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

• Tipler v. State
  149 So. 3d 1192· Fla. 1st DCA· 2014-11-04 ·cited 9×
  A defendant has a constitutional right to assistance of counsel when filing a motion to withdraw a plea after sentencing under Rule 3.170(Z), which is a critical stage of criminal proceedings. Complete denial of counsel assistance during this stage is per se reversible error.
• Ortega v. State
  76 So. 3d 346· Fla. 3d DCA· 2011-12-07 ·cited 9×
  Ortega appealed the denial of his motion to correct an illegal sentence filed seven years after his guilty plea to drug possession charges. The court affirmed, holding that Ortega's claim of involuntary plea must be brought under Rule 3.850 rather than Rule 3.800, and his Rule 3.
• Tapp v. State
  44 So. 3d 666· Fla. 2d DCA· 2010-10-06 ·cited 9×
  Kyle Tapp appealed the denial of his Rule 3.850 postconviction motion alleging ineffective assistance of counsel. The court affirmed the dismissal of most claims but reversed and remanded one claim involving counsel's failure to advise of double jeopardy protections regarding mul
• Angeline Towery v. State
  977 So. 2d 774· Fla. 2d DCA· 2008-03-28 ·cited 9×
  The court held that a defendant's claim of an involuntary guilty plea based on an inaccurate sentencing guidelines score-sheet is not facially sufficient without alleging that the defendant would not have entered the plea had the score-sheet been correct. However, the court affir
• Ciambrone v. State
  938 So. 2d 550· Fla. 2d DCA· 2006-08-18 ·cited 9×
  Heather Ciambrone pleaded no contest to second-degree murder based on counsel's misinformation about gain time eligibility. The court held that her plea was involuntary because counsel received incorrect information from the Department of Corrections stating she could serve 16-18
• Mungen v. State
  932 So. 2d 1229· Fla. 2d DCA· 2006-07-07 ·cited 9×
  Gary Mungen appealed the denial of his Rule 3.850 motion for postconviction relief, challenging his guilty plea and claiming ineffective assistance of counsel. The court affirmed the denial of the ineffective assistance claim but reversed and remanded regarding the involuntary pl
• M.Q. v. State
  818 So. 2d 615· Fla. 5th DCA· 2002-05-31 ·cited 9×
  M.Q., a juvenile, appeals his commitment to residential placement following a guilty plea to violating community control conditions. The court reversed and remanded because the trial court failed to properly offer counsel and conduct thorough inquiries into M.Q.'s waiver of couns
• Butler v. State
  764 So. 2d 794· Fla. 2d DCA· 2000-07-21 ·cited 9×
  Robert L. Butler appealed the summary denial of his motion for postconviction relief challenging the validity of his plea as a habitual felony offender. The court reversed and remanded, holding that a defendant must be informed that habitualization may affect eligibility for earl
• Ricardo v. State
  647 So. 2d 287· Fla. 2d DCA· 1994-12-09 ·cited 9×
  A guilty plea is involuntary if induced by defense counsel's unkept promise, and a defendant may withdraw it if misled by mistaken advice.
• Yordan v. Dugger
  909 F.2d 474· 11th Cir.· 1990-08-21 ·cited 9×
  The court held that the appellant's claim of ineffective assistance of counsel, based on his attorney misrepresenting parole eligibility, warrants further review, and his involuntary plea claim was not procedurally barred.
• Wesley v. State OF Ala.
  488 F.2d 30· 5th Cir.· 1974-01-11 ·cited 9×·via Coerced Guilty Plea
  The court held that the state court's evidentiary hearing was not full and fair, and the federal district court erred in denying habeas relief without conducting its own evidentiary hearing on the issues of denial of counsel and coerced guilty plea.
• Stephen v. Smith
  438 F.2d 979· 5th Cir.· 1971-02-16 ·cited 9×
  The court held that the appellant knowingly and voluntarily entered valid guilty pleas with the aid of counsel, waiving non-jurisdictional defects.
• Sanchez-Torres v. State
  322 So. 3d 15· Fla.· 2021-05-13 ·cited 8×
  Hector Sanchez-Torres, who was sentenced to death for armed robbery and first-degree murder, challenged the denial of his post-conviction motion to vacate his conviction and death sentence and petitioned for a writ of habeas corpus. The Florida Supreme Court affirmed the lower co
• Colon v. State
  199 So. 3d 960· Fla. 4th DCA· 2016-06-01 ·cited 8×
  Hector Colon challenged his guilty plea as involuntary, claiming he did not understand that the Department of Corrections would calculate his release date based on his least-credited charge rather than his most serious charges, thereby increasing his actual incarceration by nearl
• Jacobson v. State
  171 So. 3d 188· Fla. 4th DCA· 2015-07-29 ·cited 8×
  Jacobson, who pleaded guilty to murdering his wife and children, challenged the trial court's summary denial of his postconviction motion claiming ineffective assistance of counsel. The Fourth DCA reversed the summary denial of three specific grounds related to counsel's failure
• Crane v. State
  69 So. 3d 357· Fla. 2d DCA· 2011-09-09 ·cited 8×
  Michael Allen Crane appealed the trial court's summary denial of his motion to withdraw no contest pleas. The appellate court reversed, holding that the trial court committed reversible error by denying the motion without holding an evidentiary hearing to develop facts surroundin
• Chandler v. State
  1 So. 3d 284· Fla. 2d DCA· 2009-01-14 ·cited 8×
  Charles Chandler appeals the denial of his postconviction motion alleging ineffective assistance of counsel based on affirmative misadvice regarding conditional release obligations. The court reverses and remands for an evidentiary hearing, holding that while Chandler's motion wa
• Luger v. State
  983 So. 2d 49· Fla. 4th DCA· 2008-05-07 ·cited 8×
  The court held that the trial court must make a factual determination regarding the statewide prosecutor's jurisdiction when challenged, and that a motion to withdraw a guilty plea requires appointment of conflict-free counsel.
• State v. Gaston
  911 So. 2d 257· Fla. 3d DCA· 2005-09-28 ·cited 8×
  The State appeals from an order allowing Gaston to withdraw a guilty plea entered over ten years earlier based on his claim that he was not advised of potential deportation consequences. The court reverses, holding that mere advice from an immigration attorney about potential dep
• COX v. State of Florida/Appellee
  805 So. 2d 1042· Fla. 4th DCA· 2002-01-09 ·cited 8×·via Voluntary And Intelligent Guilty Plea
  Tyrone Rafael Cox appeals the summary denial of his rule 3.850 motion for postconviction relief challenging the voluntariness of his plea. The Fourth District Court of Appeal reverses, holding that the motion is timely because defendants have two years from the Heggs decision to
• Harris v. State
  801 So. 2d 973· Fla. 2d DCA· 2001-12-05 ·cited 8×
  Maurice Harris appealed the trial court's denial of his Florida Rule of Criminal Procedure 3.850 motion seeking to withdraw his guilty pleas. The appellate court affirmed the denial, finding that Harris's claims were facially insufficient because he failed to allege that he would
• Colon v. State
  752 So. 2d 1250· Fla. 4th DCA· 2000-03-08 ·cited 8×
• Melton v. State
  720 So. 2d 577· Fla. 1st DCA· 1998-10-07 ·cited 8×
  The court affirmed the denial of appellant's Rule 3.850 postconviction motion challenging the voluntariness of her guilty plea, but permitted refiling with proper sworn allegations.
• Bryant v. State
  712 So. 2d 781· Fla. 2d DCA· 1998-06-12 ·cited 8×
  James Bryant appealed his no-contest pleas to cocaine sale charges, challenging the constitutionality of the "public park" language in the drug trafficking statute, the trial court's handling of his request to discharge counsel, and the court's failure to ensure he understood hab
• Steele v. State
  645 So. 2d 59· Fla. 4th DCA· 1994-11-02 ·cited 8×
  The court held that a defendant's acknowledgment at a plea hearing that no promises were made, other than those stated, is sufficient to support a summary denial of a post-conviction claim alleging counsel misrepresentation about gain time eligibility.
• Jones v. State
  643 So. 2d 1150· Fla. 3d DCA· 1994-10-05 ·cited 8×
  Bernard Lee Jones appealed the trial court's summary denial of a rule 3.850 post-conviction relief motion challenging his nolo contendere plea to burglary with assault and grand theft. The appellate court affirmed the denial, finding that the sentencing transcript clearly refuted
• Brown v. State
  647 So. 2d 197· Fla. 1st DCA· 1994-07-19 ·cited 8×
  Jeffrey Brown appealed the summary denial of his rule 3.850 postconviction motion challenging his DUI manslaughter sentence as violating his plea agreement. The court affirmed denial of his first claim that the split sentence was an improper departure, but reversed and remanded o
• Black v. State
  610 So. 2d 89· Fla. 1st DCA· 1992-12-15 ·cited 8×
  Florida appellate court affirmed summary denial of postconviction relief motion challenging guilty plea and ineffective assistance of counsel because the motion was unsworn, despite trial court's procedural error in failing to attach the plea form to its order.
• United States v. Tilley
  964 F.2d 66· 1st Cir.· 1992-05-15 ·cited 8×·via Voluntary And Intelligent Guilty Plea
  The court held that the district court did not err in denying the motion to withdraw the guilty plea, nor did it abuse its discretion in departing upward from the sentencing guidelines.
• Stewart v. Peters
  958 F.2d 1379· 7th Cir.· 1992-02-27 ·cited 8×·via Voluntary And Intelligent Guilty Plea
  A guilty plea is voluntary and intelligent if the defendant understands the rights they are waiving and the consequences of the plea, even if the record lacks explicit admissions or detailed explanations of statutory elements.
• Prezell Wilson v. State
  593 So. 2d 1216· Fla. 2d DCA· 1992-02-21 ·cited 8×
• United States v. Parra-Ibanez
  936 F.2d 588· 1st Cir.· 1991-06-19 ·cited 8×·via Voluntary And Intelligent Guilty Plea
  The court held that the district court's Rule 11 colloquy was insufficient for failing to inquire further into the effects of the defendant's medications on his ability to enter a knowing and voluntary plea.
• Tamayo-Reyes v. J.C. Keeney
  926 F.2d 1492· 9th Cir.· 1991-03-04 ·cited 8×·via Voluntary And Intelligent Guilty Plea
  The court held that the district court erred in denying an evidentiary hearing on the claim that the defendant's nolo contendere plea was unconstitutional due to inadequate translation of the mens rea element of manslaughter, as the material facts were not adequately developed in
• United States v. Washington
  886 F.2d 154· 8th Cir.· 1989-09-19 ·cited 8×·via Voluntary And Intelligent Guilty Plea
  The court held that the defendant failed to establish a prima facie case of jury discrimination and that his prior conviction was validly entered, thus affirming his conviction and sentence.
• Long v. United States
  883 F.2d 966· 11th Cir.· 1989-09-15 ·cited 8×
  The court held that a defendant is not entitled to relief under 28 U.S.C. § 2255 for a Fed.R.Crim.P. 11 violation if the misstatement was unintentional and the defendant cannot show prejudice.
• Miller v. Colin C.J. Angliker, M.D.
  848 F.2d 1312· 2d Cir.· 1988-05-20 ·cited 8×·via Voluntary And Intelligent Guilty Plea
  The court held that the State's suppression of material exculpatory evidence concerning Robert Lupinacci violated Miller's due process rights under Brady v. Maryland, requiring that the writ of habeas corpus be granted.
• Hartman v. W.D. Blankenship
  825 F.2d 26· 4th Cir.· 1987-08-03 ·cited 8×
  The dissenting judge holds that the district court properly found the guilty plea involuntary due to the prosecution's broken promise regarding a sentencing recommendation.
• Dutton v. State
  504 So. 2d 435· Fla. 2d DCA· 1987-02-25 ·cited 8×·via Coerced Guilty Plea
  A guilty plea induced by threats of harsher treatment upon insistence on the right to trial is not voluntary.
• Edmond Boris Shell v. State
  501 So. 2d 1332· Fla. 2d DCA· 1987-01-07 ·cited 8×
  A prisoner is considered in custody for purposes of a rule 3.850 motion if the conviction attacked was used to enhance a current sentence, even if the original sentence has been served.
• United States ex rel. William J. Miller v. Kenneth McGINNIS & Attorney Gen. of the State of Ill.
  774 F.2d 819· 7th Cir.· 1985-10-04 ·cited 8×·via Voluntary And Intelligent Guilty Plea
  The court held that the trial court's failure to inform the defendant of the mandatory supervised release term violated his due process rights, but also found that the totality of errors, including failure to inform of other rights and the defendant's age and confusion, rendered
• Runyon v. State
  460 So. 2d 494· Fla. 1st DCA· 1984-12-10 ·cited 8×·via Coerced Guilty Plea
  The court held that the trial court properly denied the appellant's motion for post-conviction relief because the record refuted his claims of a coerced plea and ineffective assistance of counsel.
• Garrett v. Maggio
  685 F.2d 158· 5th Cir.· 1982-09-10 ·cited 8×
  The court held that a change in state law regarding sentence commutation did not render a guilty plea involuntary, and a claim of coerced plea was barred by an unreasonable delay in filing.
• VIA v. Superintendent, Powhatan Corr. Ctr.
  643 F.2d 167· 4th Cir.· 1981-02-26 ·cited 8×·via Voluntary And Intelligent Guilty Plea
  A guilty plea is involuntary and unintelligent if counsel's ineffective assistance, stemming from lack of preparation, induced the plea.
• Rice v. State
  400 So. 2d 461· Fla. 5th DCA· 1980-12-17 ·cited 8×
  The court held that the trial court erred in summarily denying the motion without an evidentiary hearing or attaching relevant record portions.
• Fick v. State
  388 So. 2d 1352· Fla. 5th DCA· 1980-10-15 ·cited 8×·via Voluntary And Intelligent Guilty Plea
  The court affirmed the conviction and sentence, holding that a trial court lacks jurisdiction to consider a motion to withdraw a guilty plea after an appeal has been commenced.
• United States v. Nooner
  565 F.2d 633· 10th Cir.· 1977-06-13 ·cited 8×·via Voluntary And Intelligent Guilty Plea
  A voluntary guilty plea waives the right to appeal non-jurisdictional issues, including the denial of a motion to suppress evidence.
• Banda v. Estelle
  519 F.2d 1057· 5th Cir.· 1975-09-19 ·cited 8×
  The federal district court did not err in denying the habeas petition without an independent evidentiary hearing, as the state habeas hearing was full and fair.
• Alonzo v. Estelle
  500 F.2d 672· 5th Cir.· 1974-09-16 ·cited 8×
  The court held that the Texas state courts should be afforded the opportunity to review the appellant's constitutional claims before federal habeas relief is granted.
• Parker v. Ross
  470 F.2d 1092· 4th Cir.· 1972-12-20 ·cited 8×·via Voluntary And Intelligent Guilty Plea
  A voluntary and intelligent guilty plea, entered with the advice of counsel, waives the right to challenge the composition of the grand jury that indicted the defendant.
• Redus v. Swenson
  468 F.2d 606· 8th Cir.· 1972-10-04 ·cited 8×·via Voluntary And Intelligent Guilty Plea
  A guilty plea is valid if entered understandingly and voluntarily with competent counsel, even if influenced by a prior coerced confession.