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

• Leahy v. Eger
  Fla. 2d DCA· 2026-06-19
  A defendant seeking summary judgment who does not bear the burden of proof at trial must either affirmatively present evidence disproving the nonmovant's claim or show the nonmovant has no evidence to prove it; here, the public defender failed to meet this burden by addressing a
• Wells v. State
  Fla. 5th DCA· 2026-05-08
  A trial court's amended sentence must clearly and fully document that a defendant's sentence runs concurrently with sentences in other cases when that was the essential term of the negotiated plea agreement.
• Fleming v. State of Del.
  Del.· 2026-01-15
  Leroy Fleming appealed the denial of his postconviction motion for relief based on ineffective assistance of counsel. The Delaware Supreme Court affirmed the Superior Court's denial, finding Fleming failed to demonstrate that his counsel's performance was deficient or that he wou
• Perez-Diaz v. Sec'y, Dep't of Corr.
  M.D. Fla.· 2025-12-29 ·via Voluntary And Intelligent Guilty Plea
  The court denied the petition for writ of habeas corpus, finding that the petitioner's claims were either not cognizable, waived by his guilty plea, or failed to meet the stringent standards for relief under AEDPA.
• Espinosa v. State
  Fla. 3d DCA· 2025-12-10 ·via Coerced Guilty Plea
  A defendant's guilty plea is not rendered involuntary merely because he felt in a difficult situation, and where the trial court conducted an evidentiary hearing and found no coercion and effective assistance of counsel, the appellate court will affirm if competent substantial ev
• Rodriguez v. State
  Fla. 3d DCA· 2025-04-09
  A defendant fails to establish the prejudice prong of Strickland v. Washington when challenging a guilty plea based on counsel's failure to advise about the Jimmy Ryce Act, because the Act's consequences are collateral rather than direct consequences of the plea.
• Cooper Michael Sauls v. State
  Fla. 5th DCA· 2025-04-04
  The narrow fundamental error exception to the preservation requirement for involuntary pleas applies only to juveniles who enter uncounseled pleas without valid waivers of counsel, not to represented juveniles. Because the defendant was represented by counsel when he entered his
• Jones v. United States
  M.D. Fla.· 2025-03-27
  The court held that the petitioner's counsel provided effective assistance and that his guilty plea was knowing and voluntary, despite claims of inadequate advice regarding sentencing.
• Delapena v. Fla. Dep't of Corr.
  S.D. Fla.· 2025-02-03 ·via Voluntary And Intelligent Guilty Plea
  Damion Anthony Delapena sought federal habeas relief through a § 2254 petition challenging his convictions for multiple robberies and assault, arguing that his trial counsel rendered ineffective assistance by advising him that a motion to suppress would be meritless, that downwar
• Brown v. Sec'y, Dep't of Corr.
  M.D. Fla.· 2025-01-23 ·via Voluntary And Intelligent Guilty Plea
  The court held that the petitioner failed to demonstrate that the state court's decision was contrary to or an unreasonable application of clearly established federal law, or an unreasonable determination of fact, and thus denied his petition for a writ of habeas corpus.
• Okwor v. State
  Fla. 4th DCA· 2024-12-11
  The Fourth District Court of Appeal reversed Emmanuel Okwor's revocation of probation and community control because the trial court attempted to revoke his supervision based on standard probation conditions that were neither orally pronounced at sentencing nor included in the wri
• Okwor v. State
  Fla. 4th DCA· 2024-12-11
  The Fourth District Court of Appeal reversed Emmanuel Okwor's probation revocation because the trial court imposed standard conditions of probation that were neither orally pronounced at sentencing nor included in the written sentencing order, violating due process requirements.
• Okwor v. State
  Fla. 4th DCA· 2024-12-11
  A revocation of probation cannot be based on conditions of probation that are neither orally pronounced at sentencing nor included in the written sentencing order, even if the conditions are statutorily authorized or standard.
• Tay v. Sec'y, Dep't of Corr. (Polk County)
  M.D. Fla.· 2024-11-27 ·via Voluntary And Intelligent Guilty Plea
  George Tay challenged his state court convictions for possessing 100 counts of child pornography by filing a federal habeas petition claiming ineffective assistance of counsel. The federal district court denied Tay's petition after finding that trial counsel's performance was not
• Levin v. Sec'y, Fla. Dep't of Corr. (Nassau County)
  M.D. Fla.· 2024-08-07 ·via Voluntary And Intelligent Guilty Plea
  Joseph Luis Levin, an inmate serving a 44-year sentence for six counts of lewd or lascivious battery, one count of soliciting a child via computer, and one count of traveling to meet a minor, challenged his convictions in a federal habeas corpus petition, raising claims of incomp
• Abdul v. Conner
  S.D. Fla.· 2024-06-13
  Jabbaar Mujaahid Abdul challenged his Florida conviction and sentence through federal habeas corpus, raising four grounds including claims of prosecutorial Brady violations, ineffective assistance of counsel, structural defects, and an alleged conflict of interest with his public
• Vinzett Lamar Watkins v. State
  Fla. 5th DCA· 2024-06-07
  The trial court properly summarily denied the claim that counsel was ineffective for failing to file a motion to disqualify the judge, but improperly summarily denied claims that counsel was ineffective for failing to argue forgery and that the plea was involuntary due to lack of
• Jenkins v. State
  Fla. 2d DCA· 2024-05-08
  The postconviction court's denial of ground one of Jenkins' rule 3.850 motion was reversed because the court failed to address Jenkins' claim that counsel did not inform him the victim had denied any inappropriate touching during a forensic interview, and the court did not conduc
• Stevens v. Sec'y, Dep't of Corr. (Pinellas)
  M.D. Fla.· 2024-03-14 ·via Coerced Guilty Plea
  The court held that the petitioner's claims for federal habeas relief were meritless and denied the petition.
• Moreno v. State
  Fla. 1st DCA· 2024-03-13
  A defendant who enters a no contest plea without reserving any issues for appeal may only appeal limited categories of claims, including lack of subject matter jurisdiction, violation of the plea agreement, an involuntary plea, sentencing error, or other issues provided by law. M
• Tull v. Sec'y, Dep't of Corr.
  M.D. Fla.· 2024-03-11 ·via Voluntary And Intelligent Guilty Plea
  The court denied the petition for a writ of habeas corpus, finding that the petitioner's claims were either not cognizable, procedurally defaulted, or failed on the merits under AEDPA review.
• Gillette v. State
  Fla. 2d DCA· 2024-02-07
  The appellate court reversed a trial court's order revoking probation and imposing a prison sentence. The court found that the trial court improperly dismissed the defendant's motions to withdraw his guilty plea, which were timely filed and contained allegations sufficient to war
• Thompson v. Sec'y, Dep't of Corr. (Sarasota County)
  M.D. Fla.· 2023-12-04 ·via Voluntary And Intelligent Guilty Plea
  The court denied the petition for a writ of habeas corpus, finding the petitioner's claim of ineffective assistance of counsel was refuted by the record.
• Hauser v. State
  Fla. 1st DCA· 2023-11-29
  A challenge to the voluntary nature of a guilty plea based on alleged trial counsel ineffectiveness is not preserved for appellate review without a motion to withdraw the plea, and no fundamental-error exception applies.
• White v. State
  Fla. 1st DCA· 2023-10-04
• Sapp v. State
  372 So. 3d 768· Fla. 1st DCA· 2023-09-20
  The appellate court affirmed the denial of a postconviction relief claim, holding that a defendant claiming ineffective assistance of counsel for failing to reserve an appeal issue after a no-contest plea must allege that they would not have pleaded guilty or that the plea was in
• F. L. B. v. State
  Fla. 1st DCA· 2023-07-05
• Emerson v. State
  Fla. 1st DCA· 2023-06-28
  The appellate court affirmed a sentence for a defendant who pleaded nolo contendere, ruling that he failed to preserve his claim of fundamental error regarding the lack of a competency hearing before sentencing. The court emphasized that such claims must be preserved through spec
• Emerson v. State
  Fla. 1st DCA· 2023-06-28
  The appellate court affirmed a defendant's sentence, holding that he failed to preserve his claim of fundamental error regarding the lack of a competency hearing before sentencing. The court emphasized that such claims, even if fundamental, must be preserved through specific proc
• Ionut Raducan v. State
  Fla. 6th DCA· 2023-03-03
  The appellate court affirmed a defendant's convictions, holding that his claim of ineffective assistance of counsel regarding immigration consequences was not properly preserved for a direct appeal. The court emphasized the procedural requirements for raising such claims.
• Richie Kittles v. State
  Fla. 4th DCA· 2023-02-22
  A pro se defendant who challenges the voluntariness of a plea agreement on appeal must file a pre-appeal motion to withdraw the plea, and the juvenile exception established in State v. T.G. does not extend to adult defendants.
• Richie Kittles v. State
  Fla. 4th DCA· 2023-02-22
  The appellate court affirmed a defendant's plea agreement, ruling that he failed to properly preserve his claim that his waiver of counsel was inadequate. The court clarified that the exception for juveniles in a prior case does not apply to adults, and a motion to withdraw the p
• Duke v. Sec'y, Dep't of Corr. (Clay County)
  M.D. Fla.· 2023-02-21
  The court stayed and administratively closed the habeas corpus action, requiring the petitioner to file an amended petition addressing all claims related to his conviction and resentencing.
• Pitts v. Sec'y, Dep't of Corrections(Pinellas County)
  M.D. Fla.· 2022-09-23 ·via Voluntary And Intelligent Guilty Plea
  Charles Pitts challenged his state convictions for sexual battery, false imprisonment, and domestic battery by strangulation through a federal habeas corpus petition, alleging ineffective assistance of counsel. The court denied the petition, finding that Pitts's guilty plea was k
• State v. Courtnei Alexis Bryant
  Fla. 1st DCA· 2022-06-22
  The appellate court reversed a trial court's decision to deny restitution to a victim. The trial court had ruled that a self-imposed sixty-day deadline for determining the restitution amount had passed, divesting it of jurisdiction. The appellate court held that Florida law does
• Parker v. Sec'y, Dep't of Corr. (St. Johns County)
  M.D. Fla.· 2022-05-03
  The court held that the petitioner's claims were procedurally defaulted and/or failed to meet the high bar for federal habeas relief under AEDPA, and that the state court's denial of relief was not contrary to or an unreasonable application of federal law.
• Williams v. Sec'y, Dep't of Corr. (Flagler County)
  M.D. Fla.· 2022-04-05
  The court held that the state court's adjudication of the ineffective assistance of counsel claim was not contrary to federal law and denied habeas relief.
• Robles v. State
  Fla. 2d DCA· 2022-03-18
  The appellate court reversed a lower court's denial of a motion to withdraw a plea. The court found that the defendant's plea was involuntary because the trial court failed to properly advise her of her right to appointed counsel before she entered her plea, constituting a manife
• DiMaria v. United States
  S.D. Fla.· 2022-03-03 ·via Voluntary And Intelligent Guilty Plea
  The court adopted the Magistrate Judge's Report and Recommendation, denying the motion to vacate sentence and refusing to issue a certificate of appealability.
• Briggs v. State
  Fla. 4th DCA· 2022-02-16
  Appellant sought to withdraw his nolo contendere plea post-sentencing, claiming his attorney failed to inform him of youthful offender status eligibility. The trial court denied the motion without an evidentiary hearing, and the appellate court affirmed, finding appellant failed
• Briggs v. State
  Fla. 4th DCA· 2022-02-16
• Giovani Guerra v. State
  Fla. 4th DCA· 2022-01-12
  Appellant Giovani Guerra appealed two trial court orders: one denying jail credit and another denying his motion to withdraw a guilty plea for lewd and lascivious molestation. The appellate court dismissed the appeal of the first order as untimely but reversed the second order, f
• Cook v. Sec'y, Dep't of Corr. (Pinellas County)
  M.D. Fla.· 2021-12-01 ·via Voluntary And Intelligent Guilty Plea
  Royce W. Cook pleaded guilty to two counts of attempted capital sexual battery and four counts of sexual battery in exchange for a negotiated 25-year sentence. On federal habeas review, Cook challenged his conviction by asserting ineffective assistance of counsel claims, includin
• Itanzhia Jarariyah-Waliya Bowie v. State
  Fla. 1st DCA· 2021-10-06
  The appellate court affirmed the conviction, holding that the defendant failed to preserve the issue of competency for appeal. The court referenced a supreme court decision that eliminated the fundamental-error exception for competency claims not properly preserved.
• Jackson v. Sec'y of the Fla. Dep't of Corr. (Duval County)
  M.D. Fla.· 2021-08-03
  Howard James Jackson, a Florida prisoner convicted of attempted murder in the first degree, petitioned for federal habeas corpus relief under 28 U.S.C. § 2254, raising nine grounds based on claims of ineffective assistance of counsel related to his guilty plea. The U.S. District
• Rackley, III v. Sec'y, Dep't of Corr.
  M.D. Fla.· 2021-07-23
  The court held that the petitioner failed to show the state court's decision was contrary to or an unreasonable application of federal law, or based on an unreasonable determination of facts, thus denying habeas relief.
• Mackey v. United States
  S.D. Fla.· 2021-07-21 ·via Voluntary And Intelligent Guilty Plea
  Dynza Mackey, a federal inmate serving a sixty-one-month sentence for identity theft and access device fraud, petitioned under 28 U.S.C. § 2255 to vacate his sentence on grounds including ineffective assistance of counsel. The District Court denied his petition on the merits, fin
• Cato v. State
  Fla. 1st DCA· 2021-06-29
  The appellate court affirmed the denial of a motion to withdraw a guilty plea. The court held that the defendant's sworn testimony at the plea colloquy contradicted his later claims of involuntariness, and that the lack of a written competency order was not reversible error given
• Smith v. State
  Fla. 1st DCA· 2021-03-31
  David A. Smith appeals a trial court's denial of his postconviction relief motion challenging the voluntariness of his guilty plea to capital sexual battery. Smith claimed he did not adequately understand the elements of the crime and the State's ability to prove penetration. The
• Heath L. Kramer v. State
  Fla. 1st DCA· 2021-03-10
  Kramer appeals his convictions for sexual battery, lewd or lascivious molestation, and drug offenses following his open plea. The court affirms his convictions and sentences, finding no reversible error on direct appeal and rejecting his double jeopardy and sentencing process arg