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 v. French
  719 F.2d 387· 11th Cir.· 1983-11-10 ·cited 13×·via Voluntary And Intelligent Guilty Plea
  The court held that a defendant's ignorance of a specific plea bargaining rule not applicable to his case does not render his guilty plea involuntary or constitute ineffective assistance of counsel.
• Williamson v. State OF Ala.
  441 F.2d 549· 5th Cir.· 1971-04-23 ·cited 13×
  A guilty plea waives non-jurisdictional defects, and a plea to avoid the death penalty is not involuntary.
• Teller v. United States
  263 F.2d 871· 6th Cir.· 1959-02-27 ·cited 13×·via Coerced Guilty Plea
  The court held that the district court erred in not granting the appellant a hearing on his motion to vacate his sentence.
• Jules v. State
  233 So. 3d 1196· Fla. 3d DCA· 2017-11-29 ·cited 12×
  The appellate court held that the defendant's motion for postconviction relief, alleging his plea was involuntary due to lack of immigration warnings, was time-barred because it was filed more than two years after his judgment and sentence became final, and he failed to establish
• Singleton v. State
  981 So. 2d 1259· Fla. 2d DCA· 2008-05-21 ·cited 12×
  Singleton appeals the summary denial of his postconviction relief motion claiming his trial counsel misadvised him about parole eligibility, which induced him to reject a favorable plea offer. The court reverses, holding that although the Supreme Court's decision in Ey v. State a
• McPHEE v. State
  823 So. 2d 160· Fla. 3d DCA· 2002-06-26 ·cited 12×
  The court held that affirmative misadvice by counsel regarding potential sentence-enhancing consequences of a guilty plea does not render the plea involuntary.
• Baker v. State
  796 So. 2d 589· Fla. 2d DCA· 2001-09-12 ·cited 12×
  Darryl Baker appeals the denial of his motion to withdraw guilty pleas in seven felony cases, arguing he was not informed that the convictions could be used to enhance future sentences. The appellate court certifies the issue to the Florida Supreme Court as one of great significa
• Young v. State
  789 So. 2d 1160· Fla. 5th DCA· 2001-07-06 ·cited 12×
  The court held that the record did not conclusively refute the defendant's claim that his plea was unknowing due to medication, and that his claim of ineffective assistance of counsel was legally insufficient.
• Enchautequi v. State
  782 So. 2d 459· Fla. 2d DCA· 2001-03-16 ·cited 12×
  The court held that the trial court erred in summarily denying the motion for post-conviction relief because the record did not conclusively refute the defendant's claim that his plea was involuntary.
• Tal-Mason v. State
  700 So. 2d 453· Fla. 4th DCA· 1997-10-22 ·cited 12×
  Tal-Mason appealed the trial court's denial of his motion to withdraw a guilty plea for second-degree murder entered in 1983 after he was found competent to stand trial. The key issue was whether his counsel's advice regarding gain time eligibility induced an involuntary plea, re
• Horton v. State
  682 So. 2d 647· Fla. 1st DCA· 1996-11-05 ·cited 12×
  David Horton appealed the denial of his Rule 3.850 postconviction relief motion, challenging his guilty plea to habitual felony offender charges. The court reversed and remanded on the Ashley claim, finding that subsequent Florida Supreme Court precedent (State v. Wilson) clarifi
• Pedro v. United States
  79 F.3d 1065· 11th Cir.· 1996-04-09 ·cited 12×·via Voluntary And Intelligent Guilty Plea
  The court should reverse the grant of summary judgment in favor of the government and remand for factual determination of whether a prosecutorial promise of non-deportation was made as part of the plea agreement. If such a promise was made and relied upon, its breach constitutes
• Wilson v. State
  645 So. 2d 1042· Fla. 4th DCA· 1994-11-09 ·cited 12×
  This case addresses whether a trial court's failure to comply with Ashley v. State requirements regarding habitualization notification before accepting a plea requires resentencing within the plea terms or vacation of the plea. The Fourth District holds that improper habitualizat
• Baggett v. State
  637 So. 2d 303· Fla. 1st DCA· 1994-05-18 ·cited 12×
  Randy Baggett appealed the denial of his post-conviction Rule 3.850 motion challenging his 1988 plea to burglary, aggravated assault, and kidnapping. The court affirmed the denial, finding the motion untimely as to ineffective assistance of counsel and involuntary plea claims, an
• Young v. State
  604 So. 2d 925· Fla. 2d DCA· 1992-09-11 ·cited 12×
  Ethan Young appealed the summary denial of his motion for postconviction relief challenging his conviction as a habitual violent felony offender. The appellate court affirmed denial of six issues but remanded two issues—involuntary plea and ineffective assistance of counsel—for f
• de Abreu v. State
  593 So. 2d 233· Fla. 1st DCA· 1991-12-26 ·cited 12×
  De Abreu appeals denial of post-conviction relief, arguing his guilty plea to cocaine possession was involuntary because the trial court failed to inform him that as a non-citizen, the plea could result in deportation. The appellate court found prejudice and reversed, remanding f
• Smith v. State
  582 So. 2d 796· Fla. 5th DCA· 1991-07-18 ·cited 12×
  Charlie Lee Smith appealed the denial of his Rule 3.850 motion for postconviction relief. The appellate court dismissed the appeal for lack of jurisdiction because the trial court's denial order was not properly rendered as a written, signed document in the record, but instead me
• Simmons v. State
  579 So. 2d 874· Fla. 1st DCA· 1991-05-23 ·cited 12×·via Coerced Guilty Plea
  The court held that the state circuit court correctly denied the defendant's motions for postconviction relief because the available procedural remedies had lapsed or were inapplicable to the claims presented.
• Davis v. State
  571 So. 2d 118· Fla. 5th DCA· 1990-12-20 ·cited 12×
  Davis appeals the summary denial of his Rule 3.850 motion claiming his no contest plea to kidnapping and sexual battery was involuntary because he was promised a guideline sentence but received a 30-year departure sentence without being informed he could withdraw his plea. The co
• Williams v. State
  539 So. 2d 9· Fla. 1st DCA· 1989-02-28 ·cited 12×
• Ross v. Petsock George
  868 F.2d 639· 3d Cir.· 1989-02-28 ·cited 12×
  The court should remand the case to the district court for reconsideration of the ineffective assistance of counsel claim, as the district court failed to review the state record to determine if the claim was fairly presented.
• Savage v. State
  530 So. 2d 1077· Fla. 1st DCA· 1988-09-13 ·cited 12×
  The court held that the trial court erred in summarily denying the motion for post-conviction relief without an evidentiary hearing, as the record did not sufficiently refute the appellant's claim of incompetency at the time of his plea.
• Torrey v. Estelle
  842 F.2d 234· 9th Cir.· 1988-03-23 ·cited 12×·via Voluntary And Intelligent Guilty Plea
  The court held that a prisoner's resentencing to state prison after being committed to the Youth Authority was a collateral consequence, not a direct one, and thus the trial court was not required to advise him of this possibility at the time of his guilty plea.
• United States v. Mathews
  833 F.2d 161· 9th Cir.· 1987-11-27 ·cited 12×·via Voluntary And Intelligent Guilty Plea
  A guilty plea conclusively admits the factual allegations in the indictment, including those establishing federal subject matter jurisdiction, and cannot be collaterally attacked on factual grounds if voluntary and intelligent.
• Stinyard v. State
  476 So. 2d 277· Fla. 2d DCA· 1985-10-04 ·cited 12×
  The court reversed the summary denial of a post-conviction relief motion because the trial court failed to attach record portions supporting its ground for denial, requiring either proper summary denial with attached record excerpts or an evidentiary hearing on appeal.
• Prado-Gonzalez v. State
  468 So. 2d 991· Fla. 4th DCA· 1984-11-28 ·cited 12×
  A Florida appellate court dismissed a post-conviction appeal challenging the voluntariness of a guilty plea because the trial court failed to reduce its denial of the Rule 3.850 motion to a written order. The court held that written orders are mandatory for appellate review and u
• Brown v. E.P. Perini
  718 F.2d 784· 6th Cir.· 1983-10-05 ·cited 12×·via Voluntary And Intelligent Guilty Plea
  A guilty plea is not invalidated by misinformation regarding parole eligibility, as parole is considered a collateral, not direct, consequence of the plea.
• Hawk v. Solem
  693 F.2d 825· 8th Cir.· 1982-12-03 ·cited 12×·via Voluntary And Intelligent Guilty Plea
  A guilty plea is not subject to collateral attack based on a coerced confession unless counsel was ineffective, and there is no constitutional right to a jury determination of competency to stand trial or plead guilty.
• Harman v. Mohn
  683 F.2d 834· 4th Cir.· 1982-07-07 ·cited 12×·via Coerced Guilty Plea
  Plea bargains involving lenient treatment of a third party are not per se unconstitutional, provided the prosecutor acts in good faith and the court carefully scrutinizes the plea. A claim of ineffective assistance of counsel against a prior attorney is waived if not raised in th
• United States v. Dochterman
  630 F.2d 652· 8th Cir.· 1980-10-01 ·cited 12×·via Coerced Guilty Plea
  The court affirmed the dismissal of the section 2255 motion, finding no clear error in the district court's factual findings regarding the defendant's guilty plea.
• Loconte v. State
  382 So. 2d 26· Fla. 1st DCA· 1979-05-15 ·cited 12×·via Coerced Guilty Plea
  Florida appellate court affirmed summary denial of motion to vacate guilty plea where defendant's own sworn answers to trial court questions conclusively refuted his allegations of coercion and promises.
• Matthews v. United States
  569 F.2d 941· 5th Cir.· 1978-03-20 ·cited 12×·via Coerced Guilty Plea
  The court held that a defendant's subjective belief of a threat is insufficient to invalidate a guilty plea if no actual threat was conveyed by the government or counsel.
• United States v. Edwards
  568 F.2d 68· 8th Cir.· 1977-12-19 ·cited 12×·via Voluntary And Intelligent Guilty Plea
  A prior conviction, even if constitutionally infirm, can support a federal falsification prosecution under the Gun Control Act, as the offense lies in the false statement, not the status of being a felon.
• Rosado v. United States
  510 F.2d 1098· 5th Cir.· 1975-04-04 ·cited 12×
  The court held that the district court properly denied the defendant's motion to vacate his conviction and sentence without a hearing.
• Walker v. Louie L. Wainwright
  303 So. 2d 321· Fla.· 1974-11-13 ·cited 12×·via Coerced Guilty Plea
  Peter Bryan Walker petitioned for habeas corpus relief challenging his ten-year sentence for breaking and entering, arguing the sentence was enhanced by consideration of prior invalid convictions and that his guilty plea was coerced. The Florida Supreme Court dismissed the petiti
• Lopez v. United States
  439 F.2d 997· 9th Cir.· 1971-03-08 ·cited 12×·via Voluntary And Intelligent Guilty Plea
  The court held that the district judge's dismissal of the petition was appropriate and should be affirmed.
• Oran Young v. United States
  433 F.2d 626· 10th Cir.· 1970-10-07 ·cited 12×·via Voluntary And Intelligent Guilty Plea
  The court held that the petitioner's guilty plea was entered voluntarily and intelligently, despite the sentencing judge not fully advising him of the maximum penalties, because other circumstances indicated his full understanding.
• Mejia v. United States
  430 F.2d 1273· 5th Cir.· 1970-09-02 ·cited 12×·via Voluntary And Intelligent Guilty Plea
  The court held that the petitioner's grounds for vacating his judgment and sentence were without merit, affirming the district court's denial of his motion.
• United States v. Tucker
  425 F.2d 624· 4th Cir.· 1970-05-12 ·cited 12×·via Voluntary And Intelligent Guilty Plea
  The court held that the district court failed to comply with Rule 11 of the Federal Rules of Criminal Procedure when accepting the defendant's guilty plea, as it did not personally address the defendant to ascertain his understanding of the charge or ensure a factual basis for th
• James v. United States
  388 F.2d 453· 5th Cir.· 1968-01-24 ·cited 12×·via Voluntary And Intelligent Guilty Plea
  The court held that a sentence imposed under the Federal Youth Corrections Act is invalid if the defendant was not informed of the maximum possible sentence under that Act before pleading guilty, even if other concurrent sentences exist.
• Tipton v. Crouse
  361 F.2d 817· 10th Cir.· 1966-06-07 ·cited 12×·via Coerced Guilty Plea
  A federal court must independently determine if state court findings have a factual basis, and prior state adjudication alone is insufficient.
• Thomaston v. Gladden
  326 F.2d 305· 9th Cir.· 1964-01-02 ·cited 12×·via Coerced Guilty Plea
  The court held that the district court must review the state post-conviction hearing transcript to determine if it met federal standards, and if not, must hold an evidentiary hearing.
• United States v. Roland
  318 F.2d 406· 4th Cir.· 1963-06-03 ·cited 12×·via Voluntary And Intelligent Guilty Plea
  A defendant seeking to withdraw a guilty plea after sentencing must demonstrate manifest injustice, and claims of mental distress or coercion by a spouse, which were considered at sentencing, do not meet this standard.
• Bayless v. United States
  150 F.2d 236· 8th Cir.· 1945-07-02 ·cited 12×
  A conviction based on tainted evidence, such as a coerced confession or guilty plea, cannot stand, even if other evidence might be sufficient.
• Roscoe v. Hunter
  144 F.2d 91· 10th Cir.· 1944-07-24 ·cited 12×·via Coerced Guilty Plea
  The court held that the petitioner failed to meet the burden of proof for his claims of coerced guilty plea and denial of counsel, and that the trial court had jurisdiction to modify the original sentence.
• McCall v. State
  136 Fla. 317· Fla.· 1939-02-10 ·cited 12×·via Coerced Guilty Plea
  Franklin Pierce McCall, convicted of kidnapping to hold for ransom, petitioned the Florida Supreme Court to recall its mandate and grant a rehearing, claiming he was denied the right to counsel at trial. The Court rejected both the petition and a subsequent claim that his guilty
• Hamil v. State
  106 So. 3d 495· Fla. 4th DCA· 2013-01-16 ·cited 11×
  Appellant Hamil appealed the circuit court's denial of his motion to withdraw a no contest plea to vehicular homicide, arguing the plea was involuntary due to alleged attorney promises regarding sentencing and the trial judge's failure to inquire about such promises. The appellat
• Makendy Alfred v. State
  71 So. 3d 138· Fla. 4th DCA· 2011-07-27 ·cited 11×
  The Fourth District Court of Appeal affirmed the trial court's summary denial of Alfred's postconviction relief motion under Florida Rule 3.850, rejecting claims that his guilty plea was involuntary due to ineffective assistance of counsel and misunderstanding of his potential se
• Newsome v. State
  877 So. 2d 938· Fla. 2d DCA· 2004-07-28 ·cited 11×
  A defendant's motion to withdraw a guilty plea is facially sufficient if it alleges one of the grounds enumerated in the rules, such as involuntariness, and warrants an evidentiary hearing and appointment of conflict-free counsel.
• Noojin v. State
  855 So. 2d 1157· Fla. 5th DCA· 2003-09-19 ·cited 11×