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

• Nixon v. State
  857 So. 2d 172· Fla.· 2003-07-10 ·cited 33×·via Voluntary And Intelligent Guilty Plea
  Joe Elton Nixon, a death row inmate, appealed the denial of postconviction relief based on his trial counsel's admission of his guilt without his explicit consent. The Florida Supreme Court reversed and remanded for a new trial, holding that silent acquiescence to a counsel's str
• United States v. Langford Wiggins
  905 F.2d 51· 4th Cir.· 1990-05-29 ·cited 32×·via Voluntary And Intelligent Guilty Plea
  A defendant who expressly waives the right to appeal his sentence in a valid plea agreement cannot subsequently appeal that sentence.
• Stinson v. Turner
  473 F.2d 913· 10th Cir.· 1973-02-27 ·cited 32×·via Voluntary And Intelligent Guilty Plea
  The court held that the record affirmatively showed the guilty plea was intelligent and voluntary, satisfying due process requirements.
• Carpenter v. Louie L. Wainwright
  372 F.2d 940· 5th Cir.· 1967-02-02 ·cited 32×·via Coerced Guilty Plea
  The court held that the allegations in the habeas corpus petition were sufficient to require a hearing on whether the guilty plea was coerced.
• United States v. Hoyland
  264 F.2d 346· 7th Cir.· 1959-02-20 ·cited 32×·via Coerced Guilty Plea
  A voluntary plea of guilty, entered with advice of counsel and full understanding of consequences, waives the right to challenge the conviction based on alleged coercion, double jeopardy, or jurisdictional defects.
• Roberti v. State
  782 So. 2d 919· Fla. 2d DCA· 2001-03-23 ·cited 31×
  Ronald Roberti appealed the denial of his Rule 3.850 postconviction motion claiming ineffective assistance of counsel and an involuntary plea. The court affirmed the denial of most claims but reversed and remanded on one claim involving counsel's affirmative misadvice that Robert
• Creech v. A.J. Arave
  947 F.2d 873· 9th Cir.· 1991-03-27 ·cited 31×·via Voluntary And Intelligent Guilty Plea
  The panel erred in holding that Idaho's statutory aggravating factor of 'utter disregard for human life' is unconstitutionally vague, failing to give adequate deference to the Idaho Supreme Court's limiting construction.
• Onnestad v. State
  404 So. 2d 403· Fla. 5th DCA· 1981-10-07 ·cited 31×·via Voluntary And Intelligent Guilty Plea
  The court held that a defendant's unsupported allegation that medication impaired his thinking is insufficient to require withdrawal of a guilty plea, especially when the trial court questioned him about the medication's effects.
• Coleman v. The Honorable Arthur L. Burnett
  477 F.2d 1187· D.C. Cir.· 1973-03-14 ·cited 31×·via Voluntary And Intelligent Guilty Plea
  The court should have allowed broader cross-examination at the preliminary hearing to probe probable cause.
• HEN LIN LU v. State
  683 So. 2d 1110· Fla. 4th DCA· 1996-11-27 ·cited 30×·via Voluntary And Intelligent Guilty Plea
  A written plea agreement form alone is insufficient to demonstrate compliance with the rule requiring oral advisement of potential deportation consequences; the trial court must orally verify the defendant's understanding of the written information.
• Isley v. State
  565 So. 2d 389· Fla. 5th DCA· 1990-08-09 ·cited 30×
  Clarence Isley pleaded nolo contendere to second degree murder and was sentenced to 30 years with a mandatory minimum, then appealed claiming his plea was involuntary, unintelligent, and coerced, and that he was incompetent. The court affirmed, holding that absent a motion to wit
• United States v. Goodheim
  686 F.2d 776· 9th Cir.· 1982-09-07 ·cited 30×·via Voluntary And Intelligent Guilty Plea
  The court held that the government met its burden to show a prior guilty plea was voluntary and intelligent, and that the defendant's other arguments regarding firearm operability, photographic identification, alias inquiry, and consecutive sentencing were without merit.
• Gerrold Duane Davis v. Louie L. Wainwright
  547 F.2d 261· 5th Cir.· 1977-02-18 ·cited 30×
  The court held that a violation of a state speedy trial rule, even if counsel failed to raise it, is not a constitutional violation reviewable by federal habeas corpus. A guilty plea is voluntary if the defendant affirms it is knowing and voluntary, even if the court doesn't list
• Tyler v. Swenson
  483 F.2d 611· 8th Cir.· 1973-08-15 ·cited 30×·via Voluntary And Intelligent Guilty Plea
  District courts are required to consider exhausted claims in a habeas petition even if other unrelated claims within the same petition are unexhausted.
• Williams v. United States
  443 F.2d 1151· 5th Cir.· 1971-05-11 ·cited 30×·via Voluntary And Intelligent Guilty Plea
  The court held that a guilty plea, if voluntarily and understandingly made, is conclusive as to guilt and waives non-jurisdictional defects, and that claims of ineffective counsel or involuntariness due to medication are refuted by the record.
• Meller v. State OF Mo.
  431 F.2d 120· 8th Cir.· 1970-08-17 ·cited 30×·via Voluntary And Intelligent Guilty Plea
  The court held that the defendant's 1952 guilty plea and waiver of counsel were voluntary and intelligent, and that the Boykin v. Alabama decision should not be applied retroactively.
• Pursley v. United States
  391 F.2d 224· 5th Cir.· 1968-03-12 ·cited 30×·via Coerced Guilty Plea
  The court held that the defendant's claims of coercion and promises were refuted by the files and records of the district court.
• Gusow v. State
  6 So. 3d 699· Fla. 4th DCA· 2009-04-01 ·cited 29×
  Mark Gusow appealed the denial of his motion to vacate a guilty plea to 47 felonies, claiming his counsel misadvised him that a probation violation would result in no more than five years in prison. The Fourth District affirmed, holding that advice about potential sentences for f
• J.R.V. v. State
  715 So. 2d 1135· Fla. 5th DCA· 1998-08-21 ·cited 29×·via Voluntary And Intelligent Guilty Plea
  A juvenile appellant challenges his delinquency conviction based on a guilty plea entered without counsel and allegedly without adequate understanding of his rights and the consequences. The appellate court reverses, finding fundamental error in the trial court's failure to condu
• State v. Fernanda Oakley
  715 So. 2d 956· Fla. 4th DCA· 1998-05-27 ·cited 29×
  The court reversed the grant of post-conviction relief on one ground and affirmed the denial of relief on another ground.
• Eggers v. State
  624 So. 2d 336· Fla. 1st DCA· 1993-09-10 ·cited 29×
  A trial court must advise a defendant of all terms of a plea agreement, including probation, and failure to do so may require resentencing or withdrawal of the plea.
• Dean v. State
  580 So. 2d 808· Fla. 3d DCA· 1991-05-14 ·cited 29×·via Coerced Guilty Plea
  Harold Dean appealed the summary denial of his Rule 3.850 post-conviction relief motion, challenging his guilty pleas on grounds including involuntary confession, ineffective assistance of counsel, and coerced guilty plea. The Florida Third District Court of Appeal affirmed the t
• Hoch v. State
  679 So. 2d 847· Fla. 2d DCA· 1996-09-13 ·cited 28×
  A defendant's facially sufficient allegation that his plea was involuntary due to counsel's affirmative misinformation about gain time and actual time to be served is not necessarily foreclosed by the defendant's negative answer during the plea colloquy to a general question abou
• United States v. Jordan
  870 F.2d 1310· 7th Cir.· 1989-03-22 ·cited 28×·via Voluntary And Intelligent Guilty Plea
  The court held that a federal prosecution following a state conviction does not violate double jeopardy under the dual sovereignty doctrine, and a state guilty plea is not rendered involuntary or unintelligent due to the possibility of subsequent federal prosecution.
• Buckley v. Butler
  825 F.2d 895· 5th Cir.· 1987-08-27 ·cited 28×·via Voluntary And Intelligent Guilty Plea
  The court held that the record sufficiently demonstrated that the defendant's admission of prior convictions in the multiple bill proceeding was intelligent and voluntary, satisfying any applicable Boykin-type requirements.
• Grady Lee Smith v. W.J. Estelle, Jr.
  711 F.2d 677· 5th Cir.· 1983-08-11 ·cited 28×
  The court held that the district court properly denied habeas corpus relief without an evidentiary hearing, as the record sufficiently demonstrated the voluntariness of the guilty plea and the adequacy of counsel.
• Odell Hargrow Hill v. Estelle
  653 F.2d 202· 5th Cir.· 1981-08-10 ·cited 28×·via Voluntary And Intelligent Guilty Plea
  A state prisoner's claim of illegal sentencing under a new penal code, absent prejudice, does not raise a federal constitutional issue cognizable in habeas corpus.
• Kelleher v. Henderson
  531 F.2d 78· 2d Cir.· 1976-02-18 ·cited 28×·via Voluntary And Intelligent Guilty Plea
  A guilty plea is not rendered involuntary or unintelligent under the Fourteenth Amendment solely because the defendant was unaware of the maximum possible sentence, if the record shows the defendant would have pleaded guilty regardless.
• Paige v. United States
  443 F.2d 781· 4th Cir.· 1971-06-10 ·cited 28×
  The court held that the district court's failure to advise the defendant of his right to appeal after his first conviction and its failure to fully advise him of the consequences of his guilty plea for his second conviction required vacating the denial of his motion to vacate the
• Ward v. State
  236 So. 2d 187· Fla. 1st DCA· 1970-06-11 ·cited 28×·via Coerced Guilty Plea
  A voluntary guilty plea, entered on advice of counsel, constitutes a waiver of all non-jurisdictional defects occurring prior to the plea.
• Hawkins v. Bennett
  423 F.2d 948· 8th Cir.· 1970-03-19 ·cited 28×·via Coerced Guilty Plea
  The federal court erred in denying a habeas corpus petition without an evidentiary hearing when the state court hearing was deficient.
• Leonarda Simeton v. State
  734 So. 2d 446· Fla. 4th DCA· 1999-05-05 ·cited 27×
  Leonarda Simeton appeals the denial of his motion to withdraw a no contest plea to violating community control, claiming the plea was involuntary based on his attorney's misrepresentation of the sentence length. The appellate court reverses, holding that due process requires an e
• Jones v. Estelle
  584 F.2d 687· 5th Cir.· 1978-11-20 ·cited 27×·via Coerced Guilty Plea
  The court held that a guilty plea is valid if the plea bargain was not breached and the plea was not coerced, and that Anders requirements do not apply when a client voluntarily withdraws an appeal after receiving effective advice.
• Plymale v. State
  201 So. 2d 85· Fla. 3d DCA· 1967-07-11 ·cited 27×·via Coerced Guilty Plea
  Plymale challenged his 1961 guilty pleas to robbery charges on grounds of coercion and ineffective assistance of counsel. The court affirmed the trial court's denial of relief, finding the appellant failed to demonstrate error and noting his unexplained delay in raising these cla
• Williams v. State
  825 So. 2d 994· Fla. 4th DCA· 2002-07-31 ·cited 26×
  Williams challenged his sentence for lewd assault based on an alleged scoresheet error, but because he entered a negotiated plea to the exact sentence imposed and the sentence does not exceed the statutory maximum, the court affirmed the trial court's denial of his motion to corr
• Buckingham v. State
  771 So. 2d 1206· Fla. 2d DCA· 2000-10-18 ·cited 26×·via Voluntary And Intelligent Guilty Plea
  Trial counsel was not ineffective, but because the trial court improperly calculated appellant's scoresheet under an unconstitutional sentencing statute (chapter 95-184), the sentence must be vacated and remanded for recalculation under the 1994 guidelines or withdrawal of the pl
• Worthen v. Meachum
  842 F.2d 1179· 10th Cir.· 1988-03-21 ·cited 26×
  A guilty plea is not rendered involuntary by an attorney's inaccurate prediction of parole eligibility or by an attorney's promise of unrelated legal representation, especially when the defendant affirms the plea's voluntariness in court.
• Evans v. Meyer
  742 F.2d 371· 7th Cir.· 1984-08-23 ·cited 26×
  A lawyer is not required to advise a client of every theoretically possible but practically hopeless defense, and failure to do so does not render a guilty plea involuntary or constitute ineffective assistance of counsel if prejudice cannot be shown.
• Frazier v. State
  447 So. 2d 959· Fla. 1st DCA· 1984-03-14 ·cited 26×
  George Frazier appealed the trial court's denial of his Rule 3.850 motion for postconviction relief, which challenged the voluntariness of his nolo contendere plea and claimed ineffective assistance of counsel. The court affirmed the denial on three independent grounds: the plea
• McALENEY v. United States
  539 F.2d 282· 1st Cir.· 1976-08-13 ·cited 26×
  The court held that a guilty plea induced by defense counsel's misrepresentation of a prosecutor's promise to recommend a specific sentence can be vacated, even if the prosecutor made no such promise.
• United States v. Sherman
  474 F.2d 303· 9th Cir.· 1973-02-01 ·cited 26×·via Voluntary And Intelligent Guilty Plea
  A guilty plea is valid even if the defendant is not explicitly advised of the right against self-incrimination, as long as the record shows the plea was knowing and voluntary.
• Eligha Thomas v. State
  210 So. 2d 488· Fla. 2d DCA· 1968-05-17 ·cited 26×·via Coerced Guilty Plea
  A defendant convicted of robbery appeals the denial of his motion to vacate his guilty plea, alleging he was coerced by the sheriff into pleading guilty through threats and intimidation. The court reverses and remands for an evidentiary hearing on the coercion allegations, emphas
• Molignaro v. Dutton
  373 F.2d 729· 5th Cir.· 1967-03-03 ·cited 26×·via Voluntary And Intelligent Guilty Plea
  The court held that the record did not sufficiently demonstrate that the defendant was adequately informed of his right to appointed counsel, thus the waiver of that right was not intelligent or complete.
• State v. Seraphin
  818 So. 2d 485· Fla.· 2002-05-16 ·cited 25×
  The Florida Supreme Court held that while trial courts have a mandatory duty to inform defendants of deportation consequences before accepting guilty pleas under Florida Rule of Criminal Procedure 3.172(c)(8), a defendant seeking postconviction relief must demonstrate prejudice b
• Wilson v. State
  692 So. 2d 971· Fla. 2d DCA· 1997-04-25 ·cited 25×
• Cepulonis v. Ponte
  699 F.2d 573· 1st Cir.· 1983-02-07 ·cited 25×
  The court held that the petitioner failed to demonstrate ineffective assistance of counsel or involuntary guilty pleas, as his alibi lacked substance and the misinformation regarding parole eligibility was not material to his decision to plead guilty.
• Jess Cancino v. Craven
  467 F.2d 1243· 9th Cir.· 1972-10-03 ·cited 25×
  A district court's denial of a habeas petition without an evidentiary hearing was erroneous if it rested on legal errors rather than factual merits, and the ends of justice require reaching the merits of a subsequent petition.
• Bermudez v. State
  901 So. 2d 981· Fla. 4th DCA· 2005-05-11 ·cited 24×
  Pablo Bermudez appealed the denial of his motion to withdraw a guilty plea, arguing his counsel promised him a sentence of eight years or four years plus drug farm if he pleaded guilty, but he received 20 years instead. The Fourth District reversed and remanded, finding the pro s
• Barnhill v. State
  828 So. 2d 405· Fla. 5th DCA· 2002-09-20 ·cited 24×
  The court held that a defendant is entitled to an evidentiary hearing on a claim of ineffective assistance of counsel where counsel allegedly misadvised the defendant about the consequences of a prison releasee reoffender sentence, specifically the ineligibility for gain time.
• Wilson v. State
  814 So. 2d 1203· Fla. 2d DCA· 2002-04-24 ·cited 24×
  Jay Wilson appealed his sexual battery sentence via an Anders brief, challenging his conviction on grounds of ineffective assistance of counsel and involuntary plea. The court affirmed the sentence but declined to address Wilson's substantive claims due to procedural defects in h