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

• Chandler v. State
  843 So. 2d 1046· Fla. 2d DCA· 2003-05-09 ·cited 11×
  Johnny Chandler appealed the summary denial of his motion for postconviction relief, claiming his no contest plea was involuntary because his attorney misadvised him about his sentence. The court reversed and remanded, finding the trial court's record insufficient to refute Chand
• Farran v. State
  694 So. 2d 877· Fla. 2d DCA· 1997-06-13 ·cited 11×
  Joseph Farran appealed the denial of his Rule 3.850 postconviction motion challenging his guilty plea to seven crimes. The court reversed in part, finding that the trial court improperly relied solely on the parties' stipulation to establish a factual basis for counts one and six
• Knight v. State
  611 So. 2d 602· Fla. 2d DCA· 1993-01-06 ·cited 11×
  Jerry Knight appealed the summary denial of his postconviction motion, alleging his 1991 no-contest plea was involuntary based on false promises about concurrent sentencing. The appellate court reversed and remanded, holding that Knight deserved an opportunity to withdraw his ple
• United States v. Butcher
  926 F.2d 811· 9th Cir.· 1991-02-06 ·cited 11×·via Voluntary And Intelligent Guilty Plea
  The court affirmed the conviction, holding that the arrest was lawful, the admission of evidence of narcotics and other firearms was proper, the jury instructions were adequate, surrebuttal testimony was cumulative, and the sentence enhancement based on prior convictions was vali
• Williams v. Louie L. Wainwright
  604 F.2d 404· 5th Cir.· 1979-10-12 ·cited 11×
  The court affirmed the denial of the habeas corpus petition, finding the nolo contendere plea voluntary, the plea bargain not broken, and the arrest claim waived by the plea.
• United States v. McINTOSH
  566 F.2d 949· 5th Cir.· 1978-01-27 ·cited 11×
• Bailey Lee Sloan v. Louie L. Wainwright
  469 F.2d 390· 5th Cir.· 1972-11-15 ·cited 11×·via Voluntary And Intelligent Guilty Plea
  The court held that the petitioner's allegations, if true, entitle him to relief and an evidentiary hearing on his claims of coerced confession and ineffective assistance of counsel.
• Siegel v. United States
  436 F.2d 92· 2d Cir.· 1970-12-14 ·cited 11×·via Coerced Guilty Plea
  The court held that the defendant's claims regarding a coerced guilty plea and incompetence at sentencing were not supported by the record and that he was not entitled to credit for time served on a state sentence.
• Runge v. United States
  427 F.2d 122· 10th Cir.· 1970-05-26 ·cited 11×·via Coerced Guilty Plea
  A guilty plea is not rendered involuntary solely because the defendant may have considered the possibility of a death penalty under the Federal Kidnapping Act; all surrounding circumstances must be considered.
• Williams v. State
  174 So. 2d 775· Fla. 3d DCA· 1965-05-04 ·cited 11×
  Herman Williams appealed the denial of his petition to vacate his murder conviction and life sentence, arguing he lacked counsel at arraignment, entered his guilty plea involuntarily, and was denied the right to appeal. The trial court found after an evidentiary hearing that Will
• Criser v. United States
  319 F.2d 849· 10th Cir.· 1963-07-15 ·cited 11×·via Voluntary And Intelligent Guilty Plea
  The court held that a defendant's guilty plea, voluntarily and intelligently entered, cannot be withdrawn based on counsel's alleged assurances that the federal sentence would run concurrently with a state sentence.
• Stephon Boykins v. State
  976 So. 2d 700· Fla. 2d DCA· 2008-03-26 ·cited 10×
  Stephon Boykins appealed the summary denial of his postconviction motion challenging the voluntariness of his 1999 guilty plea. The court reversed and remanded, holding that Boykins' 2006 motion was timely filed because the two-year filing period is triggered by the date the Depa
• Russ v. State
  937 So. 2d 1199· Fla. 1st DCA· 2006-09-13 ·cited 10×
  Willie Russ appealed the summary denial of his postconviction motion challenging the validity of his guilty plea, asserting he was under the influence of psychotropic medication when he entered the plea. The appellate court affirmed, holding that Russ's written plea agreement and
• Fletcher v. State
  890 So. 2d 1167· Fla. 5th DCA· 2004-12-23 ·cited 10×
  Richard Fletcher appealed the denial of his Rule 3.850 postconviction motion challenging his negotiated plea for dealing in stolen property. The court held that Fletcher's ineffective assistance of counsel claim regarding his attorney's alleged failure to investigate and file a m
• Albertoine Nordelus v. State
  889 So. 2d 910· Fla. 4th DCA· 2004-12-08 ·cited 10×
  Albertoine Nordelus moved for post-conviction relief under Florida Rule 3.850, claiming his guilty plea to DUI manslaughter was involuntary because he was not informed that conviction would result in mandatory driver's license revocation. The Fourth District Court of Appeal rever
• Jones v. State
  834 So. 2d 226· Fla. 2d DCA· 2002-10-23 ·cited 10×
  The court held that mistaken advice from trial counsel regarding gain time eligibility can form the basis for withdrawing a guilty plea.
• Cadet v. State
  795 So. 2d 228· Fla. 4th DCA· 2001-09-26 ·cited 10×·via Coerced Guilty Plea
  Terry Cadet, a sixteen-year-old, entered a no-contest plea to robbery with a firearm and received a twenty-year sentence with a ten-year mandatory minimum. The trial court denied his motion to withdraw the plea without appointing conflict-free counsel, despite Cadet's allegation
• Keithan Darnell Battie v. Singletary
  718 So. 2d 323· Fla. 3d DCA· 1998-09-16 ·cited 10×
  Keithan Battie sought a belated appeal of his guilty plea to murder charges, claiming his trial counsel failed to pursue an appeal he had requested. The court denied the petition because Battie had expressly waived his right to appeal and failed to demonstrate that his case fell
• Jones v. State
  708 So. 2d 337· Fla. 4th DCA· 1998-04-08 ·cited 10×
  Kevin Jones appealed his guilty plea conviction, but the public defender filed an Anders brief indicating no arguable errors. The court affirmed the conviction, holding that Jones failed to preserve the issue of whether the plea colloquy reflected consideration of available defen
• Fernandez v. State
  701 So. 2d 632· Fla. 4th DCA· 1997-11-12 ·cited 10×
  The Florida District Court of Appeal reversed the trial court's summary denial of Jose Fernandez's rule 3.850 motion for postconviction relief because the trial court failed to hold an evidentiary hearing or attach record excerpts addressing legally sufficient claims of involunta
• Zduniak v. State
  620 So. 2d 1083· Fla. 2d DCA· 1993-06-25 ·cited 10×
  Mark Zduniak appealed the summary denial of his motion for postconviction relief, raising claims of ineffective assistance of counsel. The court affirmed denial of some claims but reversed and remanded regarding whether counsel made incorrect promises about the actual length of h
• United States v. Austin
  948 F.2d 783· 1st Cir.· 1991-10-08 ·cited 10×·via Voluntary And Intelligent Guilty Plea
  The court held that a defendant's perjury during a plea withdrawal hearing mandates a two-level enhancement for obstruction of justice under the Sentencing Guidelines, and that a district court has no discretion to deny this enhancement.
• Taylor v. Whitley
  933 F.2d 325· 5th Cir.· 1991-06-13 ·cited 10×·via Voluntary And Intelligent Guilty Plea
  A voluntary and intelligent guilty plea waives the right to collaterally attack convictions on double jeopardy grounds, unless the violation is apparent on the face of the indictment or record.
• Sawyers v. State
  566 So. 2d 942· Fla. 2d DCA· 1990-09-19 ·cited 10×
  Sawyers appealed the summary denial of his 3.850 motion for postconviction relief, alleging his counsel was ineffective and his guilty plea involuntary because counsel promised concurrent sentencing but failed to object when the court imposed consecutive sentences. The appellate
• Blalock v. A.L. Lockhart
  898 F.2d 1367· 8th Cir.· 1990-03-27 ·cited 10×·via Coerced Guilty Plea
  The court held that a federal evidentiary hearing is required to determine if the petitioner received ineffective assistance of counsel regarding the accomplice corroboration rule and whether his guilty plea was knowing and voluntary.
• Spadaro v. State
  539 So. 2d 1169· Fla. 2d DCA· 1989-03-10 ·cited 10×
  The court held that the trial court erred in summarily denying the defendant's double jeopardy claim, and that the Carawan decision is retroactively applicable.
• Sparks v. Sowders
  852 F.2d 882· 6th Cir.· 1988-08-04 ·cited 10×
  The court held that a petitioner is entitled to an evidentiary hearing on an ineffective assistance of counsel claim when alleging gross misadvice concerning parole eligibility that affected his guilty plea.
• United States v. Espinoza
  866 F.2d 1067· 9th Cir.· 1988-03-09 ·cited 10×
  A district court cannot deny a § 2255 motion without a hearing if the prisoner's allegations of plea coercion are based on occurrences entirely outside the record. Claims for pre-sentencing custody credit are not cognizable under § 2255.
• Netherly v. State
  508 So. 2d 524· Fla. 2d DCA· 1987-06-10 ·cited 10×
  The court held that a defendant is entitled to withdraw a nolo contendere plea if they were not informed that the plea would cause them to lose gain-time, thereby extending their release date.
• Wallace v. State
  463 So. 2d 467· Fla. 2d DCA· 1985-02-06 ·cited 10×
  Herman Wallace appeals the denial of his second Rule 3.850 post-conviction relief motion. The appellate court reverses the trial court's summary denial and remands for consideration on the merits of Wallace's claims of ineffective assistance of counsel, plea agreement violation,
• Stephens v. State
  399 So. 2d 1106· Fla. 5th DCA· 1981-06-24 ·cited 10×
  Appellate court reversed denial of Rule 3.850 motion for post-conviction relief because trial court failed to either hold an evidentiary hearing or attach case file portions refuting the involuntary guilty plea allegation.
• Johnson v. United States
  650 F.2d 1· 1st Cir.· 1981-05-28 ·cited 10×·via Voluntary And Intelligent Guilty Plea
  A guilty plea is not rendered unintelligent by later application of revised parole guidelines, especially when the defendant's own actions, such as becoming a fugitive, render initial parole calculations irrelevant.
• Bentura Flores v. Estelle
  578 F.2d 80· 5th Cir.· 1978-08-08 ·cited 10×
  A federal court need not hold an evidentiary hearing if a full and fair state hearing was held and the federal judge can adjudicate the case without repeating the process.
• Knowles v. State
  356 So. 2d 885· Fla. 3d DCA· 1978-03-21 ·cited 10×
  A defendant is not required to be advised of mandatory minimum sentences for a plea to be considered voluntary.
• Watkins v. Solem
  571 F.2d 435· 8th Cir.· 1978-03-02 ·cited 10×·via Coerced Guilty Plea
  A guilty plea is not rendered involuntary by a prosecutor's offer to refrain from filing more serious charges in exchange for a plea, provided the plea is made intelligently and voluntarily.
• United States v. Jackson
  563 F.2d 1145· 4th Cir.· 1977-10-18 ·cited 10×·via Voluntary And Intelligent Guilty Plea
  A district court's refusal to consider a plea agreement's sentence recommendation does not vitiate a guilty plea entered knowingly and voluntarily.
• Armstrong v. Egeler
  563 F.2d 796· 6th Cir.· 1977-10-10 ·cited 10×·via Voluntary And Intelligent Guilty Plea
  A criminal defendant's guilty plea is constitutionally invalid if made without understanding that he will be ineligible for parole, as this constitutes a failure to understand the consequences of the plea.
• Allison v. Blackledge
  533 F.2d 894· 4th Cir.· 1976-04-13 ·cited 10×
  The court, by majority, reversed the denial of a § 2255 motion, requiring an evidentiary hearing on the voluntariness of a guilty plea despite assurances given at arraignment.
• Villarreal v. United States
  461 F.2d 765· 9th Cir.· 1972-06-01 ·cited 10×
  The court held that the district court erred in denying the second application for postconviction relief without an evidentiary hearing because the prior denial was not on the merits and the ends of justice required reaching the merits.
• O'Malley v. Louie L. Wainwright
  237 So. 2d 813· Fla. 2d DCA· 1970-07-17 ·cited 10×·via Coerced Guilty Plea
  O'Malley filed a habeas corpus petition challenging his five-year forgery sentence after his parole was revoked for a theft conviction in California. The court found that O'Malley raised numerous grounds, most without merit, but appointed a commissioner to examine evidence on two
• Holnagel v. Kropp
  426 F.2d 777· 6th Cir.· 1970-05-27 ·cited 10×
  The court held that a mistaken interpretation of a statute by counsel, when viewed in the context of the entire record and other valid reasons for the advice given, does not render the assistance of counsel ineffective.
• United States ex rel. Enrico Gentile v. Mancusi
  426 F.2d 238· 2d Cir.· 1970-04-13 ·cited 10×·via Coerced Guilty Plea
  The court held that the relator's conclusory allegations of fear and prosecutorial threats did not warrant a federal habeas corpus hearing because he had not exhausted his state remedies for the latter claim and the former was insufficient.
• Streets v. Louie L. Wainwright
  402 F.2d 87· 5th Cir.· 1968-10-15 ·cited 10×·via Coerced Guilty Plea
  The court held that the factual allegations regarding a coerced guilty plea were sufficient to require an evidentiary hearing.
• Stubblefield v. Beto
  399 F.2d 424· 5th Cir.· 1968-07-24 ·cited 10×·via Voluntary And Intelligent Guilty Plea
  The court held that the appellant intelligently and competently waived his right to counsel when pleading guilty to a misdemeanor charge.
• Hall v. Page
  367 F.2d 352· 10th Cir.· 1966-10-18 ·cited 10×·via Coerced Guilty Plea
  Federal courts must conduct an independent investigation and grant an evidentiary hearing when a habeas applicant alleges a coerced guilty plea, even if a state court previously denied relief without such a hearing.
• Martin v. United States
  364 F.2d 894· C.C.P.A.· 1966-08-12 ·cited 10×·via Voluntary And Intelligent Guilty Plea
  The court held that a defendant's voluntary guilty plea waives claims about the minor nature of his role in the offense, and sentence disparity with a co-defendant is not an abuse of discretion if within legal limits.
• Hamilton v. State
  186 So. 2d 316· Fla. 2d DCA· 1966-05-11 ·cited 10×·via Coerced Guilty Plea
  The appellate court affirmed the trial court's denial of a motion to vacate a guilty plea, distinguishing the case from precedent where coercion occurred after a not guilty plea.
• Kagen v. United States
  360 F.2d 30· 10th Cir.· 1966-04-19 ·cited 10×·via Voluntary And Intelligent Guilty Plea
  The court held that a prisoner not yet in custody for a federal sentence cannot use 28 U.S.C. § 2255 to attack that sentence, but may pursue relief via writ of error coram nobis if justice compels.
• Davis v. Bomar
  344 F.2d 84· 6th Cir.· 1965-04-20 ·cited 10×·via Coerced Guilty Plea
  A defendant's retained counsel's alleged incompetence or errors do not constitute a denial of constitutional rights chargeable to the state, absent a showing that the proceedings were a farce or mockery of justice.
• Parrish v. State
  201 So. 3d 145· Fla. 3d DCA· 2016-01-06 ·cited 9×
  Thomas Parrish, who pleaded guilty to armed robbery, kidnapping, aggravated battery, and sexual battery and received a 25-year sentence, petitioned for a writ of habeas corpus to obtain a belated appeal. The court appointed a commissioner to hold an evidentiary hearing to resolve