Motion To Vacate Conviction

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

• Downs v. State
  453 So. 2d 1102· Fla.· 1984-06-21 ·cited 187×
  Ernest Downs appeals the trial court's denial of his post-conviction motions to vacate his death sentence and murder conviction for killing Harris. The Florida Supreme Court affirms, holding that Downs failed to establish ineffective assistance of counsel and applying the newly a
• Wilson v. Louie L. Wainwright
  474 So. 2d 1162· Fla.· 1985-08-15 ·cited 174×
  The Florida Supreme Court granted habeas corpus relief and a new direct appeal for a capital defendant whose appellate counsel provided ineffective assistance by failing to brief the critical issue of evidentiary sufficiency for premeditation and by providing an inadequate brief
• Anderson v. State
  627 So. 2d 1170· Fla.· 1993-10-28 ·cited 172×
  Richard Harold Anderson, sentenced to death, appealed the trial court's summary denial of his Rule 3.850 motion for collateral relief. The Florida Supreme Court affirmed in part and reversed in part, holding that while the oath requirement was properly applied, the trial court er
• Roberts v. State
  568 So. 2d 1255· Fla.· 1990-09-06 ·cited 171×
  Rickey Bernard Roberts, a death row inmate convicted of first-degree murder, armed sexual battery, and armed kidnapping, sought postconviction relief under Florida Rule of Criminal Procedure 3.850 and a writ of habeas corpus challenging his conviction and death sentence. The Flor
• Valle v. State
  705 So. 2d 1331· Fla.· 1997-12-11 ·cited 150×
  Manuel Valle, a death row inmate, appealed the trial court's summary denial of his Rule 3.850 postconviction motion raising twenty claims of ineffective assistance of counsel. The Florida Supreme Court reversed in part and remanded for an evidentiary hearing on two ineffective as
• Crosley A. Green v. State
  975 So. 2d 1090· Fla.· 2008-01-31 ·cited 142×
  Crosley Green appealed his first-degree murder conviction and death sentence, raising numerous claims including Brady violations, newly discovered evidence, and ineffective assistance of counsel. The Florida Supreme Court affirmed the conviction but granted a new penalty phase be
• Schoenwetter v. State
  46 So. 3d 535· Fla.· 2010-07-01 ·cited 139×
  Randy Schoenwetter, convicted of murdering two members of a family he knew and attempting to murder a third, challenges his death sentence through postconviction relief and habeas corpus, arguing ineffective assistance of counsel during pretrial and penalty phases, constitutional
• Franqui v. State
  59 So. 3d 82· Fla.· 2011-01-06 ·cited 128×
  Leonardo Franqui appeals the denial of his Rule 3.850 postconviction motion challenging his 1997 conviction for first-degree murder and death sentence. The Florida Supreme Court affirms the denial of all postconviction claims, including those challenging Florida's definition of m
• Bradley v. State
  33 So. 3d 664· Fla.· 2010-01-07 ·cited 123×
  Donald Bradley appeals the denial of his Rule 3.851 motion for postconviction relief and petitions for habeas corpus after being convicted of first-degree murder and sentenced to death for a 1995 murder-for-hire. The Florida Supreme Court affirms the denial of his postconviction
• 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.
• Combs v. State
  525 So. 2d 853· Fla.· 1988-02-18 ·cited 117×
  The Florida Supreme Court granted Robert Combs a new sentencing proceeding before a new jury based on Hitchcock v. Dugger's requirement that sentencers consider all relevant non-statutory mitigating evidence. The court rejected Combs' Caldwell argument that the jury instruction c
• Hardwick v. Dugger
  648 So. 2d 100· Fla.· 1994-09-08 ·cited 107×
  John Gary Hardwick, Jr., a death row inmate, appealed the trial court's denial of his Rule 3.850 motion for postconviction relief and filed a habeas corpus petition. The Florida Supreme Court affirmed the trial court's denial, finding most claims procedurally barred and rejecting
• Hitchcock v. State
  991 So. 2d 337· Fla.· 2008-05-22 ·cited 100×
  James Hitchcock was convicted and sentenced to death for the 1976 murder of his brother's 13-year-old stepdaughter. The Florida Supreme Court affirmed the denial of his Rule 3.850 motion for postconviction relief and habeas petition, rejecting claims of ineffective assistance of
• Israel v. State
  985 So. 2d 510· Fla.· 2008-03-20 ·cited 98×
  Connie Ray Israel appeals the denial of his motion for postconviction relief and petitions for habeas corpus in a capital murder case. The Florida Supreme Court affirmed the denial of all relief, rejecting claims of ineffective assistance of counsel, constitutional defects in Flo
• Dolan Darling v. State
  966 So. 2d 366· Fla.· 2007-07-12 ·cited 97×
  Dolan Darling, convicted of first-degree murder and sentenced to death, sought postconviction relief under Florida Rule of Criminal Procedure 3.851 and filed a habeas petition. The Florida Supreme Court affirmed the denial of his motion to vacate and rejected his habeas claims, h
• McGEE v. United States
  462 F.2d 243· 2d Cir.· 1972-04-18 ·cited 94×
  The court held that a trial judge must provide an explanation for refusing to reduce sentences on valid counts when a conviction on a related, more serious count has been invalidated.
• Johnston v. State
  63 So. 3d 730· Fla.· 2011-03-24 ·cited 88×
  Ray Lamar Johnston appeals the denial of his Rule 3.851 postconviction motion and habeas petition challenging his 1997 death sentence for the murder, kidnapping, robbery, sexual battery, and burglary of Leanne Coryell. The Florida Supreme Court affirmed the trial court's denial o
• Walton v. State
  77 So. 3d 639· Fla.· 2011-12-01 ·cited 83×
  Jason Dirk Walton, sentenced to death for three counts of first-degree murder, filed a second successive postconviction motion under Florida Rule of Criminal Procedure 3.851, arguing that the U.S. Supreme Court's decision in Porter v. McCollum established a fundamental change in
• Ferrell v. State
  29 So. 3d 959· Fla.· 2010-01-14 ·cited 82×
  Ronnie Ferrell appealed the trial court's denial of his Rule 3.850 postconviction motion regarding guilt-phase ineffective assistance of counsel claims while the State cross-appealed the granting of a new penalty phase. The Florida Supreme Court affirmed the denial of guilt-phase
• Rogers v. State
  957 So. 2d 538· Fla.· 2007-01-18 ·cited 79×
  Glen Edward Rogers was convicted of first-degree murder and sentenced to death for the 1995 murder of Tina Marie Cribbs. This appeal challenges the trial court's denial of his motion to vacate his conviction and sentence, and his petition for writ of habeas corpus, raising claims
• Cross v. United States
  893 F.2d 1287· 11th Cir.· 1990-02-07 ·cited 78×
  The court held that a defendant does not have a constitutional right to act as co-counsel, and therefore, the failure to raise this issue on direct appeal was not prejudicial.
• Haliburton v. Singletary
  691 So. 2d 466· Fla.· 1997-01-09 ·cited 76×
  Jerry Leon Haliburton, convicted of first-degree murder and sentenced to death, challenged his conviction through a Rule 3.850 post-conviction motion and habeas corpus petition, raising claims of Brady violations, ineffective assistance of counsel, prosecutorial misconduct, and i
• Doorbal v. State
  983 So. 2d 464· Fla.· 2008-02-14 ·cited 74×
  Noel Doorbal appeals the denial of his rule 3.851 motion to vacate convictions for two counts of first-degree murder and death sentences, and petitions for habeas corpus. The Florida Supreme Court affirmed the trial court's denial of postconviction relief, finding procedural defe
• Anderson v. State
  18 So. 3d 501· Fla.· 2009-07-09 ·cited 72×
  Fred Anderson appeals the circuit court's denial of his rule 3.851 motion for postconviction relief and petitions for habeas corpus following his 1999 conviction and death sentence for murdering bank employee Heather Young during a robbery. The Florida Supreme Court affirmed the
• Owen v. State
  986 So. 2d 534· Fla.· 2008-05-08 ·cited 72×
  Duane Eugene Owen appeals a circuit court's denial of his Rule 3.851 motion for postconviction relief in a capital murder case, arguing ineffective assistance of trial and appellate counsel. The Florida Supreme Court affirmed the denial, finding that Owen failed to establish eith
• Terance Valentine v. State
  98 So. 3d 44· Fla.· 2012-05-17 ·cited 71×
  Terance Valentine appeals the denial of his Rule 3.850 motion to vacate his first-degree murder conviction and death sentence for killing Ferdinand Porche in 1988, and petitions for habeas corpus relief. The Florida Supreme Court affirms the trial court's denial of all postconvic
• Kennedy v. United States
  259 F.2d 883· 5th Cir.· 1958-10-24 ·cited 70×
  The court held that a defendant is bound by the actions of his counsel in entering a plea, even if entered under less than ideal circumstances, provided counsel was competent and the defendant acquiesced.
• Everett v. State
  54 So. 3d 464· Fla.· 2010-10-14 ·cited 68×
  Paul Everett appeals the denial of his motion for postconviction relief and habeas corpus petition in a death penalty case for the 2001 murder, sexual battery, and burglary of Kelly M. Bailey. The Florida Supreme Court affirmed the conviction and death sentence, rejecting all cla
• United States v. Bradford
  194 F.2d 197· 2d Cir.· 1952-01-24 ·cited 66×
• Walton v. State
  3 So. 3d 1000· Fla.· 2009-01-29 ·cited 64×
  Jason Walton, a death row inmate convicted of three first-degree murders, appealed the circuit court's summary denial of his successive Rule 3.851 motion for postconviction relief. The Florida Supreme Court affirmed, rejecting claims involving prosecutorial inconsistency, Brady/G
• Parker v. State
  3 So. 3d 974· Fla.· 2009-01-22 ·cited 64×
  Parker was convicted of first-degree murder and sentenced to death for a 1989 Pizza Hut robbery. On postconviction appeal, the Florida Supreme Court affirmed the denial of ineffective assistance claims regarding guilt-phase bullet evidence and evidentiary hearing fairness, but re
• Lowe v. State
  2 So. 3d 21· Fla.· 2008-11-06 ·cited 63×
  The Florida Supreme Court affirmed the trial court's denial of relief on most postconviction claims filed by Rodney Lowe, a death row inmate convicted of first-degree murder, but reversed in part by ordering a new penalty phase based on newly discovered evidence and ineffective a
• Sampson Armstrong v. State
  429 So. 2d 287· Fla.· 1983-01-20 ·cited 63×
  Sampson Armstrong, a death row inmate, challenged his murder convictions and death sentence through a Rule 3.850 motion and habeas corpus petition, arguing trial and appellate counsel were ineffective and raising various trial errors. The Florida Supreme Court affirmed the denial
• Toney Deron Davis v. State
  136 So. 3d 1169· Fla.· 2014-04-10 ·cited 61×
  Toney Deron Davis appeals the denial of his motion to vacate his 1995 convictions for first-degree felony murder, aggravated child abuse, and sexual battery in the death of a two-year-old, and his death sentence. The Florida Supreme Court affirmed, rejecting Brady/Giglio violatio
• Chavez v. State
  12 So. 3d 199· Fla.· 2009-06-25 ·cited 61×
  Juan Carlos Chavez, convicted of first-degree murder, kidnapping, and sexual battery of a nine-year-old boy and sentenced to death, appealed the denial of his motion to vacate judgment and filed a habeas petition alleging ineffective assistance of counsel. The Florida Supreme Cou
• Floyd v. State
  18 So. 3d 432· Fla.· 2009-06-04 ·cited 61×
  Maurice Lamar Floyd appeals denial of his Rule 3.851 post-conviction motion and petitions for habeas corpus following his conviction for first-degree murder and death sentence in the killing of his mother-in-law, Mary Goss. The Florida Supreme Court affirmed the denial of all pos
• Kight v. Dugger
  574 So. 2d 1066· Fla.· 1990-11-29 ·cited 61×
  Charles Michael Kight, a death row inmate, appealed the trial court's denial of his Rule 3.850 motion to vacate conviction and sentence and filed a habeas corpus petition, raising various claims of ineffective assistance of counsel, constitutional violations in jury instructions,
• Labrant D. Dennis v. State
  109 So. 3d 680· Fla.· 2012-12-20 ·cited 60×
  Labrant Dennis was convicted of two counts of first-degree murder and sentenced to death for beating two University of Miami football players to death with a sawed-off shotgun in 1996. The Florida Supreme Court affirmed the denial of his Rule 3.851 postconviction motion and habea
• Troy v. State
  57 So. 3d 828· Fla.· 2011-01-06 ·cited 60×
  John Troy appeals a circuit court's summary denial of his rule 3.851 initial postconviction motion challenging his 2001 death sentence for the first-degree murder of Bonnie Carroll in Sarasota, Florida. The Florida Supreme Court affirmed the denial, rejecting most of Troy's claim
• Gonzalez v. State
  990 So. 2d 1017· Fla.· 2008-07-03 ·cited 60×
  Ricardo Gonzalez appeals the denial of his Rule 3.851 postconviction motion challenging his first-degree murder conviction and death sentence for the killing of a police officer during a 1992 bank robbery. The Florida Supreme Court affirmed the circuit court's denial of all claim
• Bell v. State
  965 So. 2d 48· Fla.· 2007-06-07 ·cited 60×
  Michael Bell was convicted of two counts of first-degree murder and sentenced to death. Bell appealed the circuit court's denial of his Rule 3.850 postconviction motion claiming ineffective assistance of trial counsel and filed a petition for writ of habeas corpus. The Florida Su
• Zeigler v. State
  452 So. 2d 537· Fla.· 1984-06-21 ·cited 60×
  The court affirmed the denial of a motion to vacate conviction and sentence, without an evidentiary hearing, finding that none of the nineteen grounds asserted by the defendant warranted relief.
• COX v. State
  966 So. 2d 337· Fla.· 2007-07-05 ·cited 59×
  Allen Cox appeals the denial of his motion to vacate his death sentence for the first-degree murder of fellow inmate Thomas Baker Jr., raising numerous claims of ineffective assistance of counsel and challenging the trial and penalty phases. The Florida Supreme Court upheld the c
• Clement Lemmon Edwards v. State
  393 So. 2d 597· Fla. 3d DCA· 1981-01-21 ·cited 59×
  Defense counsel has a duty to advise a non-citizen client of the collateral consequence of deportation before a guilty plea is entered, and failure to provide such advice may constitute ineffective assistance of counsel warranting vacation of the conviction, even though trial cou
• Brown v. United States
  942 F.3d 1069· 11th Cir.· 2019-11-12 ·cited 58×
  The court held that a conviction under 18 U.S.C. § 924(c)(1)(A) predicated solely on conspiracy to commit Hobbs Act robbery cannot stand after Davis v. United States invalidated the statute's residual clause.
• Preston v. State
  970 So. 2d 789· Fla.· 2007-05-31 ·cited 58×
  Preston appeals a trial court's denial of his Rule 3.850 motion for postconviction relief and petition for habeas corpus in his first-degree murder conviction and death sentence from 1978. The Florida Supreme Court affirms the denial of all postconviction claims, finding that new
• Micah Louis Nelson v. State
  43 So. 3d 20· Fla.· 2010-04-29 ·cited 57×
  Micah Nelson appeals the denial of his Rule 3.851 postconviction motion and petitions for habeas corpus in his capital murder case. The Florida Supreme Court affirmed the postconviction court's rejection of his ineffective assistance of counsel claims and denied his habeas petiti
• Seburt Nelson Connor v. State
  979 So. 2d 852· Fla.· 2007-11-15 ·cited 57×
  Seburt Nelson Connor appeals the circuit court's denial of his Rule 3.851 post-conviction motion and petitions for a writ of habeas corpus following his conviction for two counts of first-degree murder and sentences of life imprisonment and death. The Florida Supreme Court affirm
• Kent v. United States
  272 F.2d 795· 1st Cir.· 1959-12-28 ·cited 56×
  The court held that the district court erred in resolving factual issues without allowing the petitioner to testify, but affirmed the denial of the motion because the petitioner's allegations, even if true, did not legally invalidate his guilty plea.
• 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