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

• Slattery v. State
  433 So. 2d 615· Fla. 3d DCA· 1983-06-21 ·via Coerced Guilty Plea
• Seabrook v. State
  428 So. 2d 757· Fla. 2d DCA· 1983-03-25
  The court reversed in part the trial court's summary denial of post-conviction relief where the trial court failed to attach record portions refuting the claim of an involuntary guilty plea or conduct an evidentiary hearing.
• Roberts v. State
  421 So. 2d 554· Fla. 5th DCA· 1982-09-22
• Shepard v. Warden H. Solem and Paul L. Douglas
  688 F.2d 65· 8th Cir.· 1982-09-13 ·via Voluntary And Intelligent Guilty Plea
  The court held that the federal district court did not err in resolving the habeas corpus claims on the state court record without an evidentiary hearing, and that the guilty plea was voluntary and counsel was effective.
• The United States v. Ainsworth Charles Jackson. Appeal of Ainsworth C. Jackson
  684 F.2d 245· 3d Cir.· 1982-07-19
  The court held that a district court may have jurisdiction over a motion to vacate a prior sentence under 28 U.S.C. § 2255, even if the movant is no longer in custody for that sentence, if the prior sentence directly affects the duration of their current confinement.
• Stephens v. Wyrick
  659 F.2d 94· 8th Cir.· 1981-09-14
  The court held that the district court's dismissal of the habeas petition was proper, affirming the denial of relief on the claims of involuntary guilty plea and unconstitutional sentencing statute.
• Bonner v. Wyrick
  650 F.2d 150· 8th Cir.· 1981-06-03 ·via Coerced Guilty Plea
  A guilty plea is not rendered invalid simply because it was motivated by the defendant's desire to avoid a potentially greater sentence after trial.
• United States v. Knight
  638 F.2d 46· 8th Cir.· 1981-01-14
  A motion under 28 U.S.C. § 2255 is not the proper vehicle to challenge the execution of a sentence; such challenges must be brought via a writ of habeas corpus under 28 U.S.C. § 2241.
• Stinson v. Louie L. Wainwright
  386 So. 2d 324· Fla. 1st DCA· 1980-08-08
• Adler v. State
  382 So. 2d 1298· Fla. 3d DCA· 1980-04-22
  Defendant Adler appeals the trial court's denial of his motions to withdraw a guilty plea before and after sentencing, and to disqualify the trial judge in a murder, robbery, and kidnapping case. The appellate court affirmed, holding that Adler's plea was voluntary and knowing, t
• Germaine v. State
  49 Fla. Supp. 190· Dade Cty. Cir. Ct.· 1979-10-05
• Linsey C. Hollis v. State
  374 So. 2d 1164· Fla. 4th DCA· 1979-09-19
  Appellant Hollis challenged the denial of his motion to withdraw a guilty plea to second-degree murder, claiming the plea was involuntary because he deferred to counsel's advice and wanted to avoid jail time. The court held that appellate review is available for denials of motion
• Waite v. United States
  601 F.2d 259· 6th Cir.· 1979-07-18 ·via Coerced Guilty Plea
  The court held that a defendant's guilty plea is not unconstitutionally coerced by the state judge's implied threat of a harsher state sentence if the defendant does not plead guilty in federal court.
• Devold v. Blackburn
  574 F.2d 1361· 5th Cir.· 1978-06-16 ·via Voluntary And Intelligent Guilty Plea
  The court held that the petitioner's guilty plea was voluntary and intelligently entered, and that his counsel provided effective assistance.
• Duffy v. Cuyler
  581 F.2d 1059· 3d Cir.· 1978-06-12 ·via Voluntary And Intelligent Guilty Plea
  The dissenting judge would hold that a defendant must be informed of the maximum sentence to which they are subject as a constitutional prerequisite for a knowing and voluntary waiver of rights in a nolo contendere plea.
• Miles v. Warden Robert Parratt
  543 F.2d 638· 8th Cir.· 1976-11-03
• Lewis v. Lockhart
  538 F.2d 798· 8th Cir.· 1976-07-14
  The court affirmed the denial of the petition for habeas relief, finding no error in the state court proceedings.
• Courtney v. United States
  518 F.2d 514· 4th Cir.· 1975-07-01 ·via Voluntary And Intelligent Guilty Plea
  A guilty plea is not rendered invalid by a mistaken belief that an illegally obtained confession is admissible, provided counsel's advice was competent and the plea was voluntary and intelligent.
• United States v. Everette Howard Hunt
  514 F.2d 270· D.C. Cir.· 1975-02-25 ·via Coerced Guilty Plea
• Hunter v. Louie L. Wainwright
  499 F.2d 340· 5th Cir.· 1974-08-23
  The court held that the district court erred in shifting the burden of proof regarding prejudice from the state to the appellant and in failing to consider the factual voluntariness of the guilty plea.
• LaHANE v. State
  298 So. 2d 524· Fla. 4th DCA· 1974-08-16
  Court reversed denial of Rule 3.850 motion to vacate plea, holding that defendant was entitled to evidentiary hearing on claim that nolo contendere plea was involuntary due to broken sentencing promise.
• Sawyer v. State
  292 So. 2d 623· Fla. 3d DCA· 1974-03-26 ·via Coerced Guilty Plea
  A defendant who voluntarily pleads guilty cannot later claim coercion based on alleged perjured grand jury testimony known to the defendant at the time of the plea.
• Graulich v. State
  287 So. 2d 114· Fla. 3d DCA· 1973-12-18
• Collins v. Warden, Nev. State Prison
  487 F.2d 950· 9th Cir.· 1973-11-07 ·via Voluntary And Intelligent Guilty Plea
  The court held that even if parole eligibility was part of the plea bargain, the bargain was substantially fulfilled by subsequent legislative and judicial actions in Nevada, thus denying federal habeas corpus relief.
• Deaton v. United States
  480 F.2d 1015· 8th Cir.· 1973-06-29 ·via Coerced Guilty Plea
  The court held that a petitioner's word is insufficient to require extraordinary relief of coram nobis after a 21-year lapse and absence of protest, especially when the record negates allegations of coercion.
• Schoultz v. Warden Carl Hocker
  478 F.2d 842· 9th Cir.· 1973-04-25 ·via Coerced Guilty Plea
  The court held that the California District Court should reconsider the petition in light of subsequent proceedings and the State of California's lack of interest in the conviction.
• Santana v. United States
  477 F.2d 721· 2d Cir.· 1973-04-20 ·via Voluntary And Intelligent Guilty Plea
  A voluntary and intelligent guilty plea, entered on advice of counsel, is not rendered invalid by subsequent judicial decisions that invalidate the statutory presumptions that may have influenced the plea.
• Kemp v. Louie L. Wainwright
  472 F.2d 586· 5th Cir.· 1973-01-22
  A state prisoner must exhaust available state remedies, including Rule 3.850 motions, before seeking federal habeas corpus relief, even if not currently serving the challenged sentence.
• Jenkins v. United States
  466 F.2d 520· 8th Cir.· 1972-09-20 ·via Coerced Guilty Plea
  The court held that a hearing is not required when the files and records conclusively show the prisoner is entitled to no relief.
• Ferguson v. COX
  464 F.2d 461· 4th Cir.· 1972-07-26 ·via Coerced Guilty Plea
  The court held that the petitioner had not exhausted state remedies for all claims, and that state remedies remained available to him, thus affirming the district court's dismissal.
• Baker v. State
  264 So. 2d 851· Fla. 2d DCA· 1972-07-21 ·via Voluntary And Intelligent Guilty Plea
  The appellate court affirmed the denial of the appellant's motion for post-conviction relief.
• Lathon v. United States
  463 F.2d 777· 5th Cir.· 1972-07-13 ·via Coerced Guilty Plea
  The court held that the defendant's guilty plea was voluntary and not induced by promises of probation or a suspended sentence.
• Brewster v. State
  261 So. 2d 552· Fla. 2d DCA· 1972-05-03 ·via Coerced Guilty Plea
  Brewster appealed the summary denial of his motion to vacate a guilty plea conviction for armed robbery, claiming ineffective assistance of counsel, witness perjury, and coerced guilty plea. The Florida appellate court affirmed the denial, finding all grounds patently insufficien
• Floyd v. State
  260 So. 2d 531· Fla. 3d DCA· 1972-04-18
  Florida appellate court affirmed denial of post-conviction relief where defendant failed to establish that his guilty plea was coerced by police beatings or prosecution promises regarding sentencing.
• State v. Rhoden
  36 Fla. Supp. 194· Brevard Cty. Ct.· 1972-03-23
  A defendant cannot attack a negotiated guilty plea as involuntary after a significant passage of time, especially when the plea was represented as voluntary to the court.
• O'Connell v. United States
  455 F.2d 521· 5th Cir.· 1972-03-14 ·via Coerced Guilty Plea
• United States v. Monaco
  456 F.2d 254· 3d Cir.· 1972-02-29 ·via Voluntary And Intelligent Guilty Plea
  The court held that the trial court complied with Rule 11 of the Federal Rules of Criminal Procedure when accepting the appellant's guilty plea.
• Evans v. State
  258 So. 2d 488· Fla. 3d DCA· 1972-02-29 ·via Coerced Guilty Plea
  The court held that the appellant was not entitled to an evidentiary hearing on his motion for post-conviction relief and that the appeal lacked reversible error.
• United States v. Curtis
  459 F.2d 1362· D.C. Cir.· 1972-01-18
  The court held that a petitioner alleging his guilty plea was induced by counsel's promise of a specific sentence is entitled to a hearing, even if the trial court questioned him about promises at the time of the plea.
• Robinson v. Beto
  453 F.2d 384· 5th Cir.· 1972-01-07 ·via Coerced Guilty Plea
  The court held that the district court did not err in denying the petition for a writ of habeas corpus.
• Brown v. United States
  454 F.2d 1169· 5th Cir.· 1971-12-08 ·via Coerced Guilty Plea
  The judgment appealed from is affirmed.
• Tucker v. Beto
  451 F.2d 567· 5th Cir.· 1971-12-02 ·via Coerced Guilty Plea
  The court held that a state prisoner's petition for habeas corpus relief based on ineffective counsel and a coerced guilty plea must be denied when the prisoner fails to refute conflicting evidence regarding his alleged alibi.
• Griswold v. Eyman
  452 F.2d 923· 9th Cir.· 1971-11-30 ·via Coerced Guilty Plea
  The court held that the district court did not err in denying the petition for a writ of habeas corpus, as the state court's findings regarding the understanding and voluntariness of the guilty plea were supported by the record.
• Greeson v. State
  251 So. 2d 41· Fla. 3d DCA· 1971-07-27
  Lloyd Greeson appealed the trial court's order striking his motion to vacate a guilty plea and life sentence for second-degree murder. The appellate court reversed, finding that the trial court should have considered depositions filed by appointed counsel as an amendment to the p
• United States ex rel. William Stewart v. Pate
  443 F.2d 326· 7th Cir.· 1971-05-13 ·via Coerced Guilty Plea
  The court held that the district court did not err in finding that the petitioner was properly admonished of the mandatory consecutive nature of his sentence, despite potential ambiguities in the common law record.
• Salazar v. Sigler
  441 F.2d 834· 8th Cir.· 1971-04-16 ·via Voluntary And Intelligent Guilty Plea
  The court held that the defendant did not make an intelligent and knowing waiver of counsel during his guilty plea, as the trial court failed to conduct a sufficient inquiry.
• United States v. Taft
  438 F.2d 48· 4th Cir.· 1971-02-19
  The court held that the district court properly denied the defendant's motions to withdraw his guilty pleas and for a new trial.
• Levard Pernell Flimming v. State
  242 So. 2d 797· Fla. 3d DCA· 1971-01-12 ·via Coerced Guilty Plea
  The court held that no reversible error was demonstrated in the denial of the motion to vacate the conviction and sentence.
• Harper v. State
  241 So. 2d 712· Fla. 1st DCA· 1970-12-08 ·via Coerced Guilty Plea
• United States ex rel. Michael Cummings v. McMANN
  429 F.2d 1295· 2d Cir.· 1970-06-30
  The court held that the defendant's plea was voluntary and that the trial court properly denied his habeas corpus petition without a hearing.