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

• United States ex rel. James W. McDonald v. Commonwealth OF Pa.
  343 F.2d 447· 3d Cir.· 1965-03-29 ·cited 16×·via Voluntary And Intelligent Guilty Plea
  The court held that the lower court erred in denying the habeas corpus petition without a sufficient factual record and remanded for reconsideration.
• Edgerton v. State OF N.C.
  315 F.2d 676· 4th Cir.· 1963-03-14 ·cited 16×·via Coerced Guilty Plea
  The court held that the district court erred in denying the habeas corpus petition without a plenary hearing, as the petition alleged facts not patently frivolous or false when considered against the record.
• Bistram v. United States
  237 F.2d 243· 8th Cir.· 1956-10-18 ·cited 16×·via Coerced Guilty Plea
  The court held that a second motion to vacate a sentence, raising new grounds not previously considered, should not be summarily denied as successive without a hearing, especially when the government confesses error.
• Dodd v. United States
  196 F.2d 190· 10th Cir.· 1952-04-18 ·cited 16×·via Coerced Guilty Plea
  The court held that the trial court's acceptance of guilty pleas resolved the issue of mental capacity, and the subsequent findings on coercion claims were supported by evidence, precluding collateral attack.
• Thompson v. State
  50 So. 3d 1208· Fla. 4th DCA· 2010-12-29 ·cited 15×
  Thompson appealed the denial of his motion to withdraw a no-contest plea to marijuana possession, claiming his plea was involuntary because he was not informed of the mandatory license suspension. The appellate court affirmed the denial, finding the record conclusively showed the
• Townsend v. State
  927 So. 2d 1064· Fla. 4th DCA· 2006-05-10 ·cited 15×
  A plea is involuntary if the defendant is not informed of a mandatory minimum sentence, and a written form is insufficient without verification of understanding.
• Foster v. State
  794 So. 2d 731· Fla. 3d DCA· 2001-09-19 ·cited 15×
  Douglas Foster appeals the denial of his motion for postconviction relief under Florida Rule of Criminal Procedure 3.850, arguing his no contest plea was involuntary because it was based on an unconstitutional 1995 sentencing guidelines scoresheet. The court affirms, holding that
• Tavares Derel Gibson v. State
  792 So. 2d 1278· Fla. 4th DCA· 2001-09-05 ·cited 15×
  The court held that the trial court erred in summarily denying the motion for post-conviction relief without attaching sufficient record documentation to refute the claim.
• Wright v. State
  447 So. 2d 961· Fla. 1st DCA· 1984-03-14 ·cited 15×·via Coerced Guilty Plea
• McKOWEN v. State
  831 So. 2d 794· Fla. 5th DCA· 2002-12-06 ·cited 14×
  John McKowen appealed the summary denial of his rule 3.850 motion challenging his no-contest plea, arguing that his counsel misadvised him about whether resulting convictions could be used as prior felonies for sentencing purposes. The Fifth District Court of Appeal affirmed the
• Robinson v. State
  829 So. 2d 984· Fla. 1st DCA· 2002-11-07 ·cited 14×
  Michael Robinson challenged a summary denial of his Rule 3.850 motion claiming ineffective assistance of counsel and an illegal sentence. The court affirmed the denial of his first two claims but reversed and remanded his third claim regarding the illegality of consecutive senten
• Hipps v. State
  790 So. 2d 583· Fla. 1st DCA· 2001-08-01 ·cited 14×
  The court affirmed the denial of a motion to correct sentence under Rule 3.800(b)(2) because the defendant's negotiated plea was based on a specific term of years rather than the sentencing guidelines minimum, though the defendant may pursue relief under Rule 3.850 claiming invol
• Eulo v. State
  786 So. 2d 43· Fla. 4th DCA· 2001-05-11 ·cited 14×
  The Florida District Court of Appeal reversed a trial court's decision to impose a five-year sentence on a defendant who was late for her plea hearing. The appellate court found the delay to be de minimis and involuntary, thus entitling the defendant to the bargained-for 180-day
• Regan v. State
  730 So. 2d 828· Fla. 1st DCA· 1999-04-13 ·cited 14×
  Timothy Regan challenged his guilty pleas under Florida Rule of Criminal Procedure 3.850, claiming his court-appointed counsel ineffectively advised him that his sentences would run concurrently rather than consecutively. The appellate court reversed the trial court's denial of r
• Love v. State
  623 So. 2d 1221· Fla. 1st DCA· 1993-09-10 ·cited 14×·via Voluntary And Intelligent Guilty Plea
  The court held that a motion for post-conviction relief, even if filed late, must be properly sworn to be considered on its merits.
• Griffin v. State
  573 So. 2d 979· Fla. 5th DCA· 1991-01-24 ·cited 14×
  Court reversed denial of Rule 3.850 motion to vacate conviction for aggravated battery where trial judge failed to hold evidentiary hearing or attach record portions to refute claims of coerced plea and jail time credit entitlement.
• Etlinger v. State
  538 So. 2d 1354· Fla. 2d DCA· 1989-02-22 ·cited 14×
  The court held that the trial court erred in summarily denying the double jeopardy contention because recent supreme court decisions established a new constitutional right that applies retroactively. However, other grounds for relief were procedurally barred.
• United States v. Amin Ataya
  864 F.2d 1324· 7th Cir.· 1988-12-14 ·cited 14×·via Voluntary And Intelligent Guilty Plea
  The court held that the defendant breached his plea agreement by refusing to cooperate further, and therefore the superseding indictment should not have been dismissed.
• Johnson v. State
  523 So. 2d 755· Fla. 2d DCA· 1988-04-15 ·cited 14×
  James Johnson appeals the summary denial of his motion for postconviction relief challenging the voluntariness of his guilty plea. The court reverses, finding that Johnson made a prima facie showing that his plea was involuntary because he was misinformed about the applicable sen
• Coleman v. State OF Ala.
  827 F.2d 1469· 11th Cir.· 1987-09-21 ·cited 14×·via Voluntary And Intelligent Guilty Plea
  The court held that the failure to inform a defendant of the potential benefits of the Alabama Youthful Offender Act before accepting a guilty plea violates federal due process, requiring the plea to be set aside.
• Alfio Ferro v. State
  510 So. 2d 339· Fla. 2d DCA· 1987-07-08 ·cited 14×
  Alfio Ferro challenged his conviction eight years after sentencing, claiming his right to collaterally attack the conviction was violated by the absence of trial transcripts. The Florida appellate court affirmed the trial court's denial of his Rule 3.850 motions, holding that ind
• Ivory Ferrell v. Music
  484 So. 2d 595· Fla. 4th DCA· 1985-11-06 ·cited 14×·via Voluntary And Intelligent Guilty Plea
  A prisoner petitioned for a writ of habeas corpus to belatedly appeal the denial of his post-conviction relief motion, claiming he did not receive the trial court's order for seven months due to a mailing delay. The Florida District Court of Appeal granted the petition, finding t
• Pitts v. United States
  763 F.2d 197· 6th Cir.· 1985-05-30 ·cited 14×·via Voluntary And Intelligent Guilty Plea
  The court held that a defendant's claim of attorney misadvice regarding maximum sentence exposure, and the trial court's own misstatement of maximum sentence exposure, warrant an evidentiary hearing to determine if the guilty plea was voluntary and intelligent.
• United States v. Patterson
  739 F.2d 191· 5th Cir.· 1984-08-13 ·cited 14×
  The court held that Patterson is entitled to an evidentiary hearing on his claim that he involuntarily pled guilty.
• Little v. Allsbrook
  731 F.2d 238· 4th Cir.· 1984-04-05 ·cited 14×
  The court held that the defendant was grossly misled regarding parole eligibility, despite the sentence imposed being within the predicted range.
• Kennedy v. Maggio
  725 F.2d 269· 5th Cir.· 1984-02-21 ·cited 14×·via Voluntary And Intelligent Guilty Plea
  A guilty plea induced by counsel's erroneous advice that the death penalty was applicable, when it was not, renders the plea involuntary and violates the Sixth Amendment right to effective assistance of counsel.
• Ward v. State
  433 So. 2d 1221· Fla. 3d DCA· 1983-05-31 ·cited 14×
  Michael Ward appeals the denial of his motion to withdraw guilty pleas to 1969 rape charges, arguing he was misinformed by counsel about the death penalty risk. The court holds that because the death penalty was not reinstated for rape of victims over eleven after Furman v. Georg
• Moya v. W.J. Estelle, Jr.
  696 F.2d 329· 5th Cir.· 1983-01-24 ·cited 14×·via Voluntary And Intelligent Guilty Plea
  A federal court need not hold an evidentiary hearing on a habeas corpus petition if the petitioner's allegations are contradicted by the existing record, including prior sworn testimony and affidavits.
• Pollinzi v. Estelle
  628 F.2d 417· 5th Cir.· 1980-10-16 ·cited 14×·via Coerced Guilty Plea
  The court held that the district court did not err in denying relief on claims of a coerced guilty plea and ineffective assistance of counsel.
• United States v. Cammisano
  599 F.2d 851· 8th Cir.· 1979-06-01 ·cited 14×·via Coerced Guilty Plea
  The court held that the district court failed to comply with Fed.R.Crim.P. 11 when accepting the defendant's guilty plea, necessitating a remand.
• Britt v. State
  352 So. 2d 148· Fla. 2d DCA· 1977-11-23 ·cited 14×
  Appellant Britt was convicted and sentenced to 15 years with probation, then violated probation and received 5 years in prison. He sought to withdraw his guilty pleas, claiming he was misled about sentencing exposure. The court reversed because all parties, including the trial ju
• Bedie Thundershield v. Solem
  565 F.2d 1018· 8th Cir.· 1977-11-14 ·cited 14×·via Voluntary And Intelligent Guilty Plea
  A guilty plea is constitutionally valid even if the defendant maintains their innocence, provided the plea is voluntary, intelligent, and supported by a factual basis, and counsel was effective.
• Akridge v. Hopper
  545 F.2d 457· 5th Cir.· 1977-01-13 ·cited 14×·via Voluntary And Intelligent Guilty Plea
  A guilty plea entered with the advice of counsel, which advice was within the range of competency demanded of attorneys in criminal cases, is not subject to federal habeas corpus intervention.
• Calabrese v. United States
  507 F.2d 259· 1st Cir.· 1974-11-29 ·cited 14×·via Coerced Guilty Plea
  A defendant's mistaken belief about the sentence they will receive, absent coercion or false promises, is not grounds to vacate a guilty plea.
• Thunder v. United States
  477 F.2d 1326· 8th Cir.· 1973-05-21 ·cited 14×·via Voluntary And Intelligent Guilty Plea
  The court held that the trial judge substantially complied with Rule 11 of the Federal Rules of Criminal Procedure, and thus the appellant's motion to vacate his sentence was properly denied.
• Smith v. Lamont Smith
  433 F.2d 582· 5th Cir.· 1970-10-30 ·cited 14×·via Voluntary And Intelligent Guilty Plea
  A valid guilty plea waives all non-jurisdictional defects in prior proceedings, including claims of ineffective assistance of counsel or lack of counsel at pre-trial identification procedures.
• Chambers v. Beto
  428 F.2d 791· 5th Cir.· 1970-06-15 ·cited 14×
  A guilty plea entered on advice of competent counsel is not rendered involuntary by allegations of illegally seized evidence or a coerced confession.
• United States v. Thomas
  415 F.2d 1216· 9th Cir.· 1969-08-12 ·cited 14×·via Coerced Guilty Plea
  The court held that the district court did not abuse its discretion in denying the motion to withdraw the guilty plea, as the plea was not coerced.
• File v. Lamont Smith
  413 F.2d 969· 5th Cir.· 1969-07-16 ·cited 14×·via Coerced Guilty Plea
  A voluntary and understanding guilty plea waives all non-jurisdictional defects in prior proceedings.
• Mickey E. Vanater v. Otto C. Boles
  377 F.2d 898· 4th Cir.· 1967-05-24 ·cited 14×
  The court held that a guilty plea waives non-jurisdictional defects, including potential conflicts of interest in counsel representation, and that the petitioner failed to prove his plea was involuntary.
• Bistram v. United States
  283 F.2d 1· 8th Cir.· 1960-10-24 ·cited 14×·via Coerced Guilty Plea
  The court held that the district court did not err in denying the defendant's third motion to vacate sentence as a second or successive motion for similar relief under 28 U.S.C. § 2255.
• Factor v. FOX
  175 F.2d 626· 6th Cir.· 1949-07-05 ·cited 14×
  The appeal is dismissed because the controversy has become moot due to the petitioner's parole and release from the warden's custody.
• Behrens v. Hironimus
  166 F.2d 245· 4th Cir.· 1948-02-18 ·cited 14×·via Coerced Guilty Plea
  The court held that the petitioner's allegations of denial of counsel and a coerced guilty plea, if true, entitle her to a hearing on her petition for a writ of habeas corpus.
• United States v. Mignogna
  157 F.2d 839· 2d Cir.· 1946-11-06 ·cited 14×·via Coerced Guilty Plea
  The court held that the district court did not abuse its discretion in denying the motion to withdraw a guilty plea.
• Neal v. State
  142 So. 3d 883· Fla. 1st DCA· 2014-05-20 ·cited 13×
  This is an Anders appeal from a conviction and HFO sentence following a mid-trial nolo contendere plea. While the court affirmed the conviction and sentence after independent review, it issued a substantial opinion criticizing appointed counsel's deficient Anders brief for failin
• Ciambrone v. State
  128 So. 3d 227· Fla. 2d DCA· 2013-12-11 ·cited 13×
  Heather Ciambrone appeals the summary denial of her Rule 3.850 motion for postconviction relief based on ineffective assistance of counsel claims. The appellate court affirms the denial of three claims but reverses the summary denial of seven remaining claims, finding that the tr
• Renard Nealie Williams v. State
  134 So. 3d 975· Fla. 1st DCA· 2012-04-04 ·cited 13×·via Voluntary And Intelligent Guilty Plea
  Renard Williams appealed his no-contest plea to robbery, challenging the trial court's order finding him competent to stand trial. The appellate court affirmed, holding that an order finding a defendant competent is not a dispositive issue that can be reserved for appeal, and Wil
• Wells v. State
  881 So. 2d 54· Fla. 4th DCA· 2004-08-18 ·cited 13×
  Cornelius Wells appeals the summary denial of his post-conviction motion claiming ineffective assistance of counsel for failing to move for speedy trial discharge. The court reverses and remands, holding that Wells was entitled to an evidentiary hearing because the State's failur
• United States v. FOX
  941 F.2d 480· 7th Cir.· 1991-08-15 ·cited 13×·via Voluntary And Intelligent Guilty Plea
  The court held that the district court's failure to explicitly inform the defendant of the possibility of restitution was harmless error, and that his sentence did not violate the Double Jeopardy Clause.
• United States v. Daniels
  902 F.2d 1238· 7th Cir.· 1990-05-10 ·cited 13×·via Coerced Guilty Plea
  The court held that the indictment was valid because the grand jury's term was properly extended, and that the defendant's guilty plea was not coerced by promises of leniency.