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

• Richardson v. United States
  M.D. Fla.· 2021-02-24
  The court held that the petitioner's claims of ineffective assistance of counsel, defective indictment, and involuntary guilty plea were either procedurally barred, refuted by the record, or lacked merit. Therefore, his motion to vacate sentence was denied.
• State v. Decker
  Fla. 5th DCA· 2021-01-28
  A motion to vacate a plea based on misadvice about sealing a record is time-barred if not filed within two years of the judgment becoming final, as the ineligibility is a discoverable collateral consequence.
• Bailey v. State
  Fla. 2d DCA· 2020-12-18
  The appellate court reversed the dismissal of a postconviction relief motion, finding that the defendant's claims regarding his plea agreement and sentence were facially sufficient. The case highlights the importance of fulfilling plea agreement promises and ensuring written sent
• Alton Eugene Brown, Jr. v. State
  Fla. 1st DCA· 2020-10-16
  The appellate court affirmed the summary denial of a postconviction motion. The court found that the appellant's claim that his guilty plea was involuntary due to insufficient notice of enhanced sentencing was procedurally barred because he had previously raised the same claim in
• Harden v. Sec'y, Dep't of Corr.
  M.D. Fla.· 2020-09-24 ·via Voluntary And Intelligent Guilty Plea
  A guilty plea waives non-jurisdictional claims, including ineffective assistance of counsel, unless the claim directly implicates the knowing and voluntary nature of the plea itself. Counsel's strategic decision not to file a pre-trial motion, based on a reasonable assessment of
• Chandler v. United States
  S.D. Fla.· 2020-08-21 ·via Voluntary And Intelligent Guilty Plea
  The court held that the Petitioner's motion to vacate sentence was timely filed under the prison mailbox rule and that his claims of ineffective assistance of counsel were meritless.
• Crim. ID. No. 1403019776 v. Cr. A. Nos. IN14-04-0727
  Del. Super. Ct.· 2020-04-30 ·via Coerced Guilty Plea
  The court denied the defendant's motion for postconviction relief, finding that his claim of a coerced guilty plea was procedurally barred as it had been previously adjudicated. Furthermore, the court found that the defendant's other claims of ineffective assistance of counsel we
• Jackson v. State
  Fla. 3d DCA· 2020-04-29
• Sanchez Hyman v. State
  15th Cir. Ct. App. Div.· 2020-04-27
  Appellant Carmen Sanchez-Hyman appeals the trial court's order denying her motion to withdraw her guilty plea entered after sentencing. The appellate court reversed, holding that the trial court erred by denying the motion without holding an evidentiary hearing and without appoin
• Harris v. Sec'y, Dep't of Corr.
  M.D. Fla.· 2020-02-25 ·via Voluntary And Intelligent Guilty Plea
  Richard Harris petitioned for federal habeas corpus relief, challenging his guilty plea to second-degree murder and related charges in Florida state court, raising five grounds based on alleged ineffective assistance of counsel. The district court denied the petition, finding tha
• Schwartz v. Sec'y, Fla. Dep't of Corr.
  S.D. Fla.· 2020-02-25 ·via Voluntary And Intelligent Guilty Plea
  The court adopted the Magistrate Judge's Report and Recommendations, overruling the petitioner's objections and denying the petition for a writ of habeas corpus.
• Wease v. Sec'y, Dep't of Corr.
  M.D. Fla.· 2020-01-28 ·via Voluntary And Intelligent Guilty Plea
  The court held that the petitioner's claims were without merit and denied his petition for a writ of habeas corpus, finding no substantial showing of the denial of a constitutional right.
• Rogers v. Sec'y, Fla. Dep't of Corr.
  M.D. Fla.· 2020-01-27
  The court held that the petitioner is not entitled to federal habeas corpus relief because the state court's decisions were not contrary to, nor an unreasonable application of, clearly established federal law and were based on reasonable determinations of fact.
• Jackson v. State
  Fla. 4th DCA· 2020-01-08
  Affirmative misadvice by counsel regarding a collateral consequence of a conviction, specifically that it could be expunged, may render a plea involuntary and states a facially sufficient claim for postconviction relief under Florida Rule of Criminal Procedure 3.850.
• Kitchen v. State
  Fla. 5th DCA· 2019-12-06
  A defendant is entitled to an evidentiary hearing on a postconviction relief motion when the record does not conclusively refute a facially sufficient claim that trial counsel affirmatively misadvised him regarding gain time eligibility.
• Reiner de Quesada v. State
  Fla. 3d DCA· 2019-11-27
  The appellate court affirmed the denial of postconviction relief for Reiner de Quesada. The court found that his charging document was not fundamentally defective and that his claim regarding immigration consequences was untimely and lacked prejudice.
• Abonza-Torres v. Sec'y, Dep't of Corr.
  M.D. Fla.· 2019-08-15 ·via Voluntary And Intelligent Guilty Plea
  The court held that the petitioner's claims were not cognizable on federal habeas review or were waived by his voluntary plea, and that the state court's factual findings were entitled to deference.
• Milton v. State
  Fla. 3d DCA· 2019-07-24
  The appellate court affirmed the denial of a motion to withdraw a no contest plea. The defendant argued his plea was involuntary due to pressure from facing trial and a potential lengthy sentence, but the court found these claims insufficient under the relevant rules.
• Santos v. State
  275 So. 3d 223· Fla. 5th DCA· 2019-06-28
  Bryan Santos appeals his conviction and sentence following a nolo contendere plea, claiming his plea was involuntary due to ineffective assistance of counsel. The Florida District Court of Appeal, Fifth District, affirmed the judgment and sentence, holding that the trial court's
• Purcell v. State
  273 So. 3d 1150· Fla. 5th DCA· 2019-06-07
  A defendant is entitled to withdraw a no contest plea prior to sentencing as a matter of right when good cause is shown, and ignorance of a collateral consequence of the plea constitutes good cause even though failure to inform of that consequence does not render the plea involun
• Thomas Mach., Inc. v. Ainsworth Int'l, LLC
  273 So. 3d 189· Fla. 3d DCA· 2019-05-01
  The Florida Third District Court of Appeal dismissed a petition for writ of certiorari, finding it lacked jurisdiction to review a non-final order denying a motion for leave to amend an answer and affirmative defenses. The court held that any error in such a denial is reviewable
• Casseus v. State
  269 So. 3d 580· Fla. 1st DCA· 2019-02-04
  Sam Casseus pleaded guilty to sexual battery and lewd or lascivious molestation of his stepdaughter in exchange for concurrent terms of time served followed by sex offender probation. He sought to withdraw his plea after sentencing, arguing that he was not informed of the mandato
• Berrocales v. State
  268 So. 3d 771· Fla. 4th DCA· 2019-01-30
  Jose Berrocales appeals the trial court's denial of his post-sentencing motion to withdraw his guilty plea to DUI with serious bodily injury. The central issue is whether Berrocales was adequately informed of the mandatory driver's license revocation required by law before enteri
• Edwards v. State
  259 So. 3d 998· Fla. 5th DCA· 2018-12-14
  A postconviction court must address all claims raised in a Rule 3.850 motion and must strike a facially insufficient claim with leave to amend rather than summarily deny it.
• Amos Donald Boyd v. State
  252 So. 3d 1288· Fla. 1st DCA· 2018-09-20 ·via Voluntary And Intelligent Guilty Plea
  Appellant challenges his criminal conviction and sentence, arguing the trial court erred by adjudicating him guilty without him entering a valid plea. The court held that the trial court violated Florida Rule of Criminal Procedure 3.172(c) by failing to conduct a complete plea co
• Ayesh v. State
  252 So. 3d 366· Fla. 3d DCA· 2018-08-01
  Loss of employment is a collateral consequence of a guilty plea, not a direct consequence, and therefore does not provide a basis to vacate a plea based on ineffective assistance of counsel.
• Filipkowski v. State
  252 So. 3d 278· Fla. 2d DCA· 2018-06-08
  Trial counsel's failure to advise a defendant entering an open plea that sentences can be imposed consecutively to increase the sentencing range constitutes deficient performance, and such a claim is not conclusively refuted by the record merely because the trial court advised th
• Jidier A. Saavedra v. State
  248 So. 3d 164· Fla. 4th DCA· 2018-06-06
  A defendant states a facially sufficient claim for post-conviction relief based on ineffective assistance of counsel regarding deportation consequences when he alleges counsel affirmatively misadvised him that he would not be deported despite a plea to an offense carrying mandato
• Harris
  Del. Super. Ct.· 2017-11-30 ·via Coerced Guilty Plea
  The Court denied the defendant's motion for postconviction relief, finding that his claims of ineffective assistance of counsel and an involuntary guilty plea were meritless. The court determined that the defendant's counsel provided competent representation and that the defendan
• Hanes v. State
  232 So. 3d 1073· Fla. 3d DCA· 2017-11-01
  Glenn Hanes appealed his guilty plea conviction arguing the plea colloquy was insufficient to establish voluntariness. The court dismissed the appeal for lack of jurisdiction because Hanes failed to file a required motion to withdraw the plea in the trial court before appealing.
• Curran Fritz Lane v. State
  225 So. 3d 345· Fla. 5th DCA· 2017-08-04
  Lane appeals the denial of his motion to withdraw a guilty plea to a probation violation, arguing his plea was involuntary because counsel failed to inform him of a valid defense requiring the violation to be willful and substantial. The court reverses and remands for an evidenti
• Hinson v. State
  220 So. 3d 1242· Fla. 1st DCA· 2017-05-31
• Vaughan v. State
  219 So. 3d 116· Fla. 5th DCA· 2017-04-28
  The court reversed the summary denial of a habitual felony offender plea claim because the record did not conclusively show the defendant was informed of the maximum sentence consequences before accepting the plea.
• Anne Marie Rila v. State
  218 So. 3d 448· Fla. 4th DCA· 2017-04-26
  Anne Marie Rila, a lawful permanent resident, appeals the summary denial of her rule 3.850 motion to withdraw her guilty plea, alleging the plea was involuntary based on misadvice from a person falsely posing as an immigration attorney. The Fourth District reversed and remanded,
• Keon Williams v. State
  215 So. 3d 145· Fla. 3d DCA· 2017-03-22
• Smith v. State
  207 So. 3d 378· Fla. 5th DCA· 2016-12-30 ·via Coerced Guilty Plea
  Florida appellate court reversed summary denial of postconviction relief on claims of plea coercion and ineffective assistance regarding double jeopardy, holding that a plea agreement alone does not conclusively refute such claims and remanding for evidentiary hearing.
• Aguirre v. State
  207 So. 3d 244· Fla. 4th DCA· 2016-12-21
  Andres Aguirre appealed the summary denial of his motion for postconviction relief under Florida Rule of Criminal Procedure 3.850, claiming his plea was involuntary, that counsel was ineffective during violation of probation proceedings, and that the trial court failed to conside
• Whitley A. McRAE v. State
  204 So. 3d 103· Fla. 5th DCA· 2016-11-10
  Whitley McRae appealed the summary denial of her postconviction relief motion (Rule 3.850), claiming her plea was involuntary due to psychotropic medications. The court affirmed the denial of three grounds but reversed as to Ground One, finding that the record did not conclusivel
• Beene v. State
  204 So. 3d 101· Fla. 4th DCA· 2016-11-09
  A signed plea form alone is insufficient to conclusively refute a claim of involuntary plea due to misadvice on sentencing.
• Dandre L. Robinson v. State
  202 So. 3d 453· Fla. 1st DCA· 2016-10-26
  The denial of the appellant's request to withdraw his plea is affirmed because the trial court remedied the prejudice caused by the misunderstanding of consecutive sentences, and no abuse of discretion occurred.
• Bland v. State
  210 So. 3d 106· Fla. 2d DCA· 2016-09-09
  Brian Bland appeals the trial court's dismissal of his motion to withdraw a guilty plea entered after sentencing. The appellate court reverses, finding the motion was facially sufficient and remands for an evidentiary hearing, holding that Bland's allegation that counsel withheld
• State v. Chanel Nicole Mendez
  200 So. 3d 169· Fla. 5th DCA· 2016-06-24
  The State appealed the trial court's vacation of Mendez's conviction for counterfeiting a payment instrument, which was vacated based on this court's prior holding that the possession element of the statute was facially unconstitutional. The appellate court reversed, holding that
• Sharrod Dunston v. State
  193 So. 3d 1066· Fla. 4th DCA· 2016-06-15
  Sharrod Dunston appeals the summary denial of his rule 3.850 postconviction motion raising claims of involuntary plea and ineffective assistance of counsel. The circuit court dismissed the motion based on lack of jurisdiction, but the state conceded error on appeal, and the court
• Oberist Saunders v. State
  186 So. 3d 55· Fla. 5th DCA· 2016-02-19
  Oberist Saunders appeals the summary denial of his Rule 3.850 postconviction relief motion. The court affirms the denial of claim 3 regarding involuntary plea due to medication use, but reverses and remands claims 1 and 2 regarding ineffective assistance of counsel for failure to
• Jamison v. State
  186 So. 3d 37· Fla. 2d DCA· 2016-02-17
  Jean Jamison appeals his conviction and sentence for attempted second-degree murder, contending his plea was involuntary due to counsel's alleged misadvice regarding his sentence. The court remands for the trial court to determine whether conflict-free counsel must be appointed t
• Nikko Glen Albanese v. State
  179 So. 3d 405· Fla. 4th DCA· 2015-11-12 ·via Voluntary And Intelligent Guilty Plea
  Nikko Albanese appealed his guilty plea conviction on two grounds: that the plea agreement lacked consideration and that the trial court failed to hold a mental competency hearing. The appellate court affirmed, holding that both issues required a motion to withdraw the plea to be
• In & for New Castle Cnty.
  Del. Super. Ct.· 2015-10-02 ·via Coerced Guilty Plea
  The Court denied the defendant's motion for postconviction relief but vacated his sentence, ordering a new presentence investigation and resentencing. The court found the motion was time-barred under Rule 61(i)(1) but allowed consideration of claims under the "miscarriage of just
• Bryon L. Reddick v. State
  155 So. 3d 427· Fla. 2d DCA· 2015-01-07
  Bryon Reddick appealed a postconviction court's summary denial of his motion to vacate his plea and sentence for battery on a detention facility employee. The appellate court reversed, finding that while Reddick's claims regarding costs were conclusively refuted by the plea form,
• State of Del. v. Gomez
  Del. Super. Ct.· 2014-11-17 ·via Coerced Guilty Plea
  The Court denied the defendant's motion for postconviction relief and request for an evidentiary hearing. The Court found that the defendant's claims were either procedurally barred, vague, or lacked merit. The defendant's guilty plea was deemed knowing, intelligent, and voluntar
• Jarred Galindo v. State
  150 So. 3d 269· Fla. 2d DCA· 2014-10-29
  Jarred Galindo appealed a postconviction court's summary denial of his fifth ineffective assistance of counsel claim. The appellate court reversed and remanded, holding that Galindo's claim that his plea was involuntary due to misadvice about the maximum possible sentence on coun