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

• Nelfrard v. State
  34 So. 3d 221· Fla. 4th DCA· 2010-05-12 ·cited 51×
  Michael Nelfrard appealed the trial court's summary denial of his motion to withdraw a guilty plea to cocaine possession, claiming ineffective assistance of counsel due to misadvice about sentencing exposure and coercion. The Fourth District Court of Appeal affirmed, holding that
• Skidmore v. State
  688 So. 2d 1014· Fla. 3d DCA· 1997-03-05 ·cited 51×·via Voluntary And Intelligent Guilty Plea
  Daniel Skidmore appealed the summary denial of his Rule 3.850 motion challenging his 30-year sentence imposed after a nolo contendere plea. The court affirmed, holding that because the plea was part of a valid negotiated plea bargain, the sentence was not illegal even though the
• LeDUC v. State
  415 So. 2d 721· Fla.· 1982-06-10 ·cited 51×
  The court held that the trial court erred in denying an evidentiary hearing on the defendant's claims of ineffective assistance of trial counsel and involuntariness of his guilty pleas.
• McCHESNEY v. Henderson
  482 F.2d 1101· 5th Cir.· 1973-07-26 ·cited 51×·via Voluntary And Intelligent Guilty Plea
  A state court guilty plea is valid if intelligently and voluntarily made, even without express articulation of all constitutional rights, and post-conviction evidence can cure a silent trial record.
• Strader v. Garrison
  611 F.2d 61· 4th Cir.· 1979-12-20 ·cited 50×
  A guilty plea induced by a lawyer's gross misadvice regarding parole eligibility, a collateral consequence, is involuntary and violates the constitutional right to effective assistance of counsel.
• United States v. Darrel Dwayne Youpee
  419 F.2d 1340· 9th Cir.· 1969-12-17 ·cited 50×·via Voluntary And Intelligent Guilty Plea
  The court held that the district court did not abuse its discretion in denying the motion to withdraw the guilty plea, nor did it err in its compliance with Rule 11 or in denying separate counsel.
• Maxwood Clarence Brumley v. State
  224 So. 2d 447· Fla. 4th DCA· 1969-06-30 ·cited 50×·via Coerced Guilty Plea
  Brumley appealed denial of a motion to vacate his guilty pleas and sentences for escape and robbery, alleging he was coerced by sheriff's deputies who threatened capital kidnapping charges and to make his gunshot wound fatal. The court held that allegations of coercion by law enf
• THE FLA. BAR RE AMENDMENT TO RULES OF CRIM. PROCEDURE (RULE 3.850)
  460 So. 2d 907· Fla.· 1984-11-30 ·cited 49×
  The Court amended Rule of Criminal Procedure 3.850, establishing new procedures and time limitations for motions to vacate, set aside, or correct sentences.
• Bates v. State
  818 So. 2d 626· Fla. 1st DCA· 2002-06-06 ·cited 48×
  Gerald Lynn Bates appeals the summary denial of his rule 3.850 motion for post-conviction relief, claiming his trial counsel misadvised him about sentence-enhancing consequences of his guilty plea and failed to file a suppression motion. The First District affirms the denial on b
• Blake v. State
  807 So. 2d 772· Fla. 2d DCA· 2002-02-20 ·cited 48×
  Scott Blake appealed the summary denial of his postconviction motion for jail credit across multiple cases. The court affirmed the denial but without prejudice, allowing Blake to refile his motion with proper factual allegations regarding bond status or ineffective assistance of
• Trowell v. State
  706 So. 2d 332· Fla. 1st DCA· 1998-01-20 ·cited 48×·via Voluntary And Intelligent Guilty Plea
  Ronald Trowell appeals the denial of his motion for post-conviction relief and belated appeal following his guilty plea to armed burglary and first-degree murder. The court holds that a defendant is entitled to a belated appeal based solely on whether he timely requested an appea
• Johnson v. Beto
  466 F.2d 478· 5th Cir.· 1972-08-25 ·cited 48×
  A guilty plea induced by a prosecutor's promise, even if the prosecutor cannot guarantee the sentence, is involuntary and subject to collateral attack.
• Bover v. State
  732 So. 2d 1187· Fla. 3d DCA· 1999-04-28 ·cited 47×
  Jesus Bover sought to challenge his habitual offender adjudication via Rule 3.800(a) motion, arguing that his predicate offenses did not satisfy the sequential conviction rule. The Florida District Court of Appeal held that habitual offender adjudication challenges must be brough
• Downs-Morgan v. United States
  765 F.2d 1534· 11th Cir.· 1985-07-23 ·cited 47×·via Voluntary And Intelligent Guilty Plea
  The court agrees that the defendant should have an evidentiary hearing to determine if his guilty plea resulted from ineffective assistance of counsel.
• Winters v. Cook
  489 F.2d 174· 5th Cir.· 1973-11-28 ·cited 47×·via Voluntary And Intelligent Guilty Plea
• Scott v. United States
  434 F.2d 11· 5th Cir.· 1970-11-02 ·cited 47×
  The court held that the petitioner's guilty plea was not coerced and that the federal sentence was validly imposed.
• Rowe v. Peyton
  383 F.2d 709· 4th Cir.· 1967-08-28 ·cited 47×
  The writ of habeas corpus is available to state prisoners seeking to attack future sentences, even if those sentences have no present effect on parole eligibility, because the prisoners are substantively in custody for all consecutive sentences.
• Euziere v. United States
  249 F.2d 293· 10th Cir.· 1957-10-26 ·cited 46×·via Coerced Guilty Plea
  The court held that the trial judge's statements to the defendants were reasonably calculated to coerce them into pleading guilty, thus rendering the plea involuntary.
• Paradiso v. United States
  689 F.2d 28· 2d Cir.· 1982-09-21 ·cited 44×
  The court held that the defendant's plea was not rendered involuntary by a technical violation of the plea agreement, as his reasonable expectations regarding the maximum sentence were met.
• McCOY v. United States
  363 F.2d 306· D.C. Cir.· 1966-06-09 ·cited 44×·via Voluntary And Intelligent Guilty Plea
  The court held that a judge must consider all evidence to determine if there is a factual basis for a guilty plea, not just an admission of guilt.
• Barrientos v. United States
  668 F.2d 838· 5th Cir.· 1982-02-26 ·cited 43×
  The court affirmed the denial of post-conviction relief, holding that the defendant did not demonstrate an actual conflict of interest affecting his counsel's performance, his guilty plea was voluntary, and the failure to appeal after a guilty plea does not constitute ineffective
• Braddy Williams v. State
  919 So. 2d 645· Fla. 4th DCA· 2006-01-25 ·cited 42×·via Coerced Guilty Plea
  A trial court need not hold an evidentiary hearing on a motion to withdraw a guilty plea when the defendant's allegation of coercion is conclusively refuted by the record of the plea colloquy.
• LaMarr Love v. State
  814 So. 2d 475· Fla. 4th DCA· 2002-03-20 ·cited 42×
  LaMarr Love appealed the summary denial of his Rule 3.850 motion challenging his 1987 nolo contendere plea to attempted cocaine trafficking. The court reversed in part and affirmed in part, holding that Love's claim of involuntary plea based on counsel's affirmative misadvice was
• State v. Perry
  786 So. 2d 554· Fla.· 2001-04-19 ·cited 42×·via Voluntary And Intelligent Guilty Plea
  The Florida Supreme Court addresses whether a writ of error coram nobis is available to challenge the voluntariness and intelligence of a guilty plea based on facts that were unknown or unknowable at the time of sentencing. The Court holds that coram nobis relief is available for
• Albino Perriello v. State
  684 So. 2d 258· Fla. 4th DCA· 1996-12-04 ·cited 42×·via Voluntary And Intelligent Guilty Plea
  A written plea agreement warning of deportation consequences does not substitute for the trial judge's mandatory oral admonition in court.
• Siegel v. State
  586 So. 2d 1341· Fla. 5th DCA· 1991-10-10 ·cited 42×
  Jacob Siegel appealed from summary denial of his rule 3.850 post-conviction relief motion, claiming his guilty plea was involuntary and his counsel was ineffective. The court affirmed the denial of the ineffective assistance claim but reversed the denial of the involuntary plea c
• United States v. Molina-Uribe
  853 F.2d 1193· 5th Cir.· 1988-08-24 ·cited 42×·via Voluntary And Intelligent Guilty Plea
  The court held that the supervised release term imposed for Count One was illegal and must be vacated, but the conviction on Count One is affirmed. The court also held that the plea on Count Two must be set aside due to the trial court's failure to properly advise the defendant o
• Williams v. State
  717 So. 2d 1066· Fla. 2d DCA· 1998-08-14 ·cited 41×
  James Williams challenged his guilty pleas to armed robbery, attempted armed robbery, and attempted first-degree murder, claiming his trial counsel was ineffective for failing to move to suppress evidence. The court reversed the trial court's denial of his postconviction motion,
• Montgomery v. State
  615 So. 2d 226· Fla. 5th DCA· 1993-03-05 ·cited 41×
  Charles Montgomery appealed the denial of his Rule 3.850 post-conviction motion challenging the voluntariness of his guilty plea to drug charges. The court reversed and remanded, holding that Montgomery's allegations that counsel promised him a shorter sentence were not conclusiv
• McCOY v. State
  598 So. 2d 169· Fla. 1st DCA· 1992-04-29 ·cited 41×
  Richard McCoy appealed the denial of two motions for post-conviction relief challenging his guilty plea and sentence for attempted armed robbery as a habitual violent felony offender. The court reversed the denial of the first motion regarding ineffective assistance of counsel cl
• United States v. Hammerman
  528 F.2d 326· 4th Cir.· 1975-10-29 ·cited 41×
  A guilty plea induced by a prosecutor's misrepresentation that the court would accept a sentencing recommendation is involuntary and grounds for withdrawal of the plea.
• Woodly v. State
  937 So. 2d 193· Fla. 4th DCA· 2006-08-23 ·cited 40×
  Tyrone Woodly appeals the trial court's denial of his motion to withdraw his guilty plea without an evidentiary hearing. The appellate court affirmed, finding that the record conclusively refuted each of his allegations of involuntariness.
• Collins v. State
  859 So. 2d 1244· Fla. 5th DCA· 2003-11-14 ·cited 40×
  Calvin Collins, an inmate in Georgia, filed a pro se petition for writ of habeas corpus in a Florida trial court challenging his 1996 guilty plea to cocaine possession on grounds of ineffective assistance of counsel and involuntariness of the plea. The court affirmed the denial o
• Rackley v. State
  571 So. 2d 533· Fla. 1st DCA· 1990-12-11 ·cited 40×
  Rackley appeals the trial court's summary denial of his post-conviction motion alleging ineffective assistance of counsel regarding a guilty plea to cocaine sale with habitual offender sentencing. The appellate court reversed in part, finding that certain gain-time claims could n
• United States ex rel. Wilbert Ross v. McMANN
  409 F.2d 1016· 2d Cir.· 1969-02-26 ·cited 38×
  The dissenting opinion argues that voluntary guilty pleas, entered on advice of counsel, waive all prior non-jurisdictional defects. It contends that the Supreme Court's decision in Jackson v. Denno, which requires hearings on the voluntariness of confessions used at trial, shoul
• United States ex rel. Albert B. Crosby v. Brierley
  404 F.2d 790· 3d Cir.· 1968-12-09 ·cited 38×·via Voluntary And Intelligent Guilty Plea
  A guilty plea to murder is invalid if not voluntarily and intelligently made with full understanding of the consequences, especially when the defendant's testimony injects a claim of self-defense, which is a factual issue for a jury.
• Dorrough v. United States
  385 F.2d 887· 5th Cir.· 1967-09-15 ·cited 38×·via Voluntary And Intelligent Guilty Plea
  A guilty plea is invalid if the defendant is not fully informed of all lesser included offenses and their potential penalties, even if the defendant admits to conduct constituting the greater offense.
• Ruff v. State
  840 So. 2d 1145· Fla. 5th DCA· 2003-03-28 ·cited 37×
  The court held that an erroneous scoresheet has no effect on a sentence imposed pursuant to a negotiated plea agreement, but remanded to correct the scoresheet.
• Wofford v. State
  819 So. 2d 891· Fla. 1st DCA· 2002-06-17 ·cited 37×·via Coerced Guilty Plea
  An indigent defendant unrepresented by counsel has a Sixth Amendment right to court-appointed counsel to assist in filing a motion to withdraw a plea after sentencing under Florida Rule of Criminal Procedure 3.170(i), and denial of this right requires reversal per se.
• Eady v. State
  604 So. 2d 559· Fla. 1st DCA· 1992-08-28 ·cited 37×
  Gregory Eady appeals the denial of his post-conviction relief motion challenging a 35-year negotiated guilty plea sentence for second-degree murder. The court reverses and remands because Eady's allegations of counsel's misrepresentations about provisional credits and early relea
• Wellnitz v. Bay H. Page
  420 F.2d 935· 10th Cir.· 1970-01-26 ·cited 36×·via Coerced Guilty Plea
  An erroneous sentence estimate by defense counsel, or a defendant's erroneous expectation based on such an estimate, does not render a guilty plea involuntary.
• Rogers v. Louie L. Wainwright
  394 F.2d 492· 5th Cir.· 1968-05-17 ·cited 36×·via Coerced Guilty Plea
  The court held that the district court did not err in denying habeas corpus relief without a hearing because the petitioner's guilty plea was voluntary and the sentences were concurrent.
• Jones v. State
  165 So. 2d 191· Fla. 2d DCA· 1964-06-10 ·cited 36×·via Coerced Guilty Plea
  A defendant alleging coercion into a guilty plea is entitled to a hearing, even if the allegations may seem difficult to prove.
• Baxter v. Estelle
  614 F.2d 1030· 5th Cir.· 1980-04-03 ·cited 35×·via Coerced Guilty Plea
  The court affirmed the denial of habeas corpus relief, finding that claims related to prison disciplinary proceedings were unexhausted, claims regarding prior convictions were barred by laches, and the claim challenging a statutory presumption lacked standing due to a guilty plea
• Johnston v. United States
  254 F.2d 239· 8th Cir.· 1958-04-24 ·cited 35×·via Voluntary And Intelligent Guilty Plea
  The court held that the defendant's guilty plea was voluntary and intelligent, and his claims of ineffective assistance of counsel and lack of evidence were without merit.
• Griffin v. State
  114 So. 3d 890· Fla.· 2013-05-16 ·cited 34×
  Michael Joseph Griffin, convicted of two counts of first-degree murder and sentenced to death, appealed his conviction and sentence, raising claims of ineffective assistance of counsel regarding his guilty plea and penalty phase, Brady violations, and sentence disparity. The Flor
• Searcy v. State
  971 So. 2d 1008· Fla. 3d DCA· 2008-01-09 ·cited 34×
  Ronald Searcy appeals his conviction and fifteen-year sentence resulting from a guilty plea, as well as a six-month direct criminal contempt sentence. The Third District Court of Appeal reversed and remanded on issues regarding denial of counsel at critical stages and improper co
• Long v. State
  529 So. 2d 286· Fla.· 1988-06-30 ·cited 34×
  Robert Joe Long appeals his guilty pleas to multiple first-degree murders and a death sentence in Hillsborough County. The Florida Supreme Court upholds the validity of Long's guilty pleas and affirms his convictions and life sentences, but vacates and remands the death sentence
• United States v. Weber
  429 F.2d 148· 9th Cir.· 1970-07-09 ·cited 34×·via Voluntary And Intelligent Guilty Plea
  A voluntary and intelligent guilty plea, entered with awareness of the law at the time, waives the Fifth Amendment defense to the tax charge, even if later judicial decisions suggest the plea was based on a faulty premise.
• Hood v. United States
  152 F.2d 431· 8th Cir.· 1946-01-03 ·cited 34×·via Voluntary And Intelligent Guilty Plea
  The court held that the denial of the motion to vacate sentences was proper because the appellants' contentions had been previously adjudicated in habeas corpus proceedings and were without merit.