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

• Smith v. Freeman
  892 F.2d 331· 3d Cir.· 1989-12-29 ·cited 24×
  The court held that the state courts failed to provide a full and fair evidentiary hearing on the defendant's mental competency at the time of his guilty plea, entitling him to a federal evidentiary hearing.
• Payne v. State
  362 So. 2d 688· Fla. 2d DCA· 1978-09-08 ·cited 24×
• United States v. Davis
  516 F.2d 574· 7th Cir.· 1975-05-15 ·cited 24×·via Voluntary And Intelligent Guilty Plea
  A guilty plea can be accepted under Rule 11 even if the defendant maintains innocence, provided there is a strong factual basis for the plea and the defendant understands the charge and consequences.
• Mosher v. Lavallee
  491 F.2d 1346· 2d Cir.· 1974-01-08 ·cited 24×
  The court held that a guilty plea induced by defense counsel's false assurance of a specific sentence, which the defendant reasonably believed, renders the plea involuntary and constitutes ineffective assistance of counsel.
• United States v. Tabory
  462 F.2d 352· 4th Cir.· 1972-06-21 ·cited 24×·via Voluntary And Intelligent Guilty Plea
  The court held that the defendant's guilty plea was voluntary and intelligent, and the trial court did not abuse its discretion in denying his motion to withdraw the plea.
• Kirshberger v. United States
  392 F.2d 782· 5th Cir.· 1968-04-08 ·cited 24×·via Voluntary And Intelligent Guilty Plea
  The court held that the trial court did not abuse its discretion in denying the appellants' motion to withdraw their guilty pleas.
• Armour Bailey v. United States
  312 F.2d 679· 10th Cir.· 1963-01-24 ·cited 24×·via Voluntary And Intelligent Guilty Plea
  The court held that the district court did not err in denying the motion to vacate the judgment and sentence, as the petitioner's plea was voluntary and understanding, and sentencing procedures were substantially compliant.
• Burgett v. United States
  237 F.2d 247· 8th Cir.· 1956-10-19 ·cited 24×·via Coerced Guilty Plea
  The court held that the appellant's claims of a coerced plea and invalid waiver were refuted by the record and did not raise substantial issues of fact requiring a hearing.
• Henry v. State
  920 So. 2d 1245· Fla. 5th DCA· 2006-02-24 ·cited 23×
  Richard Henry appeals a trial court's denial of his motion for postconviction relief under Florida Rule of Criminal Procedure 3.850, raising three claims of ineffective assistance of counsel and an involuntary plea. The appellate court affirmed dismissal of two claims but reverse
• Bethune v. State
  774 So. 2d 4· Fla. 2d DCA· 2000-05-24 ·cited 23×
  Failure to inform a defendant of potential future sentence-enhancing consequences of a plea does not constitute ineffective assistance of counsel or render the plea involuntary.
• State v. Shaikh
  65 So. 3d 539· Fla. 5th DCA· 2011-06-03 ·cited 22×
  Florida appellate court reversed a trial court's grant of post-conviction relief based on Padilla v. Kentucky, holding that Padilla does not apply retroactively to pleas entered before the decision was issued.
• Gregory Banks v. State
  887 So. 2d 1191· Fla.· 2004-10-14 ·cited 22×·via Voluntary And Intelligent Guilty Plea
  Gregory Banks sought postconviction relief after the 1995 sentencing guidelines were invalidated, arguing he negotiated his plea based on those guidelines and should be resentenced or allowed to withdraw his plea. The Florida Supreme Court affirmed the denial of relief, holding t
• Bond v. State
  695 So. 2d 778· Fla. 1st DCA· 1997-05-02 ·cited 22×
  Joseph Bond appealed the trial court's summary denial of his Rule 3.850 postconviction motion challenging his guilty plea to sexual battery. The appellate court affirmed, holding that the plea hearing transcript and plea form conclusively refuted Bond's claims of ineffective assi
• Dolan v. State
  618 So. 2d 271· Fla. 2d DCA· 1993-03-31 ·cited 22×
  Gary Dolan appeals the denial of his motion to withdraw his guilty plea, claiming it was made without understanding its consequences and influenced by mistaken beliefs about parole eligibility. The court affirms in part and reverses in part, remanding the case for an evidentiary
• United States v. Smith
  844 F.2d 203· 5th Cir.· 1988-04-19 ·cited 22×
  The court held that a violation of Federal Rule of Criminal Procedure 32(c)(3)(D) is not cognizable under 28 U.S.C. § 2255 if it could have been raised on direct appeal. The court also affirmed the denial of claims regarding involuntary guilty plea and ineffective assistance of c
• Hollis v. United States
  687 F.2d 257· 8th Cir.· 1982-08-30 ·cited 22×
  The court held that the failure to file a timely appeal constitutes ineffective assistance of counsel, but the failure to order a second psychiatric examination and the voluntariness of the guilty plea were not grounds for relief.
• United States v. Goodheim
  651 F.2d 1294· 9th Cir.· 1981-07-27 ·cited 22×·via Voluntary And Intelligent Guilty Plea
  The court held that the Supreme Court's decision in Lewis v. United States, which allowed constitutionally infirm prior convictions to serve as predicate felonies, should not be applied retroactively in this circuit due to due process concerns regarding fair warning.
• Williams v. State
  259 So. 2d 753· Fla. 1st DCA· 1972-03-30 ·cited 22×
  Robert Earl Williams challenged his guilty plea conviction for breaking and entering and a contempt citation for perjury. The Florida First District Court of Appeal affirmed his guilty plea conviction after finding it was voluntary and the result of proper plea bargaining with co
• Smedberg v. United States
  448 F.2d 401· 5th Cir.· 1971-08-24 ·cited 22×·via Voluntary And Intelligent Guilty Plea
  The court held that the defendant knowingly and understandably waived his Fifth Amendment privilege against self-incrimination by pleading guilty to a tax count, despite being warned of a potential defense.
• Hield v. State
  201 So. 2d 235· Fla. 4th DCA· 1967-07-24 ·cited 22×·via Voluntary And Intelligent Guilty Plea
  A voluntary plea of guilty entered on advice of counsel is conclusive as to the defendant's guilt, waives all non-jurisdictional defects in prior proceedings, and cannot be collaterally attacked based on previously illegally obtained confessions or other procedural defects.
• Trotter v. United States
  359 F.2d 419· 2d Cir.· 1966-04-21 ·cited 22×·via Coerced Guilty Plea
• Smith v. State
  840 So. 2d 404· Fla. 4th DCA· 2003-03-19 ·cited 21×·via Voluntary And Intelligent Guilty Plea
  A defendant is entitled as a matter of right to withdraw a guilty or no-contest plea entered prior to sentencing upon showing good cause, including a misapprehension of the plea terms, where the record contains no evidence contradicting the defendant's claim of misunderstanding a
• Jackson v. State
  801 So. 2d 1024· Fla. 5th DCA· 2001-12-21 ·cited 21×·via Coerced Guilty Plea
  The appellate court affirmed the denial of the defendant's motion for post-conviction relief, finding that his claims of ineffective assistance of counsel regarding a coerced guilty plea were refuted by the record and did not warrant an evidentiary hearing.
• Jones v. State
  680 So. 2d 585· Fla. 4th DCA· 1996-09-11 ·cited 21×·via Voluntary And Intelligent Guilty Plea
  A defendant cannot collaterally attack the voluntariness of his plea based on alleged misstatements by defense counsel when the trial court correctly advised him of the maximum potential sentences at the plea hearing and he acknowledged understanding them without raising any ques
• Edmond Boris Shell v. State
  501 So. 2d 1334· Fla. 2d DCA· 1987-01-07 ·cited 21×
  The court held that the trial court erred in summarily denying Shell's motion to withdraw his plea without requiring the state to respond, as the record did not clearly refute Shell's allegations of an involuntary plea.
• Johnson v. State
  757 So. 2d 586· Fla. 2d DCA· 2000-05-10 ·cited 20×
  Jeffrey Johnson appeals the denial of his motion to withdraw a guilty plea, claiming his attorney gave him erroneous advice about the sentence he would receive. The appellate court reverses the summary denial and remands for an evidentiary hearing to determine whether counsel was
• Horton v. State
  646 So. 2d 253· Fla. 1st DCA· 1994-11-22 ·cited 20×
  David Horton appeals the denial of his motion to withdraw a no contest plea to two counts of uttering forged instruments. The appellate court affirmed the trial court's denial, holding that Horton's plea was entered voluntarily and that the trial court properly advised him of the
• Waters v. State
  612 So. 2d 685· Fla. 5th DCA· 1993-01-22 ·cited 20×
  The court held that a motion for post-conviction relief cannot be summarily denied without attaching the relevant record or holding an evidentiary hearing if the allegations are facially sufficient.
• Joseph v. Butler
  838 F.2d 786· 5th Cir.· 1988-03-03 ·cited 20×·via Voluntary And Intelligent Guilty Plea
  The court held that the record satisfied the requirements for accepting a guilty plea to a multiple offender charge to the extent they were applicable, and that the defendant failed to demonstrate ineffective assistance of counsel.
• Simmons v. State
  485 So. 2d 475· Fla. 2d DCA· 1986-03-19 ·cited 20×·via Coerced Guilty Plea
  The court held that a defendant alleging his present sentence is enhanced by prior convictions, even if expired, has standing to attack those convictions for postconviction relief purposes.
• United States ex rel. Steven Grundset v. Franzen
  675 F.2d 870· 7th Cir.· 1982-04-13 ·cited 20×·via Voluntary And Intelligent Guilty Plea
  The court held that the district court erred in granting summary judgment for the petitioner, as the state record, despite the lack of a verbatim transcript, sufficiently demonstrated the voluntary and knowing waiver of constitutional rights.
• United States v. Simmons
  497 F.2d 177· 5th Cir.· 1974-07-12 ·cited 20×·via Voluntary And Intelligent Guilty Plea
  The court held that the district court did not abuse its discretion in denying the appellant's motion to withdraw his guilty plea.
• Flint v. Howard
  464 F.2d 1084· 1st Cir.· 1972-06-15 ·cited 20×
  The court denied the petition for rehearing, finding no merit in the petitioner's arguments regarding misleading court actions, the application of Rule 6(e), or treating a motion for reconsideration as a motion to vacate judgment.
• Johnson v. Louie L. Waxnwright
  456 F.2d 1200· 5th Cir.· 1972-02-25 ·cited 20×
  A guilty plea is not rendered involuntary by erroneous advice that the maximum sentence was less than the statutory maximum, especially when the actual sentence imposed was less than the statutory maximum. Furthermore, a trial court has no constitutional obligation to advise a de
• Diamond v. United States
  432 F.2d 35· 9th Cir.· 1970-09-18 ·cited 20×·via Coerced Guilty Plea
  The court held that the district court erred in denying an evidentiary hearing on the petitioner's claim of being coerced into a guilty plea by physical abuse from law enforcement officers.
• Alva Eugene Hemming, III v. United States
  409 F.2d 11· 5th Cir.· 1969-03-26 ·cited 20×
  The court affirmed the district court's denial of the motion to vacate judgment and sentence.
• United States ex rel. Oscar Leon Rosen v. The Hon. Harold W. Follette
  409 F.2d 1042· 2d Cir.· 1969-02-26 ·cited 20×
  A habeas corpus petition must allege facts showing not only that a confession was coerced, but also that the guilty plea was involuntary due to the confession.
• Hettick v. State
  977 So. 2d 797· Fla. 2d DCA· 2008-04-04 ·cited 19×
  Michael Hettick appealed the denial of his motion to correct an allegedly illegal sentence, claiming his concurrent sentences exceeded his negotiated plea agreement's "83 mos FSP cap concurrent" provision. The Florida District Court of Appeal reversed and remanded, finding that w
• United States v. Jones
  977 F.2d 105· 4th Cir.· 1992-09-24 ·cited 19×·via Voluntary And Intelligent Guilty Plea
  The court held that federal sentencing proceedings are not appropriate forums for reviewing the constitutionality of a defendant's prior state convictions.
• Laycock v. State OF NEW Mexico
  880 F.2d 1184· 10th Cir.· 1989-07-26 ·cited 19×
  The court held that the district court's denial of the habeas corpus petition was correct, affirming the judgment.
• Slicker v. Louie L. Wainwright
  809 F.2d 768· 11th Cir.· 1987-02-12 ·cited 19×
  The court held that the district court must determine if the appellant's allegations satisfy the standard set forth in Hill v. Lockhart regarding ineffective assistance of counsel and prejudice from faulty legal advice.
• Gaddy v. Linahan
  780 F.2d 935· 11th Cir.· 1986-01-22 ·cited 19×
  The court held that a guilty plea must be knowing and voluntary, requiring the defendant to understand the elements of the charge, and that the reading of an indictment alone may be insufficient for a defendant of minimal mental capacity.
• State v. Vernson Edward Dortch
  317 So. 3d 1074· Fla.· 2021-05-20 ·cited 18×
  Florida Supreme Court reversed a Fourth District appellate decision that recognized a "fundamental error" exception to the requirement that a defendant must file a motion to withdraw a guilty plea before appealing claims of involuntariness. The Court held that no such exception e
• Jireh Kleppinger v. State
  760 So. 2d 1045· Fla. 2d DCA· 2000-06-16 ·cited 18×·via Voluntary And Intelligent Guilty Plea
  Affirmed burglary conviction but allowed defendant to challenge plea validity under Rule 3.850 because the 1995 sentencing guidelines scoresheet used at sentencing violated Florida's single subject rule.
• Austin v. State
  756 So. 2d 1080· Fla. 4th DCA· 2000-04-19 ·cited 18×
  Jeffery Austin appealed the denial of his motion to correct an illegal sentence for armed kidnapping, arguing he was erroneously sentenced as a habitual offender for an offense that was not subject to habitualization under the 1991 statute. The court affirmed the denial of the fi
• Roan Peart v. State
  754 So. 2d 723· Fla. 4th DCA· 1999-08-04 ·cited 18×
  Roan Peart appealed the denial of his petition for writ of error coram nobis, claiming his guilty plea was involuntary because the trial judge did not orally advise him of potential deportation consequences. The Florida Fourth District Court of Appeal affirmed the denial, holding
• LaMONICA v. State
  732 So. 2d 1175· Fla. 4th DCA· 1999-04-21 ·cited 18×
  The court held that the defendant's allegations of counsel's affirmative misinformation about plea consequences were sufficient to require an evidentiary hearing.
• United States v. Erwin Darrell Newman
  912 F.2d 1119· 9th Cir.· 1990-08-30 ·cited 18×·via Voluntary And Intelligent Guilty Plea
  The court held that the defendant bears the burden of proving the constitutional invalidity of a prior conviction used in calculating his criminal history score, and that the defendant failed to meet this burden based on the state court transcript.
• Shaffner v. State
  562 So. 2d 430· Fla. 1st DCA· 1990-06-18 ·cited 18×
  Shaffner appealed the denial of his Rule 3.850 postconviction motion, claiming his guilty plea to escape was involuntarily induced by his attorney's misrepresentation regarding gain-time consequences. The court affirmed the denial, finding the motion facially insufficient because
• United States v. McFARLAND
  839 F.2d 1239· 7th Cir.· 1988-02-10 ·cited 18×·via Voluntary And Intelligent Guilty Plea
  The court held that the district court did not abuse its discretion in denying the defendant's motion to withdraw his guilty plea.