Knowing And Voluntary Plea

357 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Herring v. Estelle
  491 F.2d 125· 5th Cir.· 1974-03-15 ·cited 226×
  A guilty plea entered without effective assistance of counsel, who failed to advise the defendant on the relevant law regarding the charge, is involuntary and unknowing.
• United States v. Barker
  514 F.2d 208· D.C. Cir.· 1975-02-25 ·cited 140×
  The court held that the defendants' guilty pleas should be judged by the 'fair and just' standard, and that their asserted defenses, if proven, would be legally valid, warranting withdrawal of the pleas.
• United States v. Malcolm
  432 F.2d 809· 2d Cir.· 1970-09-23 ·cited 122×
  A guilty plea induced by promises is void, but a prosecutor's promise to recommend leniency does not automatically invalidate a plea. A sentence based on materially untrue assumptions about a defendant's criminal record or cooperation violates due process.
• Alphonzo Edwards v. United States
  256 F.2d 707· D.C. Cir.· 1958-05-09 ·cited 116×
  The court should vacate the order denying the motion and remand for a hearing to determine if the appellant received ineffective assistance of counsel.
• Gabby Tennis v. State
  997 So. 2d 375· Fla.· 2008-12-11 ·cited 103×
  The Florida Supreme Court reversed Gabby Tennis's first-degree murder conviction and death sentence because the trial court failed to conduct a Faretta hearing after Tennis made multiple unequivocal requests to represent himself. The court held that failure to hold such a hearing
• Mikenas v. State
  460 So. 2d 359· Fla.· 1984-11-01 ·cited 83×
  Mark Mikenas appeals the denial of his post-conviction relief motion challenging his death sentence for first-degree felony murder. The Florida Supreme Court affirmed the denial of relief, holding that Mikenas failed to establish that his guilty plea was involuntary and that he r
• Correale v. United States
  479 F.2d 944· 1st Cir.· 1973-06-06 ·cited 80×
  A prosecutor's recommendation of an illegal sentence in exchange for a guilty plea renders the plea invalid, entitling the defendant to relief.
• United States v. Blair
  470 F.2d 331· 5th Cir.· 1972-06-28 ·cited 79×
  The court held that the jury selection plan was validly interpreted and that the clerk's actions complied with it. It also held that a defendant's conviction must be reversed if the trial court failed to inform him of the maximum penalty before accepting a nolo contendere plea.
• Friedman v. United States
  200 F.2d 690· 8th Cir.· 1952-12-31 ·cited 79×
  The court held that the district court did not abuse its discretion in denying motions to withdraw guilty pleas after sentencing, as the pleas were voluntarily and knowingly entered.
• Cooks v. United States
  461 F.2d 530· 5th Cir.· 1972-06-08 ·cited 75×
  A guilty plea induced by counsel's erroneous advice regarding the maximum sentence and the nature of the charges is neither knowing nor voluntary, thus requiring vacation of the conviction.
• Cleveland Colson v. Lamont Smith
  438 F.2d 1075· 5th Cir.· 1971-01-21 ·cited 72×
  A voluntary guilty plea waives non-jurisdictional defects, but a plea induced by ineffective assistance of counsel is involuntary and can be challenged. Statistical evidence of racial disparity in grand jury selection can establish a prima facie case of discrimination.
• Winkles v. State
  894 So. 2d 842· Fla.· 2005-01-13 ·cited 65×
  James Delano Winkles was convicted of two first-degree murders committed in 1980 and 1981 involving kidnapping, rape, and premeditated killing of two women. The Florida Supreme Court affirmed his convictions and death sentences on both counts, rejecting constitutional challenges
• Bradbury v. Louie L. Wainwright
  658 F.2d 1083· 5th Cir.· 1981-10-15 ·cited 65×
  A guilty plea is valid if the defendant understands the potential consequences, even if they were unaware of specific plea bargain details or the precise qualifications of an appointed medical examiner, as long as there was no misrepresentation.
• United States v. Swaggerty
  218 F.2d 875· 7th Cir.· 1955-01-14 ·cited 64×
  A defendant's disappointment with the length of a sentence is not grounds to withdraw a guilty plea, especially when the plea was entered knowingly and voluntarily.
• Bell v. State
  289 So. 2d 388· Fla.· 1973-12-20 ·cited 63×
  Gilbert Bell appealed his conviction for offenses involving a minor, challenging the constitutionality of Florida Statutes §§ 828.21, 800.02, and 796.07. The Florida Supreme Court upheld all three statutes as sufficiently definite and not unconstitutionally vague, and affirmed Be
• United States v. Carr
  740 F.2d 339· 5th Cir.· 1984-08-17 ·cited 62×
  The court held that the district court did not abuse its discretion in denying the appellant's motion to withdraw his guilty plea.
• Thompson v. State
  638 So. 2d 116· Fla. 5th DCA· 1994-06-03 ·cited 56×
  Willie Thompson pleaded guilty after being informed only of potential maximum sentences if deemed a habitual violent felony offender, but not that the State or court would actively seek such treatment. The court reversed the habitual violent felony offender sentence, holding that
• Iacono v. State
  930 So. 2d 829· Fla. 4th DCA· 2006-06-07 ·cited 55×
  A defendant's claim that counsel advised them to lie during a plea colloquy is legally insufficient to warrant an evidentiary hearing and is conclusively refuted by the record.
• Kotz v. United States
  353 F.2d 312· 8th Cir.· 1965-11-22 ·cited 55×
  The court held that a sentence under the Youth Corrections Act is not invalid due to potentially longer restraint than the offense statute, and a guilty plea is valid if the defendant understood the consequences, even if the court did not explicitly explain all sentencing provisi
• Lawrence v. State
  969 So. 2d 294· Fla.· 2007-11-01 ·cited 50×
  Jonathan Huey Lawrence, convicted of first-degree murder and sentenced to death, appealed denial of his Rule 3.851 post-conviction motion and filed a habeas petition challenging his conviction and sentence. The Florida Supreme Court affirmed the trial court's denial, finding no m
• Lexington Steve Lamb v. Beto
  423 F.2d 85· 5th Cir.· 1970-02-16 ·cited 48×
  The court held that the appellant's claims of denial of counsel, inadequate representation, and involuntary guilty pleas were not supported by the record, affirming the denial of his habeas corpus petition.
• Walker v. Caldwell
  476 F.2d 213· 5th Cir.· 1973-04-03 ·cited 45×
  Appointed counsel was ineffective because the attorney did not familiarize himself with the facts and petitioner pleaded guilty to felonies that were actually misdemeanors.
• United States v. Ellison
  835 F.2d 687· 7th Cir.· 1987-12-08 ·cited 42×
  A defendant's sworn statements during a Rule 11 colloquy, establishing a knowing and voluntary guilty plea, are binding and control their fate, even if they later claim subjective intent to withdraw.
• Baker v. United States
  781 F.2d 85· 6th Cir.· 1986-01-15 ·cited 40×
  A defendant's guilty plea is knowing and voluntary if entered into after the court scrupulously follows Rule 11 procedures, and the defendant is bound by the terms revealed in open court, absent extraordinary circumstances.
• United States v. Thomas
  468 F.2d 422· 10th Cir.· 1972-10-13 ·cited 38×
  The court affirmed convictions for most appellants but reversed for Breath due to insufficient evidence and for Chatman due to a flawed guilty plea process.
• United States v. Davila
  698 F.2d 715· 5th Cir.· 1983-02-07 ·cited 36×
  The dissent argues that an accused cannot be guilty of misprision of a felony when the conduct concealed is the commission of the felony itself, due to Fifth Amendment protections against self-incrimination.
• Gill v. State
  14 So. 3d 946· Fla.· 2009-07-09 ·cited 34×
  Ricardo Gill was convicted of first-degree murder for strangling his cellmate Orlando Rosello while imprisoned. Gill pleaded guilty, waived jury representation at sentencing, and sought the death penalty, which was imposed. On appeal, the Florida Supreme Court affirmed the convic
• United States v. Winfield L. Roberts
  570 F.2d 999· D.C. Cir.· 1977-12-21 ·cited 34×
  The court held that the Government's failure to fully disclose the details of the plea agreement during the Rule 11 proceedings required reversal and permitted the defendant to withdraw his guilty plea.
• Birchfield v. United States
  296 F.2d 120· 5th Cir.· 1961-11-17 ·cited 34×
  The court held that habeas corpus was not the proper remedy for the petitioner's claims regarding counsel's alleged conflict of interest, as a motion under 28 U.S.C.A. § 2255 was available and adequate.
• Nixon v. State
  857 So. 2d 172· Fla.· 2003-07-10 ·cited 33×
  Joe Elton Nixon, a death row inmate, appealed the denial of postconviction relief based on his trial counsel's admission of his guilt without his explicit consent. The Florida Supreme Court reversed and remanded for a new trial, holding that silent acquiescence to a counsel's str
• Woodard v. Beto
  447 F.2d 103· 5th Cir.· 1971-06-23 ·cited 33×
  The court held that the appellant's claims of ineffective assistance of counsel and double jeopardy did not rise to federal constitutional proportions, thus denying habeas corpus relief.
• Barnes v. State
  29 So. 3d 1010· Fla.· 2010-02-04 ·cited 32×
  James Phillip Barnes was convicted of first-degree murder and sentenced to death for the 1988 murder of Patricia Miller, a nurse killed in her Florida condominium. Barnes appealed contesting the trial court's appointment of special mitigation counsel over his objection and the co
• State v. Wiita
  744 So. 2d 1232· Fla. 4th DCA· 1999-11-10 ·cited 32×
  The court held that the trial court did not abuse its discretion in vacating the defendant's sentence because the defendant's guilty plea was not entered knowingly or voluntarily due to the unforeseen consequences of a later enacted statute requiring sex offender registration and
• United States v. Navarro-Botello
  912 F.2d 318· 9th Cir.· 1990-08-17 ·cited 32×
  A defendant's waiver of the right to appeal a sentence, made as part of a negotiated plea agreement, is enforceable if it is made voluntarily and knowingly, and does not violate due process or public policy.
• United States v. Broussard
  645 F.2d 504· 5th Cir.· 1981-05-21 ·cited 32×
  The court held that a special parole term imposed under 21 U.S.C. § 963 is invalid, but a knowing and voluntary guilty plea waives non-jurisdictional defects, including speedy trial claims.
• Moore v. Estelle
  526 F.2d 690· 5th Cir.· 1976-02-02 ·cited 32×
  The court held that a prior determination on the merits of a habeas corpus petition bars successive attacks on the same grounds, and that the petitioner's declarations in open court established the voluntary and knowing character of his guilty plea to the enhancement count.
• Putnam v. United States
  337 F.2d 313· 10th Cir.· 1964-10-22 ·cited 32×
  The court held that the defendant's guilty plea was entered voluntarily and knowingly, and thus no evidentiary hearing was required.
• Buster O'Neal v. Smith
  431 F.2d 646· 5th Cir.· 1970-09-10 ·cited 31×
  The court held that the district court did not err in denying habeas corpus relief, finding that the appellant received effective assistance of counsel and knowingly and voluntarily pleaded guilty.
• Davis v. State
  938 So. 2d 555· Fla. 1st DCA· 2006-08-22 ·cited 30×
  A defendant cannot contradict sworn representations made to the court during a plea colloquy, especially regarding counsel's effectiveness and the voluntary nature of the plea.
• Nash v. Israel
  707 F.2d 298· 7th Cir.· 1983-05-19 ·cited 30×
  The court held that a guilty plea is invalid if the trial court fails to establish on the record that the defendant understood the elements of the charge, particularly when the defendant explicitly states confusion.
• Len C. Scott v. Louie L. Wainwright
  698 F.2d 427· 11th Cir.· 1983-02-14 ·cited 30×
  A guilty plea is not knowing and voluntary if the defendant did not receive reasonably effective assistance of counsel in deciding to plead guilty.
• United States v. Amadeo Augusto Luciano Santelises
  509 F.2d 703· 2d Cir.· 1975-01-09 ·cited 30×
  The court held that an appended affidavit from counsel is of no legal significance if it does not aver an affirmative misrepresentation, and a plea is not rendered involuntary by the defendant's unawareness of potential deportation.
• United States v. Gonzalez-Mercado
  808 F.2d 796· 11th Cir.· 1987-01-26 ·cited 29×
  The court held that the district court did not abuse its discretion in denying the defendant's motion to withdraw his guilty plea, as the plea was knowing and voluntary.
• FOX v. Ira Kelso
  911 F.2d 563· 11th Cir.· 1990-09-07 ·cited 27×
  The court held that the state failed to carry its burden of proving that the petitioner's guilty pleas were knowing and intelligent, and thus the district court properly granted habeas relief.
• United States ex rel. Charles F. Scott v. Mancusi
  429 F.2d 104· 2d Cir.· 1970-07-06 ·cited 27×
  A guilty plea induced by defense counsel's good-faith, but erroneous, sentence estimate or misstatement of law regarding withdrawal does not render the plea involuntary, absent evidence of government inducement.
• United States v. Thompson
  906 F.2d 1292· 8th Cir.· 1990-07-05 ·cited 26×
  The court held that the informant's tip, corroborated by police observations, provided reasonable suspicion for the stop and probable cause for the arrest and search of the vehicle. The court also held that the district court did not err in denying the motion to withdraw the guil
• United States v. Brown
  870 F.2d 1354· 7th Cir.· 1989-03-30 ·cited 26×
  A guilty plea waives non-jurisdictional claims, including denial of counsel of choice and severance, and a defendant must object to presentence report inaccuracies at sentencing or forfeit the right to challenge them on appeal.
• United States v. Mack
  655 F.2d 843· 8th Cir.· 1981-07-08 ·cited 26×
  The court held that the issue of the constitutionality of the committed fine due to indigency was not ripe for review, and that the second guilty plea cured any defects from the original plea proceedings, thus denying specific performance of the original plea agreement.
• Ford v. Parratt
  638 F.2d 1115· 8th Cir.· 1981-01-21 ·cited 26×
  The court held that ineffective assistance of counsel can only vitiate a guilty plea if there is a nexus between the alleged ineffectiveness and the plea itself.
• United States v. Masthers
  539 F.2d 721· D.C. Cir.· 1976-04-14 ·cited 26×
  A defendant's guilty plea is void if not equally voluntary and knowing, requiring an evidentiary hearing when doubt arises about comprehension due to mental retardation.