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

• Cook v. Lynaugh
  821 F.2d 1072· 5th Cir.· 1987-07-07 ·cited 18×·via Voluntary And Intelligent Guilty Plea
  The court held that ineffective assistance of counsel can constitute cause for a procedural default, and that the petitioner's counsel was constitutionally deficient for failing to investigate a prior conviction used for sentence enhancement.
• Dunn v. Maggio
  712 F.2d 998· 5th Cir.· 1983-08-22 ·cited 18×
  The court held that the petitioner's guilty plea was knowing and voluntary, and the repeal of a statute concerning sentence commutation did not violate the ex post facto clause.
• Thomas v. State
  419 So. 2d 1141· Fla. 1st DCA· 1982-09-23 ·cited 18×·via Coerced Guilty Plea
• Peak v. State
  399 So. 2d 1043· Fla. 5th DCA· 1981-06-10 ·cited 18×·via Voluntary And Intelligent Guilty Plea
  Roosevelt Peak appealed his nolo contendere plea to attempted murder and burglary, contending the plea was involuntary because he was not advised of a three-year minimum mandatory sentence and that his split sentence was improper. The Florida Fifth District Court of Appeal dismis
• United States ex rel. George H. Healey, Jr. v. Cannon
  553 F.2d 1052· 7th Cir.· 1977-04-21 ·cited 18×·via Voluntary And Intelligent Guilty Plea
  The dissenting judge would reverse the majority's decision, finding no justification to invalidate the guilty plea.
• United States v. Barrett
  514 F.2d 1241· 5th Cir.· 1975-06-18 ·cited 18×·via Coerced Guilty Plea
  The court held that the appeal lacked arguable merit and granted counsel's motion to withdraw.
• Wolf v. United States
  430 F.2d 443· 10th Cir.· 1970-08-28 ·cited 18×·via Voluntary And Intelligent Guilty Plea
  The court held that the district court did not err in denying the motion to vacate the sentence, as the record showed no bona fide doubt as to the defendant's competency at the time of his plea and sentencing.
• Reed v. Henderson
  385 F.2d 995· 6th Cir.· 1967-11-28 ·cited 18×
  The court held that a voluntary guilty plea entered with the advice of competent counsel waives all non-jurisdictional defects, and the appellant's claims did not demonstrate a miscarriage of justice.
• Kennedy v. United States
  249 F.2d 257· 5th Cir.· 1957-11-06 ·cited 18×·via Voluntary And Intelligent Guilty Plea
  A district court must hold a hearing on a motion to vacate a sentence under 28 U.S.C.A. § 2255 if the motion asserts a guilty plea was entered without the prisoner's understanding and the record does not conclusively refute this contention.
• Crum v. Hunter
  151 F.2d 359· 10th Cir.· 1945-09-04 ·cited 18×·via Coerced Guilty Plea
  A defendant is not deprived of effective assistance of counsel merely because assigned counsel advises or urges a guilty plea after investigation.
• Simon v. State
  997 So. 2d 490· Fla. 4th DCA· 2008-12-17 ·cited 17×
  Paul Simon appealed a trial court's summary denial of his Florida Rule of Criminal Procedure 3.850 motion for postconviction relief asserting ineffective assistance of counsel. The court affirmed the denial of his first claim regarding a defective charging document but reversed a
• Dumenigo v. State
  988 So. 2d 1201· Fla. 3d DCA· 2008-08-13 ·cited 17×
  Alberto Dumenigo appealed an order denying his motion to vacate a 1997 guilty plea based on inadequate warnings about immigration consequences. The Florida Third District Court of Appeal affirmed, holding that because Dumenigo was independently deportable under a 1988 conviction,
• Ragoobar v. State
  893 So. 2d 647· Fla. 4th DCA· 2005-02-16 ·cited 17×
  A defendant's claim that his plea was involuntary due to attorney misrepresentation regarding sentencing is conclusively refuted by the record if the trial court's plea colloquy clearly informed the defendant of the potential sentence and the lack of a guaranteed outcome.
• Nelson v. State
  780 So. 2d 294· Fla. 1st DCA· 2001-03-19 ·cited 17×
  Michael Nelson appealed the trial court's denial of his motion to withdraw a guilty plea, arguing he should have been informed that conviction would result in sexual predator/offender designation and registration requirements. The First District affirmed, holding that such design
• State v. Hossain Rajaee
  745 So. 2d 469· Fla. 5th DCA· 1999-11-19 ·cited 17×
  A defendant's personal mistake concerning his citizenship status, not attributable to the court or government, does not render a plea involuntary and does not constitute grounds for withdrawal under Florida Rule of Criminal Procedure 3.170(i). The trial court must follow the proc
• Datoral Smith v. State
  741 So. 2d 579· Fla. 3d DCA· 1999-08-25 ·cited 17×
  Datoral Smith appealed his conviction for home invasion robbery and two counts of burglary with assault. The court reversed and remanded, finding that one conviction was subsumed by the other, one duplicate count should be vacated, and the defendant's plea agreement was based on
• Helms v. State
  573 So. 2d 116· Fla. 2d DCA· 1991-01-04 ·cited 17×
  Bobby Helms appeals the denial of his motion for postconviction relief, challenging his no-contest plea on grounds of ineffective assistance of counsel and involuntary plea. The court reversed, holding that the voluntariness of a plea can be undercut by erroneous advice regarding
• Eggleston v. United States
  798 F.2d 374· 9th Cir.· 1986-08-28 ·cited 17×
  The court held that the defendant's guilty plea was entered voluntarily and knowingly, and that his appointed counsel provided effective assistance.
• Smith v. Blackburn
  785 F.2d 545· 5th Cir.· 1986-03-24 ·cited 17×
  The state's failure to adhere to a plea bargain, which induced a guilty plea, invalidates the plea and renders it involuntary, entitling the petitioner to habeas corpus relief.
• Thomas v. State
  172 So. 2d 245· Fla. 2d DCA· 1965-03-03 ·cited 17×·via Coerced Guilty Plea
  A coerced guilty plea claim is not sustained when the defendant pleads guilty based on attorney advice, absent incompetence or prosecution misconduct.
• Jimenez v. State
  993 So. 2d 553· Fla. 2d DCA· 2008-10-15 ·cited 16×
  Rafael Jimenez appealed the denial of his Rule 3.850 postconviction motion challenging the effectiveness of his trial counsel. The appellate court affirmed the denial of most claims but reversed the summary denial of portions of claims two and seven concerning ineffective assista
• Iric v. Spears
  912 So. 2d 694· Fla. 2d DCA· 2005-10-26 ·cited 16×
  The court held that the trial court erred in denying the motion for postconviction relief without attaching record portions that conclusively refuted the defendant's claims.
• Brendon John Boule v. State
  884 So. 2d 1023· Fla. 2d DCA· 2004-10-13 ·cited 16×
  The court held that the record did not conclusively refute the defendant's claim that his plea was involuntary due to attorney misadvice regarding the certainty of a life sentence, requiring an evidentiary hearing.
• Woods v. State
  879 So. 2d 651· Fla. 5th DCA· 2004-07-02 ·cited 16×·via Coerced Guilty Plea
  Willie Mack Woods appeals his sentence for violation of probation and the denial of his motion to withdraw his plea. The Fifth District Court of Appeal reversed the trial court's order requiring Woods to pay supplemental attorney's fees as a condition of probation because the tri
• Miles Lee Brown v. State
  835 So. 2d 402· Fla. 2d DCA· 2003-01-31 ·cited 16×
  Miles Brown appeals the denial of his motion to withdraw his guilty plea, claiming he was denied conflict-free counsel at the hearing on that motion. The court reversed, holding that when a defendant seeks to withdraw a plea on grounds that it was coerced by counsel and has raise
• Weitz v. State
  795 So. 2d 1021· Fla. 2d DCA· 2001-09-05 ·cited 16×·via Voluntary And Intelligent Guilty Plea
  Joseph Weitz appeals the denial of his 3.850 motion for postconviction relief, claiming his guilty plea was involuntary due to ineffective assistance of counsel. The court affirms the denial of most claims but reverses as to Weitz's allegation that counsel failed to advise him of
• Forrest Bill Dooley v. State
  789 So. 2d 1082· Fla. 1st DCA· 2001-06-18 ·cited 16×
  This case concerns whether a defendant who enters a guilty plea can raise an involuntary plea claim in a postconviction motion under Florida Rule 3.850 after failing to raise it in a timely motion to withdraw the plea under Rule 3.170(i). The court held that involuntary plea clai
• Graham v. State
  779 So. 2d 604· Fla. 2d DCA· 2001-02-28 ·cited 16×
  Harold Graham sought to withdraw his guilty plea prior to sentencing after discovering that his attorney had given him mistaken advice regarding a collateral consequence of the plea. The Florida appellate court held that Graham established good cause for withdrawal because his pl
• Bedford v. State
  775 So. 2d 402· Fla. 4th DCA· 2000-12-27 ·cited 16×
  Eric Bedford appealed the summary denial of his rule 3.850 postconviction relief motion. The court held that when a defendant disputes jail credit awarded by the Department of Corrections, the proper remedy is a mandamus petition, not a rule 3.850 motion, and reversed and remande
• Lingenfelser v. State
  734 So. 2d 472· Fla. 4th DCA· 1999-05-12 ·cited 16×·via Coerced Guilty Plea
  Christopher Lingenfelser appeals his conviction for cocaine trafficking after the trial court sentenced him without considering his motion to withdraw his guilty plea and discharge his attorneys. The court held that when a defendant claims his plea was coerced by counsel, the tri
• Smith v. State
  719 So. 2d 1017· Fla. 4th DCA· 1998-11-04 ·cited 16×
  Edward F. Smith appeals the summary denial of his rule 3.850 motion for postconviction relief based on ineffective assistance of counsel. The Fourth District Court of Appeal reversed in part, finding that Smith's claim that counsel failed to investigate voluntary intoxication as
• Trujillo-Pentate v. State
  609 So. 2d 72· Fla. 1st DCA· 1992-11-19 ·cited 16×·via Voluntary And Intelligent Guilty Plea
  Guillermo Trujillo-Pentate appealed his nolo contendere plea and habitual felony offender sentence for drug and firearms offenses. Although the state moved to dismiss based on the no-appeal rule for nolo contendere pleas, the court found it had jurisdiction over the sentencing is
• United States v. Bruce
  976 F.2d 552· 9th Cir.· 1992-10-01 ·cited 16×·via Coerced Guilty Plea
  A district judge's participation in plea bargaining discussions violates Fed. R. Crim. P. 11(e)(1), entitling a defendant to withdraw their guilty plea. Additionally, failure to adequately inform a defendant of the nature of the charges violates Fed. R. Crim. P. 11(c)(1), also re
• Reutter v. State
  590 So. 2d 1133· Fla. 2d DCA· 1992-01-03 ·cited 16×
  David Reutter appeals the summary denial of his Rule 3.850 postconviction motion challenging his guilty plea to capital murder. The court reversed the summary denial of two allegations—that his plea was involuntary due to psychotherapeutic medication and that counsel was ineffect
• Waterhouse v. Rodriguez
  848 F.2d 375· 2d Cir.· 1988-06-03 ·cited 16×
  The court held that while the petitioner exhausted his Sixth Amendment claim, the per se rule from Solina v. United States does not apply when counsel is disbarred during a pretrial proceeding but withdraws upon learning of the disbarment and had no incentive to fear exposure fro
• Ginebra v. State
  498 So. 2d 467· Fla. 3d DCA· 1986-08-26 ·cited 16×
  The court held that the trial court erred in summarily denying the defendant's motion for post-conviction relief without attaching portions of the record conclusively demonstrating the defendant is entitled to no relief.
• Neyland v. Blackburn
  785 F.2d 1283· 5th Cir.· 1986-03-31 ·cited 16×·via Voluntary And Intelligent Guilty Plea
  The court held that the petitioner's guilty plea and sentence enhancement were constitutionally valid, as the record demonstrated the plea was knowing and voluntary, and the enhanced sentence was based on adequate warnings and counsel's authorized admissions.
• Ream v. State
  449 So. 2d 960· Fla. 4th DCA· 1984-05-09 ·cited 16×
  Appellants challenged their guilty pleas on post-conviction relief grounds, alleging their counsel had promised a plea bargain for three years' probation but they received three years in prison instead. The court reversed and remanded, finding the guilty pleas involuntary based o
• Allen v. State
  427 So. 2d 280· Fla. 2d DCA· 1983-02-18 ·cited 16×·via Coerced Guilty Plea
  The court reversed the trial court's summary denial of a Rule 3.850 postconviction motion for ineffective assistance of counsel and plea coercion because the trial court failed to conduct an evidentiary hearing or attach record portions refuting the allegations.
• Hall v. Maggio
  697 F.2d 641· 5th Cir.· 1983-02-07 ·cited 16×·via Voluntary And Intelligent Guilty Plea
  The court held that the magistrate's findings that the petitioner's guilty plea was voluntary and intelligent, and that no promise of parole was made, were not clearly erroneous.
• Jones v. Louie L. Wainwright
  604 F.2d 414· 5th Cir.· 1979-10-12 ·cited 16×·via Coerced Guilty Plea
  The court held that the petitioner's guilty plea was not coerced and his attorney at the probation revocation hearing provided reasonably effective assistance.
• RAY v. Rose
  535 F.2d 966· 6th Cir.· 1976-05-10 ·cited 16×·via Voluntary And Intelligent Guilty Plea
  The court held that James Earl Ray's guilty plea was entered voluntarily and knowingly, and he was not denied effective assistance of counsel despite potential conflicts of interest and alleged procedural improprieties.
• United States v. Crowley
  529 F.2d 1066· 3d Cir.· 1976-02-06 ·cited 16×·via Voluntary And Intelligent Guilty Plea
  The court held that the absence of counsel at a hearing on a motion to withdraw a guilty plea was harmless error beyond a reasonable doubt, and that the trial court did not abuse its discretion in denying the motion to withdraw the plea.
• United States ex rel. Raynard Dunn v. Casscles
  494 F.2d 397· 2d Cir.· 1974-03-25 ·cited 16×·via Voluntary And Intelligent Guilty Plea
  A guilty plea entered to avoid the risks of trial, especially when coupled with protestations of innocence, is constitutionally invalid if the sentencing judge fails to ascertain a factual basis for the plea.
• Kermit Nello Burton v. United States
  483 F.2d 1182· 9th Cir.· 1973-02-28 ·cited 16×·via Voluntary And Intelligent Guilty Plea
  The dissenting judge argues that the majority erred in reversing the district court's decision, asserting that the defendant's guilty plea was voluntary and properly accepted under Rule 11.
• Page v. United States
  462 F.2d 932· 3d Cir.· 1972-06-28 ·cited 16×·via Voluntary And Intelligent Guilty Plea
  The court held that the dismissal of the appellant's petition for correction and reduction of sentence was not an abuse of discretion, as the sentence was within statutory limits and the plea was voluntary.
• United States ex rel. Tilden Louis Condon v. Erickson
  459 F.2d 663· 8th Cir.· 1972-04-13 ·cited 16×·via Voluntary And Intelligent Guilty Plea
  The court held that the federal district court erred in refusing to consider the jurisdictional question on the ground of unexhausted state remedies, and that an evidentiary hearing is required on that issue.
• Alford v. State OF N.C.
  405 F.2d 340· 4th Cir.· 1968-11-26 ·cited 16×·via Coerced Guilty Plea
  The dissenting judge argues that the defendant's plea to second-degree murder, motivated by fear of capital punishment, was not unconstitutionally coerced under the principles of United States v. Jackson. The infirmity in the statute related to capital punishment, not lesser offe
• Richardson v. State
  202 So. 2d 137· Fla. 3d DCA· 1967-08-08 ·cited 16×·via Coerced Guilty Plea
  The Florida District Court of Appeal reversed an order summarily denying a prisoner's third petition to vacate his guilty plea. The court found that the record did not refute the prisoner's allegations of coercion by his counsel and the judge, necessitating further proceedings.
• Reed v. United States
  354 F.2d 227· 5th Cir.· 1965-12-16 ·cited 16×·via Voluntary And Intelligent Guilty Plea
  The court held that the appellant was denied his right to counsel when entering his guilty plea, as no offer of counsel was made. The district court erred in dismissing the petition without a hearing.