated due process by failing to comply with Boykin v. Alabama's requirements regarding waiver of constitutional rights. The appellate court affirmed, finding the trial
• Ford v. State
  317 So. 2d 473· Fla. 1st DCA· 1975-08-12 ·cited 2×·via Voluntary And Intelligent Guilty Plea
  Kenneth Lee Ford appealed his nolo contendere plea to a robbery charge, arguing the trial court failed to explicitly advise him of his rights against self-incrimination, to jury trial, and to confront accusers. The Florida appellate court affirmed the conviction, holding that whe
• Dames v. Louie L. Wainwright
  491 F.2d 1098· 5th Cir.· 1974-04-01 ·cited 2×·via Voluntary And Intelligent Guilty Plea
  The court held that the defendant's contention that he was entitled to more credit for time served was without merit, as he received the bargained-for sentence and was not punished for exercising post-conviction rights.
• Golden v. Henderson
  456 F.2d 376· 5th Cir.· 1972-02-24 ·cited 2×·via Voluntary And Intelligent Guilty Plea
  The court held that the district court's denial of the habeas petition was proper, as the guilty plea was voluntarily and intelligently entered under pre-Boykin standards.
• Weaver v. United States
  454 F.2d 315· 7th Cir.· 1971-12-08 ·cited 2×·via Voluntary And Intelligent Guilty Plea
  The court held that the district court did not violate Rule 11 by failing to explicitly warn the defendant of the potential consequences of probation revocation, as the record showed the defendant understood the potential severity of a sentence upon revocation.
• Smith v. Cady
  452 F.2d 141· 7th Cir.· 1971-10-05 ·cited 2×·via Voluntary And Intelligent Guilty Plea
  The court held that the petitioner waived his right to challenge the juvenile waiver proceedings by pleading guilty in adult court with the assistance of competent counsel.
• Sexton v. United States
  446 F.2d 862· 5th Cir.· 1971-08-19 ·cited 2×·via Coerced Guilty Plea
  The court held that the district court did not err in denying the prisoner's motion to vacate his sentence without a hearing.
• Hayes v. Smith
  447 F.2d 488· 5th Cir.· 1971-08-16 ·cited 2×·via Coerced Guilty Plea
  A knowing and voluntary guilty plea waives all prior non-jurisdictional defects, including those alleged by the appellant.
• Lake v. Hale
  440 F.2d 1191· 5th Cir.· 1971-03-15 ·cited 2×·via Coerced Guilty Plea
  The court held that the district court erred in denying habeas relief for the assault conviction without an adequate record and may need to conduct an evidentiary hearing.
• United States ex rel. Justo Elias v. McKENDRICK
  439 F.2d 771· 2d Cir.· 1971-03-04 ·cited 2×·via Coerced Guilty Plea
  The court held that the sentence imposed after a guilty plea was not unconstitutional, despite the judge's prior belief that a lighter sentence would be appropriate, and that the plea was not coerced.
• Burton v. United States
  438 F.2d 1089· 6th Cir.· 1971-02-25 ·cited 2×·via Coerced Guilty Plea
  The court held that the petitioner's claims of coerced guilty plea due to fear of the death penalty were not credible and were contradicted by the record, thus denying relief under 28 U.S.C. § 2255.
• Abner Lynch v. Henderson
  438 F.2d 977· 5th Cir.· 1971-02-17 ·cited 2×·via Coerced Guilty Plea
  A coerced guilty plea cannot be the product of a free and rational choice, and allegations of such coercion state a claim for relief.
• United States ex rel. Francis Monahan v. McMANN
  432 F.2d 778· 2d Cir.· 1970-09-23 ·cited 2×
  A guilty plea can only be collaterally attacked if counsel's advice was incompetent, which was not alleged here.
• Kearns v. Field
  432 F.2d 68· 9th Cir.· 1970-07-29 ·cited 2×
  The judgment must be reversed because the state court record, crucial for determining if the guilty plea was induced by an unfulfilled promise, was not provided to the district court.
• Oma D. Claunch, Jr. v. Page
  427 F.2d 841· 10th Cir.· 1970-06-15 ·cited 2×·via Voluntary And Intelligent Guilty Plea
  The court held that the petitioner's voluntary guilty plea, entered with competent counsel, waived any prior procedural defects in the juvenile certification proceedings.