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

• Pratt v. State
  685 So. 2d 1333· Fla. 2d DCA· 1996-04-19
  Luther Pratt appealed a trial court's denial of his postconviction motion claiming his trial counsel was ineffective and his plea was involuntary because neither counsel nor the court advised him that as a habitual offender he was ineligible for basic gain-time. The appellate cou
• Curry v. State
  671 So. 2d 291· Fla. 5th DCA· 1996-04-12 ·via Voluntary And Intelligent Guilty Plea
  Marcus Curry appealed the denial of his post-conviction motion claiming ineffective assistance of counsel, including that the trial court failed to establish a sufficient factual basis for his no-contest plea to cocaine possession. The appellate court affirmed, holding that altho
• Shahid v. State
  667 So. 2d 883· Fla. 1st DCA· 1996-02-06
  Wade Shahid appealed the denial of his post-conviction motion alleging that the state attorney misled him during plea negotiations by promising control release and work release programs that were unavailable. The court reversed and remanded because the trial court's reliance sole
• Hayes v. State
  665 So. 2d 353· Fla. 1st DCA· 1995-12-28
• Schenck v. State
  662 So. 2d 998· Fla. 4th DCA· 1995-11-08
• Arnaldo Lugo v. State
  658 So. 2d 623· Fla. 3d DCA· 1995-07-19
  Arnaldo Lugo appeals the denial of his motion to vacate his guilty plea and fifteen-year sentence, arguing the plea was involuntary because he was unaware it was a habitual felony offender sentence. The court affirmed, finding that Lugo was fully aware of the nature of the senten
• Cleveland Rosier v. State
  655 So. 2d 160· Fla. 1st DCA· 1995-05-09
  The court held that the appellant's postconviction motion was timely and that his claim regarding consecutive sentences under Hale v. State should be remanded for a determination of separate criminal episodes, while other claims were procedurally barred or lacked merit.
• Robinson v. State
  661 So. 2d 36· Fla. 2d DCA· 1995-04-05
  Chester Robinson appealed the summary denial of his Rule 3.850 postconviction relief motion challenging his conviction for armed robbery. The court affirmed the denial, rejecting Robinson's claims of ineffective assistance of counsel regarding a prosecutor's reference to his fail
• Brooks v. State
  644 So. 2d 354· Fla. 2d DCA· 1994-11-09
  Wallace Brooks appeals the denial of his motion for post-conviction relief under Florida Rule of Criminal Procedure 3.850, arguing his plea to cocaine possession was involuntary because he was not informed of the consequences of being sentenced as a habitual offender and did not
• State v. Reutter
  644 So. 2d 564· Fla. 2d DCA· 1994-10-14
  A trial court's finding that a guilty plea was involuntarily entered due to the defendant's use of psychotropic drugs is affirmed when competent evidence in the record supports that finding, even if the evidence consists primarily of the defendant's own testimony and that of witn
• Patterson v. State
  641 So. 2d 191· Fla. 2d DCA· 1994-08-24
  The court held that the trial court erred in denying a motion for postconviction relief without attaching sufficient record documents to refute the claims or holding an evidentiary hearing.
• Pruitt v. State
  627 So. 2d 118· Fla. 1st DCA· 1993-12-03
  Michael Pruitt appeals the denial of his rule 3.850 motion for post-conviction relief, claiming his guilty plea was involuntary because he was misled about his sentencing range and that his counsel was ineffective. The appellate court found the trial court failed to comply with p
• Osborn v. Shillinger
  997 F.2d 1324· 10th Cir.· 1993-07-08 ·via Coerced Guilty Plea
  The court held that the petitioner's guilty plea was voluntary and not coerced, and that the sentences imposed were not vindictive, thus affirming the district court's dismissal of the habeas corpus petition.
• United States v. Dalman
  994 F.2d 537· 8th Cir.· 1993-06-04 ·via Voluntary And Intelligent Guilty Plea
  A guilty plea is valid if it represents a voluntary and intelligent choice among alternatives, and a defendant's claim of medication impairment or coercion is rejected if the record shows understanding and voluntary action.
• Hager v. United States
  993 F.2d 4· 1st Cir.· 1993-05-21 ·via Voluntary And Intelligent Guilty Plea
  The court held that the appellant's plea was voluntary and the district court's failure to inquire further into his health did not constitute an error of fundamental character warranting a writ of coram nobis.
• United States v. Dent
  984 F.2d 1453· 7th Cir.· 1993-01-26 ·via Voluntary And Intelligent Guilty Plea
  The court held that grand jury testimony, even if trustworthy, cannot be admitted under the residual hearsay exception (Rule 804(b)(5)) if it is specifically covered by another exception (Rule 804(b)(1)) and fails to meet that exception's requirements.
• Meier v. State
  605 So. 2d 1337· Fla. 5th DCA· 1992-10-16
  The court held that a defendant is not entitled to withdraw a plea based on counsel's failure to advise about loss of prison gain time, absent an allegation of misadvice or expectation of a shortened sentence.
• United States v. DeBUSK
  976 F.2d 300· 6th Cir.· 1992-09-29 ·via Coerced Guilty Plea
  A defendant's misunderstanding based on his lawyer's incorrect advice, despite the judge's clear warnings about sentencing discretion and plea withdrawal, does not entitle him to withdraw his guilty plea.
• Muschett v. State
  609 So. 2d 630· Fla. 4th DCA· 1992-09-02
  Muschett appealed the denial of his Rule 3.850 post-conviction motion claiming his guilty plea to attempted murder was involuntary and his trial counsel provided ineffective assistance based on alleged misrepresentations about gain time and control release consequences. The court
• Cunningham v. State
  600 So. 2d 52· Fla. 4th DCA· 1992-07-01 ·via Coerced Guilty Plea
• Hernandez v. State
  595 So. 2d 1071· Fla. 2d DCA· 1992-03-13
  Victor Hernandez appealed the denial of his motion for postconviction relief, claiming he was promised only a single minimum mandatory sentence but received multiple stacked sentences. The Florida appellate court affirmed the denial, finding the trial transcripts refuted his alle
• Lines v. State
  594 So. 2d 322· Fla. 1st DCA· 1992-02-14 ·via Voluntary And Intelligent Guilty Plea
  A trial court did not abuse its discretion in denying a motion to withdraw a nolo contendere plea where, although the defendant alleged his counsel failed to advise him of a possible insanity defense, he presented no evidence that he was incompetent at the time of the offense or
• Thomas v. United States
  951 F.2d 902· 8th Cir.· 1991-12-17 ·via Coerced Guilty Plea
  The court held that the district court did not err in denying the defendant's § 2255 motion without an evidentiary hearing, as the claims raised lacked merit.
• Talbert v. State
  588 So. 2d 308· Fla. 1st DCA· 1991-11-04 ·via Coerced Guilty Plea
  Appellant Talbert appealed denial of post-conviction relief challenging his habitual felony offender sentence, alleging he had only one prior conviction and his plea was coerced. The court affirmed the denial while permitting Talbert to file a 3.800(a) motion, finding that habitu
• United States v. Jacobo Graibe
  946 F.2d 1414· 9th Cir.· 1991-10-09 ·via Voluntary And Intelligent Guilty Plea
  The court held that the district court's failure to inform the defendant that he could not withdraw his guilty plea if the court refused to accept the government's sentencing recommendation constituted a violation of Rule 11(e)(2) that affected a substantial right and was not har
• Cameron v. State
  582 So. 2d 168· Fla. 1st DCA· 1991-07-10
  The court affirmed the denial of claims regarding involuntary guilty plea and ineffective assistance of counsel but reversed the denial of the habitual offender sentencing claim, remanding for the trial court to demonstrate compliance with statutory procedural safeguards or take
• Thomas v. State
  580 So. 2d 900· Fla. 1st DCA· 1991-06-21
• Bowden v. State
  576 So. 2d 947· Fla. 2d DCA· 1991-03-29
  The court reversed the trial court's summary denial of a Rule 3.850 motion regarding voluntariness of plea and ineffective assistance of counsel claims, finding the trial judge failed to examine the relevant change of plea hearing transcript, and remanded for proper evaluation.
• Thompson v. State
  570 So. 2d 1098· Fla. 2d DCA· 1990-12-05 ·via Coerced Guilty Plea
  Anthony Thompson appealed the summary denial of his Rule 3.850 postconviction relief motion, alleging his guilty plea to second-degree murder was coerced based on representations from his counsel about the judge's threats. The court reversed the summary denial and remanded for pr
• Pullara v. State
  569 So. 2d 906· Fla. 2d DCA· 1990-11-14
• Hicks v. State
  559 So. 2d 1265· Fla. 3d DCA· 1990-04-17 ·via Voluntary And Intelligent Guilty Plea
  Dale Hicks appealed sentences imposed in two consolidated criminal cases totaling 40 years. The Florida appellate court affirmed the original sentencing order from May 17, 1989, holding that the negotiated plea agreement was binding and sufficient to justify departure from guidel
• Felton Leroy Hingson v. State
  553 So. 2d 768· Fla. 1st DCA· 1989-12-15
  Appellant Hingson challenged his guilty plea to sexual battery charges, arguing that his prior offenses were improperly scored under the sentencing guidelines scoresheet, resulting in an inflated recommended prison range that may have influenced his decision to plead guilty. The
• Evans v. State
  539 So. 2d 33· Fla. 1st DCA· 1989-03-09
• Huston v. Jones
  863 F.2d 30· 8th Cir.· 1988-12-15
  The court held that the appellant's third habeas corpus petition did not constitute an abuse of the writ, but that his claims of involuntariness were belied by the plea transcript.
• Frazier v. Wilkinson
  842 F.2d 42· 2d Cir.· 1988-03-21 ·via Coerced Guilty Plea
  A federal prisoner may challenge a consecutive state sentence via habeas corpus even without a detainer, if enforcement is reasonably apprehended, but the petition was correctly dismissed on the merits.
• Wohlhuter v. State
  515 So. 2d 362· Fla. 4th DCA· 1987-11-12 ·via Voluntary And Intelligent Guilty Plea
  Edward Wohlhuter appealed his sentencing following a guilty plea to fraudulently obtaining a controlled substance and a probation violation. The appellate court dismissed the appeal, holding that a defendant who pleads guilty cannot directly appeal the sentence without first atte
• Acosta v. State
  515 So. 2d 299· Fla. 3d DCA· 1987-10-27
• Micky Park v. State
  509 So. 2d 1379· Fla. 1st DCA· 1987-07-23
  Micky Park appeals the denial of his post-conviction relief motion challenging the voluntariness of his guilty plea to second-degree murder and armed robbery. The court holds that while Park was not entitled to sentencing guidelines for the murder charge, he was entitled to elect
• Robinson v. A.L. Lockhart
  823 F.2d 210· 8th Cir.· 1987-07-07
• Smith v. State
  506 So. 2d 69· Fla. 1st DCA· 1987-04-29
• Williams v. State
  490 So. 2d 1034· Fla. 2d DCA· 1986-06-25 ·via Coerced Guilty Plea
  The court held that the trial court correctly denied the defendant's post-conviction relief motions as untimely and facially insufficient.
• Maralit v. State
  468 So. 2d 490· Fla. 1st DCA· 1985-05-09 ·via Voluntary And Intelligent Guilty Plea
  The State moved to dismiss an appeal from a judgment entered on pleas of nolo contendere for fraud and theft charges because the defendant failed to expressly reserve the right to appeal as required by Florida Rule of Appellate Procedure 9.140(b)(1). The court granted the motion
• Johnson v. Mabry
  752 F.2d 313· 8th Cir.· 1985-01-08 ·via Voluntary And Intelligent Guilty Plea
  The court held that the petitioner failed to establish prejudice from counsel's failure to interview witnesses, thus affirming the denial of his habeas corpus petition.
• Mills v. State
  456 So. 2d 965· Fla. 4th DCA· 1984-10-03
  The court held that the trial court's order denying post conviction relief was inadequate because the attached record did not conclusively refute all of the appellant's allegations.
• Blue v. Housewright
  739 F.2d 320· 8th Cir.· 1984-07-12
  The court held that a guilty plea is not rendered involuntary by an attorney's advice regarding the potential for capital felony murder charges, even if the application of the statute was uncertain.
• Dooley v. State
  449 So. 2d 965· Fla. 2d DCA· 1984-05-09
  The court held that the trial court erred by summarily denying two claims related to an involuntary plea without an evidentiary hearing or attaching record portions refuting the claims.
• Posey v. State
  447 So. 2d 394· Fla. 1st DCA· 1984-03-19 ·via Coerced Guilty Plea
• Hudson v. State
  445 So. 2d 1139· Fla. 2d DCA· 1984-03-02
  The court held that the trial court erred by summarily denying post-conviction relief without attaching record portions that conclusively refute the appellant's claims.
• Adams v. State
  446 So. 2d 223· Fla. 1st DCA· 1984-03-01
  The court held that a second motion for postconviction relief containing the same allegations as a previously denied motion is impermissible.
• Maldonado v. Winans
  728 F.2d 438· 10th Cir.· 1984-02-22 ·via Voluntary And Intelligent Guilty Plea
  The court held that effective assistance of counsel is indispensable to a voluntary guilty plea, and the district court erred by focusing solely on voluntariness without considering ineffective assistance.