Knowing And Voluntary Plea

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

• Edwards v. Warden Sam P. Garrison
  529 F.2d 1374· 4th Cir.· 1975-10-13 ·cited 26×
  A prisoner's allegations of an unkept plea bargain may entitle them to an evidentiary hearing, even if they denied promises at arraignment, if they reasonably allege why their prior statements should not be conclusive.
• Odegaard v. State
  137 So. 3d 505· Fla. 2d DCA· 2014-03-28 ·cited 25×
  Nicholas Odegaard appealed the denial of his motion for relief from his robbery conviction and 45-year sentence. The appellate court found his trial counsel was ineffective for failing to advise him that he faced up to 45 years in prison (consecutive sentences), reversing in part
• State v. Seraphin
  818 So. 2d 485· Fla.· 2002-05-16 ·cited 25×
  The Florida Supreme Court held that while trial courts have a mandatory duty to inform defendants of deportation consequences before accepting guilty pleas under Florida Rule of Criminal Procedure 3.172(c)(8), a defendant seeking postconviction relief must demonstrate prejudice b
• United States v. Rizzo
  362 F.2d 97· 7th Cir.· 1966-06-16 ·cited 24×
  The trial court did not err in accepting the defendant's guilty plea, as the colloquy and surrounding circumstances informally satisfied the requirements of Rule 11.
• Gillis v. State
  807 So. 2d 204· Fla. 5th DCA· 2002-02-22 ·cited 22×
  The court held that a defendant's conclusory allegations of incompetence, unsupported by evidence, are insufficient to state a claim for postconviction relief when the record refutes the plea's voluntariness.
• Fambro v. State
  581 So. 2d 199· Fla. 4th DCA· 1991-05-29 ·cited 22×
  Roger Fambro appeals the trial court's denial of his motion to withdraw guilty pleas for two counts of selling cocaine. The court affirmed, holding that the conditions imposed after the plea's formal acceptance—including the requirement that Fambro appear for sentencing or face h
• McCOY v. Louie L. Wainwright
  804 F.2d 1196· 11th Cir.· 1986-11-03 ·cited 22×
  The court held that the appellant is entitled to an evidentiary hearing to determine whether his counsel was ineffective.
• United States v. Fels
  599 F.2d 142· 7th Cir.· 1979-04-24 ·cited 22×
  The dissenting judge would have affirmed the guilty pleas, finding them voluntary despite a technical omission in the Rule 11 colloquy.
• United States ex rel. Sheldon Leeson v. Damon
  496 F.2d 718· 2d Cir.· 1974-04-01 ·cited 22×
  The court held that erroneous advice from counsel regarding sentencing does not constitute ineffective assistance of counsel unless it is so egregious as to shock the conscience.
• McPHERSON v. State
  237 So. 2d 18· Fla. 1st DCA· 1970-06-25 ·cited 22×
  James Edward McPherson appealed his conviction based on a nolo contendere plea, arguing the record failed to show his plea was knowingly, intelligently, and voluntarily entered. The Florida District Court of Appeal affirmed the conviction but emphasized the importance of trial co
• United States v. Rhodes
  913 F.2d 839· 10th Cir.· 1990-09-06 ·cited 20×
  The court held that a defendant's guilty plea was voluntary and the district court did not abuse its discretion in denying the motion to withdraw the plea.
• Smith v. O.L. McCOTTER
  786 F.2d 697· 5th Cir.· 1986-04-07 ·cited 20×
  A federal court reviewing a state conviction via habeas corpus is limited to federal constitutional claims, and a guilty plea waives most preceding claims, including alleged defects in the indictment or lack of personal service.
• United States v. Presley
  478 F.2d 163· 5th Cir.· 1973-05-04 ·cited 20×
  The court held that appellants should have been permitted to withdraw their nolo contendere pleas and proceed to trial, as the intervening Supreme Court decision raised substantial questions about the federal nature of the charges.
• United States v. Brown
  413 F.2d 878· 9th Cir.· 1969-06-27 ·cited 20×
  The dissenting judge would allow the petitioner to amend his claim regarding the aggravated offense and hold a hearing if sufficient facts are alleged, as the record is not conclusive.
• Hunter v. United States
  409 F.2d 1203· 5th Cir.· 1969-04-25 ·cited 20×
• Geeta Panchu v. State
  1 So. 3d 1243· Fla. 4th DCA· 2009-02-11 ·cited 19×
  The court held that a defendant is entitled to an evidentiary hearing on a motion to withdraw a plea if the allegations are not conclusively rebutted by the record, even if the defendant does not explicitly state they would not have pleaded guilty but for counsel's alleged misadv
• Autry Lee Jones v. Henderson
  549 F.2d 995· 5th Cir.· 1977-03-31 ·cited 19×
• Young v. Lynaugh
  821 F.2d 1133· 5th Cir.· 1987-07-20 ·cited 18×
  The court held that the district court properly entertained the habeas petition but must reconsider the substantive claims, vacating the judgment and remanding for further proceedings.
• Craker v. O.L. McCOTTER
  805 F.2d 538· 5th Cir.· 1986-12-08 ·cited 18×
  The court held that a petitioner challenging a guilty plea based on ineffective assistance of counsel must show a reasonable probability that, but for counsel's errors, they would have pleaded not guilty and insisted on going to trial.
• United States v. Rodriguez-DeMAYA
  674 F.2d 1122· 5th Cir.· 1982-05-07 ·cited 18×
  The court held that the defendant's guilty plea was knowingly and voluntarily made in compliance with Rule 11, and the district court did not abuse its discretion in denying the motion to withdraw the plea.
• Bell v. W. J
  525 F.2d 656· 5th Cir.· 1975-12-31 ·cited 18×
  The court held that a state court's failure to strictly comply with a state statute in accepting a guilty plea does not raise a federal constitutional question if the plea was knowing and voluntary. Furthermore, the court held that a challenge to a nunc pro tunc sentence amendmen
• United States v. Sams
  521 F.2d 421· 3d Cir.· 1975-08-04 ·cited 18×
  A guilty plea does not bar collateral attack on a conviction when the underlying conduct is later deemed constitutionally protected, but a claim for refund of a fine is barred by the statute of limitations.
• Moore v. Hinton
  513 F.2d 781· 5th Cir.· 1975-06-02 ·cited 18×
  A defendant need not be informed of the collateral consequence of driver's license suspension before pleading guilty to driving while intoxicated.
• Bryant v. Elliott
  472 F.2d 572· 5th Cir.· 1973-01-19 ·cited 18×
  The court held that the district court correctly dismissed the habeas corpus petition because the Supreme Court's decision in Boykin v. Alabama is not retroactive, and the petitioner's guilty plea predated Boykin.
• State OF Mo. v. Turley
  443 F.2d 1313· 8th Cir.· 1971-05-18 ·cited 18×
  The court held that a defendant's desire to avoid jail and plea bargain for dismissal of other charges, even with limited counsel involvement, does not render a guilty plea involuntary if the defendant is experienced and understands the proceedings.
• Doty v. State
  170 So. 3d 731· Fla.· 2015-07-09 ·cited 17×
  Wayne C. Doty, serving a life sentence for a prior murder, was convicted of first-degree murder and sentenced to death for killing fellow inmate Xavier Rodriguez at Florida State Prison. The Florida Supreme Court affirmed the conviction and death sentence, rejecting challenges to
• Johnson v. State
  776 So. 2d 1024· Fla. 1st DCA· 2001-01-22 ·cited 17×
  The court held that allegations of erroneous sentencing advice and claims for additional jail credit are sufficient to warrant an evidentiary hearing or attachment of refuting record portions. The court also held that a probationer must be advised of the potential consequences of
• Stano v. Dugger
  921 F.2d 1125· 11th Cir.· 1991-01-02 ·cited 17×
  Gerald Eugene Stano appealed the denial of his federal habeas corpus petition challenging his death sentences for two murders, raising claims of self-representation and ineffective assistance of counsel under the Sixth Amendment. The Eleventh Circuit en banc held that Stano's gui
• Eggleston v. United States
  798 F.2d 374· 9th Cir.· 1986-08-28 ·cited 17×
  The court held that the defendant's guilty plea was entered voluntarily and knowingly, and that his appointed counsel provided effective assistance.
• United States v. Knorr
  942 F.2d 1217· 7th Cir.· 1991-09-16 ·cited 16×
  The court held that the district court did not abuse its discretion in denying the defendant's motion to withdraw his guilty plea, denying his motion for a continuance, or refusing to grant a reduction for acceptance of responsibility.
• United States v. Woods
  870 F.2d 285· 5th Cir.· 1989-04-17 ·cited 16×
  A federal prisoner's failure to demonstrate prima facie constitutional error in his guilty plea proceedings, even with a lost transcript, warrants denial of habeas corpus relief.
• United States v. Crook
  607 F.2d 670· 5th Cir.· 1979-11-27 ·cited 16×
  The court held that a technical violation of Rule 11, without a showing that the defendant would not have pleaded guilty had the rule been followed, does not justify collateral relief under 28 U.S.C. § 2255. The court also held that an evidentiary hearing was not required for a c
• FRY v. United States
  569 F.2d 303· 5th Cir.· 1978-03-09 ·cited 16×
  A knowing and voluntary guilty plea waives all but jurisdictional defects, and a violation of the Petite Policy is not a jurisdictional defect.
• Makal v. State OF Ariz. & Harold G. Card-well
  544 F.2d 1030· 9th Cir.· 1976-10-26 ·cited 16×
  The court held that the petitioner's guilty plea was validly accepted because the trial court adequately ensured it was knowing and voluntary, and the petitioner's mental competency to plead guilty was sufficiently established or reconstructible from the record. The court also he
• United States v. Leming
  532 F.2d 647· 9th Cir.· 1975-08-04 ·cited 16×
  The dissenting judge held that appellants did not waive their constitutional claims by pleading guilty, as the claims related to the sentencing process, not the guilt-determining process. The judge further held that the claims had merit because Youth Corrections Act confinement i
• Sumner v. State
  289 So. 2d 434· Fla. 1st DCA· 1974-02-05 ·cited 16×
  The court held that a guilty plea is valid even if the defendant is not explicitly advised of their right to remain silent, provided the plea is entered knowingly and voluntarily, with counsel's advice, and the record shows awareness of the plea's consequences.
• United States v. Jasper
  481 F.2d 976· 3d Cir.· 1973-06-22 ·cited 16×
  The court held that a prior sentence, even if containing language that could be construed as illegal, does not necessarily require resentencing if it does not exceed the maximum permissible sentence on any one valid count.
• Henderson v. United States
  395 F.2d 209· 5th Cir.· 1968-05-17 ·cited 16×
• Gallegos v. COX
  358 F.2d 703· 10th Cir.· 1966-03-25 ·cited 16×
  The court held that the information was not unconstitutionally vague and that the guilty plea was knowing and voluntary.
• Edgerton v. State OF N.C.
  315 F.2d 676· 4th Cir.· 1963-03-14 ·cited 16×
  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.
• Lesko v. Lehman
  925 F.2d 1527· 3d Cir.· 1991-02-11 ·cited 15×
  The court held that the district court erred in failing to hold an evidentiary hearing on Lesko's claim that his guilty plea was used in violation of due process, and that prosecutorial comments tainted the jury's sentencing determination.
• Harris v. United States
  338 F.2d 75· 9th Cir.· 1964-11-05 ·cited 15×
  The court held that a guilty plea waives objections to evidence acquisition and that a judge's relationship to a bankruptcy trustee, when disclosed and consented to by the defendant, does not require disqualification.
• Altersberger v. State
  103 So. 3d 122· Fla.· 2012-09-06 ·cited 14×
  Joshua Lee Altersberger appeals his conviction and death sentence for first-degree murder of Florida Highway Patrol Sergeant Nick Sottile. The Florida Supreme Court affirmed his conviction and sentence, rejecting challenges to the cold, calculated, and premeditated aggravator, th
• Bonvillain v. Blackburn
  780 F.2d 1248· 5th Cir.· 1986-01-22 ·cited 14×
  The court held that the petitioner failed to establish a broken plea bargain or ineffective assistance of counsel, and thus was not entitled to habeas corpus relief.
• James Banks, Jr. v. McGOUGAN
  717 F.2d 186· 5th Cir.· 1983-10-14 ·cited 14×
  State courts are not constitutionally required to establish a factual basis for a guilty plea unless the defendant asserts innocence or the court is otherwise put on notice.
• 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
• Lexington S. Lamb v. Estelle
  667 F.2d 492· 5th Cir.· 1982-02-12 ·cited 14×
  The court held that Rule 8(c) of the Rules Governing Section 2254 Cases requires the appointment of counsel for evidentiary hearings, and the lack of counsel at such a hearing for the 1958 conviction requires vacating the dismissal of that conviction's challenge. The court affirm
• United States v. Winley
  638 F.2d 560· 2d Cir.· 1981-01-15 ·cited 14×
  The court held that the district judge did not err in declaring a mistrial and that the admission of redacted guilty plea allocutions of unavailable co-conspirators as declarations against interest was proper.
• United States v. Beck
  606 F.2d 814· 8th Cir.· 1979-10-04 ·cited 14×
  The court held that the appellant's guilty plea was valid and he received effective assistance of counsel, affirming the denial of his post-conviction petition.
• United States v. Boniface
  601 F.2d 390· 9th Cir.· 1979-05-14 ·cited 14×
  The court held that the district court did not err in denying the petitioner's motion to vacate his conviction and sentence under 28 U.S.C. § 2255.