Motion To Vacate Conviction

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

• United States & Preston Smith v. Marchese
  341 F.2d 782· 9th Cir.· 1965-02-10 ·cited 49×
  The district court exceeded its authority under 28 U.S.C. § 2255 by modifying sentences and considering good time credits, as these actions were not authorized by the statute and encroached on executive functions.
• Jenkins v. United States
  420 F.2d 433· 10th Cir.· 1970-01-02 ·cited 48×
  The court held that the record did not conclusively show compliance with Rule 11 regarding the defendant's understanding of the consequences of his guilty plea, specifically the ineligibility for probation or parole.
• Commonwealth OF Pa. ex rel. George W. Craig v. Maroney
  348 F.2d 22· 3d Cir.· 1965-06-30 ·cited 48×
  The court held that the petitioner's confession was admissible, as it was not tainted by an alleged illegal arrest and was made voluntarily despite the circumstances. The court also held that evidence obtained from a warrantless search was inadmissible under Mapp v. Ohio, but Map
• Barnhill v. State
  971 So. 2d 106· Fla.· 2007-10-25 ·cited 47×
  Arthur Barnhill III, convicted of first-degree murder and sentenced to death, appealed the denial of his Rule 3.851 motion for postconviction relief and filed a habeas corpus petition. The Florida Supreme Court affirmed the trial court's denial of relief, finding no ineffective a
• Williamson v. State
  994 So. 2d 1000· Fla.· 2008-10-08 ·cited 46×
  Dana Williamson, a death row inmate, appealed the summary denial of his Rule 3.850 postconviction motion and filed a habeas petition challenging his conviction for first-degree murder and death sentence. The Florida Supreme Court affirmed most claims but reversed and remanded cla
• Eutzy v. State
  541 So. 2d 1143· Fla.· 1989-03-28 ·cited 46×
  William Eutzy, a death row inmate, appealed the trial court's denial of his second Rule 3.850 motion to vacate his conviction and death sentence for first-degree murder. The Florida Supreme Court affirmed the denial, holding that all claims were procedurally barred either because
• United States v. Curtis
  742 F.2d 1070· 7th Cir.· 1984-08-28 ·cited 46×
  A defendant's constitutional right to testify truthfully in his own behalf cannot be waived by counsel as a matter of trial strategy, but a defendant has no right to testify perjuriously.
• Anton Krawczuk v. State
  92 So. 3d 195· Fla.· 2012-04-12 ·cited 45×
  Anton Krawczuk appeals the denial of his motion to vacate his conviction and death sentence for first-degree murder, raising claims of ineffective assistance of counsel, judicial bias, prosecutorial misconduct, and insufficient mitigation investigation. The Florida Supreme Court
• State v. Gunsby
  670 So. 2d 920· Fla.· 1996-01-11 ·cited 44×
  The Florida Supreme Court reversed a trial court's denial of a defendant's motion to vacate his first-degree murder conviction, finding that the cumulative effect of prosecutorial Brady violations, ineffective assistance of counsel, and newly discovered evidence undermined confid
• Nova v. State
  439 So. 2d 255· Fla. 3d DCA· 1983-09-13 ·cited 44×
  Nova sought collateral relief from his 1976 first-degree murder conviction, claiming he waived his constitutional right to a twelve-person jury in reliance on the State's promise that his maximum sentence would be twenty years, but received a mandatory life sentence with a 25-yea
• Gravitt v. United States
  523 F.2d 1211· 5th Cir.· 1975-11-21 ·cited 44×
  The court held that the district court erred in denying the motion to vacate without a hearing on the speedy trial claim and that the appellant was denied effective assistance of counsel due to a conflict of interest.
• Dugan v. United States
  521 F.2d 231· 5th Cir.· 1975-10-17 ·cited 44×
  The court held that the district court erred in denying an evidentiary hearing on the petitioners' motion to vacate their convictions based on an unkept plea bargain, especially after new evidence was presented.
• Diaz v. State
  132 So. 3d 93· Fla.· 2013-11-21 ·cited 43×
  Joel Diaz appeals the denial of his motion to vacate his death sentence for first-degree murder and his motion claiming ineligibility for execution due to mental retardation. The Florida Supreme Court affirmed the postconviction court's rejection of multiple claims of juror misco
• Reynolds v. State
  99 So. 3d 459· Fla.· 2012-09-27 ·cited 43×
  Michael Gordon Reynolds appeals denial of his motion to vacate convictions for first-degree murder of Robin and Christina Razor and sentences of death, and petitions for writ of habeas corpus. The Florida Supreme Court affirms the denial of postconviction relief, rejecting his cl
• Dieter Riechmann v. State
  966 So. 2d 298· Fla.· 2007-04-12 ·cited 43×
  Dieter Riechmann appeals the trial court's denial of his successive Rule 3.850 postconviction motion challenging his first-degree murder conviction and death sentence for killing Kersten Kischnick. The Florida Supreme Court affirmed the denial, finding most claims procedurally ba
• Derrick v. State
  983 So. 2d 443· Fla.· 2008-02-07 ·cited 42×
  Samuel Jason Derrick was convicted of first-degree murder and sentenced to death for the 1987 killing of Rama Sharma. In this postconviction proceeding, the Florida Supreme Court affirmed the denial of Derrick's rule 3.850 motion for postconviction relief and rejected his petitio
• Hall v. State
  420 So. 2d 872· Fla.· 1982-10-05 ·cited 42×
  Freddie Lee Hall appealed the denial of his motion to vacate his death sentence for first-degree murder and petitioned for a writ of habeas corpus. The Florida Supreme Court affirmed the trial court's denial and rejected Hall's claims of constitutional violations and ineffective
• Pagan v. State
  29 So. 3d 938· Fla.· 2009-10-01 ·cited 41×
  Alex Pagan appeals the trial court's denial of his motion to vacate death sentences for two first-degree murders committed in 1993, raising claims of Brady violations, ineffective assistance of counsel regarding mitigation evidence, and prosecutorial misconduct. The Florida Supre
• Belcher v. State
  961 So. 2d 239· Fla.· 2007-06-14 ·cited 41×
  James Belcher appeals the circuit court's denial of his postconviction motion for relief under Florida Rule of Criminal Procedure 3.851 and petitions for a writ of habeas corpus following his conviction for first-degree murder and death sentence. The Florida Supreme Court affirms
• Kopsho v. State
  209 So. 3d 568· Fla.· 2017-01-19 ·cited 40×
  William Kopsho appeals his death sentence in a first-degree murder case after the U.S. Supreme Court's decision in Hurst v. Florida invalidated Florida's capital sentencing scheme. The Florida Supreme Court vacates Kopsho's death sentence and remands for a new penalty phase, find
• Barwick v. State
  88 So. 3d 85· Fla.· 2011-06-30 ·cited 39×
  Darryl Barwick appeals the denial of his motion to vacate his death sentence for first-degree murder under Rule 3.851 and petitions for habeas corpus relief. The Florida Supreme Court affirms the circuit court's denial, rejecting claims of ineffective assistance of counsel, Brady
• Evans v. State
  995 So. 2d 933· Fla.· 2008-08-28 ·cited 39×
  Paul Evans was convicted of first-degree murder and sentenced to death for the 1991 murder of Alan Pfeiffer. On post-conviction appeal, Evans raised thirteen claims of ineffective assistance of counsel and other constitutional violations. The Florida Supreme Court affirmed the tr
• Marbel Mendoza v. State
  964 So. 2d 121· Fla.· 2007-05-24 ·cited 39×
  Marbel Mendoza appealed the denial of his Rule 3.850 motion challenging his first-degree murder conviction and death sentence, claiming ineffective assistance of trial counsel. The Florida Supreme Court reversed and remanded for a new evidentiary hearing because the circuit court
• Castle v. United States
  399 F.2d 642· 5th Cir.· 1968-08-12 ·cited 39×
  The court held that the imposition of a $10,000 fine upon resentencing, after the Supreme Court vacated a prior fifteen-year sentence for multiple offenses and remanded for resentencing on a single offense, did not violate the double-jeopardy clause or due process, as it was not
• Marbel Mendoza v. State
  87 So. 3d 644· Fla.· 2011-07-08 ·cited 37×
  Marbel Mendoza appealed the circuit court's denial of his rule 3.851 motion for postconviction relief following his 1994 conviction for first-degree felony murder and death sentence in the killing of Conrado Calderon. The Florida Supreme Court affirmed the denial, rejecting Mendo
• United States v. Rubin
  433 F.2d 442· 5th Cir.· 1970-10-30 ·cited 36×
  The court held that the appellant failed to demonstrate ineffective assistance of counsel or grounds for a new trial, and that the denial of motions for sentence reduction and disclosure of the presentence report was proper.
• Barber v. United States
  197 F.2d 815· 10th Cir.· 1952-06-11 ·cited 36×
  Evidence illegally seized from a defendant's home cannot be raised for the first time in a motion to vacate conviction under 28 U.S.C.A. § 2255.
• Griffin v. State
  114 So. 3d 890· Fla.· 2013-05-16 ·cited 34×
  Michael Joseph Griffin, convicted of two counts of first-degree murder and sentenced to death, appealed his conviction and sentence, raising claims of ineffective assistance of counsel regarding his guilty plea and penalty phase, Brady violations, and sentence disparity. The Flor
• United States v. Scardino
  414 F.2d 925· 5th Cir.· 1969-08-14 ·cited 34×
  The court held that a defendant whose sentence was suspended pending further order could not be imprisoned on a conviction based on statutes later declared unconstitutional, even if the conviction itself was final.
• Brant v. State
  197 So. 3d 1051· Fla.· 2016-06-30 ·cited 33×
  Charles Grover Brant appeals the denial of his motion for postconviction relief under Florida Rule of Criminal Procedure 3.851 and petitions for habeas corpus following his death sentence for the murder and sexual assault of Sara Radfar. The Florida Supreme Court affirms the deni
• Salazar v. State
  188 So. 3d 799· Fla.· 2016-02-18 ·cited 33×
  Neil Salazar was convicted of first-degree murder and sentenced to death for the 2000 killing of Evelyn Nutter during a home invasion and robbery. The Florida Supreme Court affirmed his conviction but remanded for a new penalty phase due to ineffective assistance of counsel for f
• Johnston v. State
  70 So. 3d 472· Fla.· 2011-04-28 ·cited 33×
  Ray Lamar Johnston appeals the trial court's denial of his motion for postconviction relief from his conviction and death sentence for first-degree murder. The Florida Supreme Court affirms the denial, rejecting Johnston's ineffective assistance of counsel claims and his habeas p
• Laughner v. United States
  373 F.2d 326· 5th Cir.· 1967-02-17 ·cited 32×
  A client waives the attorney-client privilege by alleging ineffective assistance of counsel, allowing the attorney to testify regarding relevant communications. Non-compliance with Rule 11 regarding guilty pleas is harmless if the defendant otherwise understood the charges.
• Foster v. State
  132 So. 3d 40· Fla.· 2013-10-17 ·cited 31×
  Kevin Don Foster appeals the denial of his Rule 3.850 postconviction motion challenging his death sentence for the 1996 first-degree murder of a high school band teacher in Fort Myers, Florida. The Florida Supreme Court affirmed the trial court's denial of relief, finding no meri
• Duest v. State
  12 So. 3d 734· Fla.· 2009-02-19 ·cited 31×
  Lloyd Duest was convicted of first-degree murder and sentenced to death for killing John Pope. On postconviction appeal, Duest challenged his conviction and sentence under Florida Rule of Criminal Procedure 3.851, raising Brady violations, claims of newly discovered evidence, and
• Mack v. Smith
  659 F.2d 23· 5th Cir.· 1981-10-09 ·cited 31×
  The court held that the district court erred in denying an evidentiary hearing on the defendant's claim of ineffective assistance of counsel regarding the timely filing of his appeal.
• Enoch D. Hall v. State
  212 So. 3d 1001· Fla.· 2017-02-09 ·cited 30×
  The Florida Supreme Court affirmed the postconviction court's denial of Hall's motion to vacate his first-degree murder conviction and death sentence, and denied his habeas petition. Hall was convicted of murdering Corrections Officer Donna Fitzgerald while imprisoned and claimed
• Victorino v. State
  127 So. 3d 478· Fla.· 2013-10-10 ·cited 30×
  Troy Victorino was convicted of six counts of first-degree murder and sentenced to death. On appeal of his postconviction relief motion, he challenged numerous aspects of his trial, including claims of ineffective assistance of counsel under Strickland v. Washington and a constit
• United States v. Bonansinga
  855 F.2d 476· 7th Cir.· 1988-08-25 ·cited 30×
  The court held that the defendant's conviction for mail fraud was lawful because the evidence demonstrated a scheme to defraud the public of tangible property, even if an intangible rights theory was also presented.
• Ivie Clay v. Dir., Juv. Div., Dep't OF Corr.
  749 F.2d 427· 7th Cir.· 1984-11-16 ·cited 30×
  The court held that a lawyer's decision not to appeal is not automatically ineffective assistance of counsel, especially when an appeal would be futile or incur significant costs.
• United States v. Jones
  614 F.2d 80· 5th Cir.· 1980-03-20 ·cited 30×
  The court held that a pro se petitioner's conclusory allegations, unsupported by factual evidence, are insufficient to warrant relief under 28 U.S.C. § 2255 or an evidentiary hearing.
• Meyers v. United States
  181 F.2d 802· D.C. Cir.· 1950-04-10 ·cited 30×
  The court held that a motion to vacate a conviction under 28 U.S.C. § 2255 and a petition for a writ of habeas corpus are not proper remedies for alleged errors of law occurring during a trial, unless the remedy under § 2255 is inadequate or ineffective.
• Long v. State
  118 So. 3d 798· Fla.· 2013-07-11 ·cited 29×
  Robert Long appeals the denial of his postconviction motion challenging his death sentence for the murder of Michelle Simms. The Florida Supreme Court affirmed the lower court's denial, rejecting Long's claims of ineffective assistance of counsel regarding his guilty pleas and al
• White v. State
  964 So. 2d 1278· Fla.· 2007-07-12 ·cited 29×
  William Melvin White, convicted of first-degree murder and sentenced to death in 1978 for the murder of Gracie Mae Crawford, appeals the circuit court's denial of his Rule 3.851 motion for post-conviction relief. The Florida Supreme Court affirms the denial, rejecting White's cla
• Barnes v. State
  124 So. 3d 904· Fla.· 2013-06-27 ·cited 28×
  James Phillip Barnes, sentenced to death for a 1988 murder, appealed the denial of his initial Rule 3.851 motion for postconviction relief. Barnes claimed the trial court should have sua sponte ordered a competency evaluation before allowing him to plead guilty, despite his discl
• Hutchinson v. State
  17 So. 3d 696· Fla.· 2009-07-09 ·cited 28×
  Jeffrey Hutchinson appeals the denial of his Rule 3.851 postconviction motion challenging his conviction for four counts of first-degree murder and three death sentences in the shooting deaths of his live-in girlfriend and her three children. The Florida Supreme Court affirms the
• Kearse v. State
  969 So. 2d 976· Fla.· 2007-08-30 ·cited 28×
  Billy Leon Kearse, convicted of first-degree murder of Fort Pierce police officer Danny Parrish and sentenced to death, appealed and petitioned for habeas corpus relief on claims of ineffective assistance of counsel, newly discovered evidence, public records violations, and const
• Adams v. State
  456 So. 2d 888· Fla.· 1984-09-11 ·cited 28×
  A defendant's claims of ineffective assistance of counsel at trial and on appeal must fail where the defendant cannot demonstrate that counsel's performance was substantially deficient and that such deficiency prejudiced the defense under the Strickland v. Washington standard. Is
• Thompson v. State
  176 So. 2d 564· Fla. 3d DCA· 1965-05-25 ·cited 28×
  Herbert Thompson appeals the denial of his motion to vacate a guilty plea conviction for first-degree murder, claiming his confession was coerced through illegal interrogation, physical force, and threats. The Florida appellate court reverses and remands for a hearing on whether
• McGANN v. United States
  261 F.2d 956· 4th Cir.· 1958-12-13 ·cited 28×
  The court held that a single act can be punished under two different statutes if each statute requires proof of a fact not essential to the other, and that the appellant's two indictments met this standard.