Knowing And Voluntary Plea

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

• United States v. Vallejo
  476 F.2d 667· 3d Cir.· 1973-04-03 ·cited 14×
  The court held that the district court did not abuse its discretion in denying the motion to withdraw a guilty plea, and that a failure to specifically advise of the privilege against self-incrimination does not invalidate a plea entered knowingly and voluntarily.
• United States v. Simpson
  475 F.2d 934· D.C. Cir.· 1973-01-26 ·cited 14×
  The court held that the petitioner's claim that his counsel falsely represented assurances from the judge regarding sentencing under the Youth Corrections Act was not supported by a preponderance of the evidence.
• Smothers v. State
  555 So. 2d 452· Fla. 5th DCA· 1990-01-18 ·cited 13×
  Trial court erred in denying post-conviction relief motion without an evidentiary hearing or attaching record portions as required by Rule 3.850, where defendant alleged his plea was not knowingly entered.
• 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.
• Silas Gilyard v. State
  675 So. 2d 950· Fla. 1st DCA· 1996-03-11 ·cited 12×
  Silas Gilyard appeals the denial of his motion for postconviction relief, claiming his guilty plea to a violation of probation was not knowing and voluntary because his trial counsel misinformed him about the maximum sentence he could receive. The appellate court found the trial
• United States v. Gaitan
  954 F.2d 1005· 5th Cir.· 1992-02-11 ·cited 12×
  The court held that the career offender enhancement requires the offense of conviction, not just the underlying conduct, to be a controlled substance offense. The court also held that a defendant must be aware of the maximum potential sentence and fine for a plea to be knowing an
• United States v. Allard
  926 F.2d 1237· 1st Cir.· 1991-02-28 ·cited 12×
  The court held that the district court erred in denying the defendant's motion to withdraw his guilty plea because the defendant was not adequately informed of the nature of the charge against him, specifically that it included defrauding a hospital.
• Norman v. O.L. McCOTTER
  765 F.2d 504· 5th Cir.· 1985-07-15 ·cited 12×
  The court held that while the district court erred in converting a motion to dismiss to summary judgment without notice, the error was harmless. The court affirmed the denial of the habeas corpus petition, finding no reversible error in the petitioner's claims.
• Ottway Barbee v. Ruth
  678 F.2d 634· 5th Cir.· 1982-06-18 ·cited 12×
  A guilty plea is valid even if the defendant is not informed that the sentence may run consecutively to a prior sentence.
• Jewell Jess Stone v. Cardwell
  620 F.2d 212· 9th Cir.· 1980-05-30 ·cited 12×
  The federal district court's finding that a state prisoner's guilty plea was not knowingly and voluntarily made is not clearly erroneous and is therefore affirmed.
• Loconte v. State
  382 So. 2d 26· Fla. 1st DCA· 1979-05-15 ·cited 12×
  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.
• O'Quinn v. State
  364 So. 2d 775· Fla. 1st DCA· 1978-11-03 ·cited 12×
  The appellate court affirmed the trial court's denial of a motion to vacate a guilty plea for first-degree murder. The defendant argued ineffective assistance of counsel and that his plea was not knowing and voluntary, but the court found these claims unsupported by the evidence.
• United States v. de Cavalcante
  449 F.2d 139· 3d Cir.· 1971-09-10 ·cited 12×
  A defendant's motion to withdraw a guilty plea before sentencing may be denied if the prosecution would be prejudiced, provided the plea was entered voluntarily and knowingly.
• Snipe v. United States
  343 F.2d 25· 9th Cir.· 1965-03-08 ·cited 12×
  The court held that the district court properly accepted the guilty plea after ensuring the defendant understood the charges and entered the plea voluntarily.
• Gladden v. Gidley
  337 F.2d 575· 9th Cir.· 1964-10-14 ·cited 12×
  The court held that factual issues regarding the voluntariness of the guilty plea and the deliberate bypass of state remedies required an evidentiary hearing.
• United States v. Russell
  776 F.2d 955· 11th Cir.· 1985-11-18 ·cited 11×
  The court held that a Rule 35 motion filed after a notice of appeal was jurisdictionally barred, but affirmed the denial of the defendant's motion to withdraw his guilty plea and vacate his sentence.
• Cervantes v. COX
  350 F.2d 855· 10th Cir.· 1965-09-15 ·cited 11×
  An accused's inability to communicate with counsel due to a language barrier does not automatically deny effective representation or a knowing plea.
• 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
• D.V.L. v. State
  693 So. 2d 693· Fla. 2d DCA· 1997-05-09 ·cited 10×
  The court held that the juvenile's plea colloquy was inadequate, requiring an opportunity to withdraw her plea to escape charges and reversal of the burglary adjudication.
• United States v. Lambey
  974 F.2d 1389· 4th Cir.· 1992-09-02 ·cited 10×
  The court should have allowed withdrawal of the guilty plea because counsel's mistaken advice provided a 'fair and just reason' under Rule 32(d).
• Chandler v. Armontrout
  940 F.2d 363· 8th Cir.· 1991-08-01 ·cited 10×
  The court held that the district court did not err in denying the habeas petition, as counsel was not ineffective and the guilty plea was knowing and voluntary.
• United States v. Benavides
  793 F.2d 612· 5th Cir.· 1986-06-20 ·cited 10×
  A defendant must show a fair and just reason to withdraw a guilty plea before sentencing, and the mere absence of prejudice to the government is insufficient if no credible reason is proffered.
• Brushingham v. State
  460 So. 2d 523· Fla. 4th DCA· 1984-12-12 ·cited 10×
  A Florida appellate court affirmed the revocation of probation and sentencing where the defendant agreed to probation conditioned on making restitution payments within a set timeframe and waived the right to challenge the probation violation based on inability to pay. The court h
• Walker v. Maggio
  738 F.2d 714· 5th Cir.· 1984-08-20 ·cited 10×
  The court held that the petitioner failed to overcome the presumption of correctness accorded to the state court's finding that his guilty plea was knowingly and voluntarily entered.
• Reed v. State
  447 So. 2d 933· Fla. 3d DCA· 1984-03-13 ·cited 10×
  Ronald Ellis Reed appealed the denial of his Rule 3.850 post-conviction relief motion claiming ineffective assistance of counsel in connection with his guilty plea to manslaughter by operating a motor vehicle while intoxicated. The court affirmed the denial, holding that counsel'
• Alessi v. United States
  653 F.2d 66· 2d Cir.· 1981-06-22 ·cited 10×
  The court held that the district court did not err in dismissing a successive § 2255 petition because the issues raised had already been decided on their merits by prior court decisions.
• Ballard v. Maggio
  544 F.2d 1247· 5th Cir.· 1977-01-10 ·cited 10×
  The court held that the petitioner had sufficiently exhausted state remedies regarding ineffective assistance of counsel and remanded for an evidentiary hearing to determine if counsel's ineffectiveness rendered the guilty plea involuntary.
• United States v. Erlenborn
  483 F.2d 165· 9th Cir.· 1973-07-13 ·cited 10×
  The court held that the trial court did not err in denying the defendant's motion to withdraw his guilty plea and that the plea colloquy complied with Rule 11.
• United States v. Earnest Dean Sanders
  435 F.2d 1282· 10th Cir.· 1970-12-22 ·cited 10×
  A guilty plea is void if the sentencing court fails to personally address the defendant and determine their understanding of the nature of the charges, as required by Rule 11.
• Ellis Salem George v. United States
  421 F.2d 128· 2d Cir.· 1970-01-13 ·cited 10×
  The court held that the defendant's guilty plea, entered before the Supreme Court's decision in McCarthy v. United States, was not automatically invalidated by the trial judge's failure to comply with Rule 11.
• United States v. Gutierrez
  839 F.2d 648· 10th Cir.· 1988-02-10 ·cited 9×
  The court held that a district court must provide notice before converting a motion to dismiss under Rule 9(a) into a motion for summary judgment, and that an evidentiary hearing is required if the record does not conclusively show the prisoner is entitled to no relief.
• Sanchez-Torres v. State
  130 So. 3d 661· Fla.· 2013-07-03 ·cited 8×
  Hector Sanchez-Torres appeals his convictions for first-degree murder and armed robbery and his death sentence for killing 19-year-old Erick Joel Colon during a robbery. The Florida Supreme Court affirmed, rejecting claims that his guilty plea was involuntary, that polygraph evid
• LEE v. State
  642 So. 2d 1190· Fla. 1st DCA· 1994-09-29 ·cited 8×
  Andrew Lamar Lee appeals habitual felony offender sentences imposed after his guilty plea to sexual battery with a deadly weapon and burglary. The court affirmed that the trial court's failure to advise Lee of collateral consequences did not require reversal, but reversed the hab
• Jones v. State
  639 So. 2d 147· Fla. 5th DCA· 1994-07-01 ·cited 8×
  Robert Jones appeals his habitual offender sentence imposed after a guilty plea to cocaine possession, arguing the state failed to provide written notice of intent to seek habitual offender treatment before the plea was entered. The court agrees and reverses, holding that pre-ple
• United States v. Agrell
  965 F.2d 222· 7th Cir.· 1992-05-27 ·cited 8×
  The court held that the district court did not err in denying the defendant's motion for mistrial, applying the Sentencing Guidelines, denying a reduction for acceptance of responsibility, or including a 1970 conviction in the criminal history category.
• United States v. Badger
  925 F.2d 101· 5th Cir.· 1991-02-14 ·cited 8×
  The court held that the district court did not err in denying the defendant's motion to withdraw his guilty pleas or in finding he was not a minimal or minor participant, but erred in imposing a mandatory three-year supervised release term based on misinformation.
• Moore v. Jarvis
  885 F.2d 1565· 11th Cir.· 1989-10-18 ·cited 8×
  The court held that the petitioner's claims regarding uncounseled misdemeanor convictions and sentencing enhancements were not sufficiently alleged to warrant an evidentiary hearing.
• United States v. Rossillo
  853 F.2d 1062· 2d Cir.· 1988-08-11 ·cited 8×
  The court held that the defendant's motion to withdraw his guilty plea was properly denied because the plea was entered voluntarily and knowingly, despite claims of a heart condition affecting his understanding.
• Stacey v. Solem
  801 F.2d 1048· 8th Cir.· 1986-09-24 ·cited 8×
  The court held that the totality of circumstances showed a voluntary and intelligent guilty plea, and that counsel's actions did not constitute ineffective assistance.
• United States v. Trott
  779 F.2d 912· 3d Cir.· 1985-12-23 ·cited 8×
  The court held that a guilty plea is valid if entered knowingly and voluntarily with an adequate factual basis, and withdrawal is within the trial court's discretion absent a compelling reason.
• Morgan v. Israel
  735 F.2d 1033· 7th Cir.· 1984-05-31 ·cited 8×
  The court held that the defendant knowingly waived his right to a trial on the issue of intent by pleading not guilty by reason of insanity, and thus his petition for habeas corpus was properly denied.
• United States v. Hudson
  667 F.2d 767· 8th Cir.· 1982-01-12 ·cited 8×
  The court held that while the Bureau of Prisons had not implemented the Youth Corrections Act as intended, habeas relief was not the proper remedy, and affirmed the district court's denial of relief.
• United States ex rel. Joseph Cyburt v. Rowe
  638 F.2d 1100· 7th Cir.· 1981-01-19 ·cited 8×
  The court held that the trial court's failure to hold a full competency hearing was not constitutional error, and the guilty plea was voluntary and knowingly entered, and counsel was effective.
• Gotcher v. Beto
  444 F.2d 696· 5th Cir.· 1971-06-21 ·cited 8×
  The court held that a federal court may deny a habeas corpus petition without an evidentiary hearing if the state court's prior hearing met the standards set forth in Townsend v. Sain, and that the petitioner's guilty pleas were not rendered involuntary by the circumstances prese
• Johnson v. State
  248 So. 2d 225· Fla. 2d DCA· 1971-05-19 ·cited 8×
  The court held that a defendant's guilty plea, entered knowingly and voluntarily with counsel's advice and understanding of consequences, is valid and cannot be vacated.
• Miller v. State
  242 So. 2d 502· Fla. 2d DCA· 1970-12-30 ·cited 8×
• Cotner v. Henry
  394 F.2d 873· 7th Cir.· 1968-04-17 ·cited 8×
  The dissenting judge would affirm the district court's decision, disagreeing with the majority's grant of relief.
• Bates v. Meadows
  358 F.2d 674· 6th Cir.· 1966-03-28 ·cited 8×
  The court held that the petitioner failed to prove by a preponderance of the evidence that his guilty plea was not voluntarily and understandingly made.
• Wolter v. State
  219 So. 3d 852· Fla. 4th DCA· 2017-05-17 ·cited 7×
  Christopher Wolter appealed the denial of his post-judgment motion for jail credit following his plea to violation of probation and a new offense. The court affirmed the denial but allowed him to pursue claims regarding the voluntariness of his plea through a Rule 3.850 motion.
• Wendt v. State
  19 So. 3d 1024· Fla. 3d DCA· 2009-09-02 ·cited 7×
  Tracey Wendt appeals the trial court's summary denial of her motions to withdraw her probation violation plea and to appoint conflict-free counsel. The appellate court affirmed, holding that Wendt failed to allege any conflict with her attorney and that the record conclusively re