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

• Daugherty v. United States
  426 F.2d 263· 6th Cir.· 1970-05-14 ·cited 2×
  A petitioner is entitled to an evidentiary hearing if their allegations, if true, would entitle them to relief, even without naming witnesses or detailing evidence.
• Salinas v. United States
  424 F.2d 541· 5th Cir.· 1970-04-17 ·cited 2×·via Coerced Guilty Plea
  The court affirmed the denial of the motion to vacate sentence.
• Gibson v. Louie L. Wainwright
  423 F.2d 1110· 5th Cir.· 1970-03-31 ·cited 2×·via Coerced Guilty Plea
  The court held that the district court's credibility determination regarding the voluntariness of the guilty plea was not clearly erroneous.
• Calletano Cisneros, Jr. v. Beto
  423 F.2d 201· 5th Cir.· 1970-03-16 ·cited 2×·via Voluntary And Intelligent Guilty Plea
  A habeas corpus petitioner who pleads guilty does not require an evidentiary hearing if the plea was voluntary and understood.
• Aguilar v. Field
  423 F.2d 271· 9th Cir.· 1970-03-06 ·cited 2×·via Coerced Guilty Plea
  The court held that the trial court did not err in denying a habeas corpus petition without a hearing because the allegations did not establish a need for one.
• Devers v. People OF the State OF Cal. & Lawrence F. Wilson
  422 F.2d 1263· 9th Cir.· 1970-02-06 ·cited 2×·via Coerced Guilty Plea
  The court held that the district court's findings were not clearly erroneous and that the burden was on the petitioner to produce favorable evidence.
• Sinclair Johnson v. Lamont Smith
  414 F.2d 645· 5th Cir.· 1969-07-09 ·cited 2×·via Coerced Guilty Plea
  The court held that a habeas corpus petitioner's claim of coerced guilty plea due to attorney misrepresentation regarding suppressed evidence was without merit, as the attorney's advice was factually correct and the alleged misrepresentation did not constitute state action.
• McCALL v. State
  224 So. 2d 370· Fla. 4th DCA· 1969-06-30 ·cited 2×·via Coerced Guilty Plea
  A defendant is entitled to a hearing on a motion to vacate a conviction if they raise factual questions about a coerced guilty plea or unrefuted claims of coercion.
• Harrel Wayne Hardin v. United States
  410 F.2d 146· 5th Cir.· 1969-04-16 ·cited 2×·via Coerced Guilty Plea
  The court held that the district court did not err in denying the motion to vacate the sentence, as the evidence refuted the appellant's claims.
• Gray v. Henderson
  403 F.2d 59· 6th Cir.· 1968-11-07 ·cited 2×·via Coerced Guilty Plea
  The court held that the petitioner's claims of ineffective assistance of counsel and coerced guilty plea did not present federal constitutional issues.
• Holloway v. Dutton
  396 F.2d 127· 5th Cir.· 1968-06-10 ·cited 2×·via Coerced Guilty Plea
  The court held that the district court erred in denying a habeas corpus petition without a hearing, as the petitioner's allegations were sufficient to warrant one.
• Efran Vizcarra-Delgadillo v. United States
  395 F.2d 70· 9th Cir.· 1968-04-26 ·cited 2×·via Voluntary And Intelligent Guilty Plea
  The court held that the defendant received effective assistance of counsel, as the attorney's investigation, though limited, was sufficient given the circumstances and the client's admissions.
• Bennett v. State
  203 So. 2d 211· Fla. 2d DCA· 1967-10-18 ·cited 2×·via Coerced Guilty Plea
  The appellate court reversed the denial of a post-conviction relief motion, holding that the defendant was entitled to an evidentiary hearing on his claim that his guilty plea was coerced by police, even though he was represented by counsel.
• United States ex rel. Guiseppe LO Piccolo v. Hon. J. Edwin LaVALLEE
  377 F.2d 221· 2d Cir.· 1967-05-05 ·cited 2×·via Coerced Guilty Plea
  The court held that the denial of a further hearing and the finding that the plea was voluntary were proper.
• Coleman v. State
  193 So. 2d 6· Fla. 3d DCA· 1966-12-13 ·cited 2×·via Coerced Guilty Plea
  This case involves an appeal from the denial of a motion for post-conviction relief. The defendant, who pleaded guilty to rape and was sentenced to life imprisonment, alleged incompetent counsel and coercion. The appellate court affirmed the denial, finding the trial judge's conc
• Brown v. State
  190 So. 2d 405· Fla. 3d DCA· 1966-10-05 ·cited 2×·via Coerced Guilty Plea
  The court held that the trial judge did not err in denying the motion to vacate judgment and sentence.
• Whitley v. State OF N.C.
  357 F.2d 75· 4th Cir.· 1966-02-07 ·cited 2×·via Coerced Guilty Plea
  The court held that the District Court erred in dismissing the habeas corpus petition for failure to exhaust state remedies, as the state court had already considered the petitioner's constitutional claims.
• United States v. DAY
  353 F.2d 123· 6th Cir.· 1965-11-19 ·cited 2×·via Coerced Guilty Plea
  The court affirmed the denial of the motion to vacate sentence, finding no denial of effective assistance of counsel or coercion into a guilty plea.
• Bailey v. United States
  267 F.2d 647· D.C. Cir.· 1959-04-09 ·cited 2×·via Coerced Guilty Plea
  The court held that the petitioner failed to establish that his guilty plea was coerced or that he received ineffective assistance of counsel.
• Williams v. Swope
  186 F.2d 897· 9th Cir.· 1951-01-22 ·cited 2×·via Voluntary And Intelligent Guilty Plea
  The court held that the petitioner intelligently and voluntarily waived his right to counsel, and the sentencing judge fulfilled his duty to protect the petitioner's constitutional rights.
• Romerio L. Walker, SR. v. State
  Fla. 6th DCA· 2026-05-22 ·cited 1×
  When a defendant alleges ineffective assistance of counsel for failing to preserve a right to appeal, the trial court must conduct an evidentiary hearing if the record does not conclusively refute the defendant's allegations that he would not have pleaded guilty but for counsel's
• Glaubius v. State
  401 So. 3d 580· Fla. 2d DCA· 2025-01-03 ·cited 1×
  DUI manslaughter and vehicular homicide are separate offenses under the Blockburger test and may be imposed for a single death; the single homicide rule is no longer applicable under Florida law. Special conditions of probation not orally pronounced at sentencing must be stricken
• Derrick v. Hoskin
  341 So. 3d 443· Fla. 3d DCA· 2022-06-15 ·cited 1×
  A postconviction motion to withdraw a plea based on ineffective assistance of counsel that is untimely under Rule 3.170(l) (30-day deadline) may be timely and cognizable under Rule 3.850(a)(5) (two-year deadline), and the trial court must consider it under the latter rule rather
• Mikkia Lewis v. State
  306 So. 3d 399· Fla. 5th DCA· 2020-11-12 ·cited 1×
• Jamerson v. State
  291 So. 3d 638· Fla. 5th DCA· 2020-02-27 ·cited 1×·via Voluntary And Intelligent Guilty Plea
  John Jamerson pleaded no contest to firearm and evidence tampering charges and appealed the trial court's denial of his motion to suppress un-Mirandized statements. The court affirmed despite recognizing that the trial judge affirmatively misled Jamerson into believing he could a
• Vito v. State
  270 So. 3d 1287· Fla. 1st DCA· 2019-05-21 ·cited 1×
  A defendant who fails to raise the argument in his motion to withdraw a guilty plea that the trial court did not comply with Rule 3.172(c) does not preserve that argument for appeal. Even if preserved, the failure to follow Rule 3.172 procedures does not render a plea void absent
• Culver v. State
  264 So. 3d 1101· Fla. 2d DCA· 2019-02-15 ·cited 1×
  Donald Culver challenges the trial court's summary denial of his motion to withdraw his guilty plea to a probation violation, alleging that his defense counsel misrepresented the credits he would receive and the effect of the plea deal. The appellate court reversed and remanded,
• Cendejas v. State
  250 So. 3d 851· Fla. 2d DCA· 2018-07-13 ·cited 1×
  A signed, written plea agreement is insufficient by itself to conclusively refute a defendant's claim that his plea was involuntary due to counsel's misadvice regarding sentence terms; a transcript of the plea colloquy is necessary to determine whether the defendant understood th
• Tubbs v. State
  229 So. 3d 1256· Fla. 1st DCA· 2017-11-08 ·cited 1×
  Jerald Tubbs appeals the denial of his motion to withdraw a guilty plea, arguing the plea was involuntary because the trial court conditioned acceptance of the negotiated plea on his waiver of appellate rights. The appellate court reversed, holding that Tubbs stated a facially su
• Moody v. State
  210 So. 3d 748· Fla. 5th DCA· 2017-02-10 ·cited 1×
  The court held that the defendant was entitled to an evidentiary hearing on his motion to withdraw his nolo contendere plea because he sufficiently alleged an involuntary plea due to a Brady violation.
• Davis v. State
  139 So. 3d 932· Fla. 2d DCA· 2014-05-23 ·cited 1×
  Robert Davis appealed the denial of his motion to withdraw his guilty plea under Florida Rule of Criminal Procedure 3.850, claiming his plea was involuntary because he was under the influence of heavy psychotropic medication. The court affirmed the denial of two grounds but rever
• Morales v. State
  69 So. 3d 1086· Fla. 2d DCA· 2011-09-23 ·cited 1×
  Jose Luis Morales appealed the denial of his Rule 3.850 postconviction motion, claiming his guilty plea was involuntary due to counsel's misadvice about his sentence length. The court reversed and remanded on the claim regarding counsel's misrepresentation of gaintime credits, fi
• D.J.P., JR. v. State
  67 So. 3d 1077· Fla. 2d DCA· 2011-07-08 ·cited 1×
  A defendant who enters a plea while reserving the right to appeal the denial of a pretrial motion may not appeal that denial unless the trial court expressly found the motion to be dispositive, and the State's representations that other evidence existed to prove the charges defea
• Carruthers v. State
  42 So. 3d 337· Fla. 4th DCA· 2010-08-18 ·cited 1×
  Joseph Carruthers appealed the summary denial of his Rule 3.850 postconviction relief motion challenging his nolo contendere plea to a habitual felony offender conviction with a mandatory minimum prison sentence. The Fourth District reversed, finding that certain claims regarding
• Deck v. State
  985 So. 2d 1234· Fla. 2d DCA· 2008-07-18 ·cited 1×
  Danny K. Deck appeals the summary denial of his Rule 3.850 postconviction motion raising thirteen grounds for relief. The court affirmed summary denials of some grounds but reversed and remanded several others, finding that Deck stated facially sufficient claims for ineffective a
• Lopez v. State
  987 So. 2d 750· Fla. 3d DCA· 2008-07-09 ·cited 1×
  Raymond Lopez appealed the trial court's denial of his successive motion for post-conviction relief, in which he alleged ineffective assistance of counsel regarding scoresheet errors and guideline calculations that allegedly rendered his guilty plea involuntary. The appellate cou
• DeMONIA v. State
  966 So. 2d 22· Fla. 2d DCA· 2007-08-10 ·cited 1×
  The court held that the record did not conclusively refute the defendant's claim that her counsel's misadvice rendered her plea involuntary, requiring an evidentiary hearing.
• Carter v. State
  920 So. 2d 129· Fla. 4th DCA· 2006-01-25 ·cited 1×
• Gregg v. State
  839 So. 2d 794· Fla. 4th DCA· 2003-02-19 ·cited 1×
  The court held that the appellant's allegations stated a sufficient claim for withdrawal of his plea due to being based on a mistaken understanding of the sentencing range, and that counsel may have been ineffective.
• AMENDMENT TO THE FLA. RULES OF APP. PROCEDURE (RULE 9.142)
  837 So. 2d 911· Fla.· 2002-10-31 ·cited 1×
  The Florida Supreme Court adopted a new appellate rule, Rule 9.142, to establish unified procedures governing review of death penalty cases, consolidating direct appeal procedures and creating a new mechanism for reviewing nonfinal orders in death penalty postconviction proceedin
• Rodriguez v. State
  792 So. 2d 600· Fla. 2d DCA· 2001-08-15 ·cited 1×
• Brown v. State
  787 So. 2d 170· Fla. 2d DCA· 2001-05-09 ·cited 1×
  The court held that the claim of an involuntary plea due to counsel's assurance is facially sufficient and requires an evidentiary hearing. The claim regarding the failure to timely file a notice of appeal is moot as a belated appeal was granted.
• Fernandez v. State
  780 So. 2d 336· Fla. 3d DCA· 2001-03-28 ·cited 1×
  The court held that the trial court's admonishment regarding potential deportation consequences was insufficient and reversed the denial of the motion for post conviction relief.
• Hunter v. State
  732 So. 2d 10· Fla. 3d DCA· 1999-04-21 ·cited 1×
  Tony Hunter appealed an order denying his motion to correct an allegedly illegal sentence under Florida Rule of Criminal Procedure 3.800(a). The court affirmed the denial, holding that Hunter's claim was procedurally barred as a Rule 3.850 motion challenging involuntariness of hi
• Gooberman v. State
  697 So. 2d 1014· Fla. 4th DCA· 1997-08-13 ·cited 1×
  Court affirmed denial of post-conviction relief, holding that challenges to DOC gain-time rules must proceed by mandamus petition after administrative exhaustion, not by rule 3.850 motion, and that counsel was not ineffective for failing to anticipate future regulatory changes.
• Ortiz v. State
  622 So. 2d 131· Fla. 3d DCA· 1993-08-03 ·cited 1×
• Augustine L. Perez v. State
  430 So. 2d 553· Fla. 2d DCA· 1983-04-29 ·cited 1×
  The court held that the trial court erred by failing to conduct an evidentiary hearing or attach record portions refuting the allegations of ineffective assistance of counsel and involuntary plea.
• Jones v. State
  237 So. 2d 249· Fla. 1st DCA· 1970-07-09 ·cited 1×
  Appellant Jones challenged his guilty pleas to robbery and aggravated assault, claiming they were coerced by his public defender and the prosecutor. The appellate court affirmed the denial of his motion to vacate, holding that guilty pleas resulting from plea bargains negotiated
• Farmer v. Beto
  421 F.2d 184· 5th Cir.· 1969-12-22 ·cited 1×
  The court held that a guilty plea waives all prior non-jurisdictional defects, and affirmed the denial of the habeas corpus petition.
• Farney v. State
  Fla. 6th DCA· 2026-10-23
  A claim of involuntary plea must be preserved by a motion to withdraw the plea, even where the error is alleged to be fundamental.