Motion To Vacate Conviction

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

• Nelson v. State
  73 So. 3d 77· Fla.· 2011-07-07 ·cited 26×
  Joshua Nelson appeals denial of his Rule 3.850 postconviction motion challenging his death sentence for first-degree murder committed in 1995. The Florida Supreme Court affirmed the trial court's denial, holding that trial counsel was not ineffective and that the codefendant's su
• Rodriguez v. State
  39 So. 3d 275· Fla.· 2010-05-06 ·cited 26×
  Manuel Antonio Rodriguez was convicted of three first-degree murders and sentenced to death. On appeal, he challenged the conviction and sentence through postconviction motions and a habeas petition, raising numerous claims of ineffective assistance of counsel, Brady violations (
• Jacobs v. United States
  350 F.2d 571· 4th Cir.· 1965-08-26 ·cited 26×
  The court held that the district court erred in denying the motion for relief without granting the request for an independent psychiatric examination at government expense.
• Beadles v. State
  162 So. 2d 4· Fla. 2d DCA· 1964-03-13 ·cited 26×
  Beadles, convicted of robbery in 1958, sought to vacate his conviction based on alleged denial of counsel, which was summarily denied. The appellate court reversed because the trial court made factual findings regarding counsel waiver without holding a hearing or creating a recor
• United States v. Steese
  144 F.2d 439· 3d Cir.· 1944-08-25 ·cited 26×
  The court held that a motion to vacate a conviction, even if filed years later, can be treated as a writ of error coram nobis to address alleged violations of constitutional rights, particularly the right to counsel.
• Taylor v. State
  3 So. 3d 986· Fla.· 2009-01-29 ·cited 25×
  Perry Alexander Taylor appeals the trial court's denial of his postconviction motion to vacate his first-degree murder conviction and death sentence under Florida Rule of Criminal Procedure 3.851, and petitions for writ of habeas corpus. The Florida Supreme Court affirms the deni
• Evans v. State
  975 So. 2d 1035· Fla.· 2007-11-15 ·cited 25×
  Steven Maurice Evans appeals the denial of his Rule 3.851 postconviction motion and petitions for a writ of habeas corpus in a first-degree murder and kidnapping case. The Florida Supreme Court affirmed the trial court's denial of postconviction relief and denied the habeas petit
• Grant v. Alldredge
  498 F.2d 376· 2d Cir.· 1974-06-10 ·cited 25×
  The court held that the government's failure to disclose exculpatory evidence, specifically that a witness identified another suspect, John Walsh, as the robber, constituted a Brady violation requiring a new trial.
• Jackson v. State
  127 So. 3d 447· Fla.· 2013-09-19 ·cited 24×
  Michael Jackson seeks postconviction relief and habeas corpus review after conviction for first-degree murder, robbery, and kidnapping of an elderly couple in 2005. The Florida Supreme Court affirms the denial of relief, holding that Jackson failed to demonstrate ineffective assi
• Smithers v. State
  18 So. 3d 460· Fla.· 2009-07-09 ·cited 24×
  Samuel Smithers was convicted of two first-degree murders and sentenced to death. On postconviction relief and habeas appeal, Smithers challenged his convictions and sentences on grounds of ineffective assistance of counsel. The Florida Supreme Court affirmed the denial of postco
• United States v. Myers
  892 F.2d 642· 7th Cir.· 1990-01-04 ·cited 24×
  The court held that the defendant may be entitled to a new trial due to ineffective assistance of counsel, specifically concerning the handling of a codefendant's statement and an eyewitness identification. The conviction was vacated and remanded for an evidentiary hearing.
• Saddler v. United States
  531 F.2d 83· 2d Cir.· 1976-02-20 ·cited 24×
  The court held that the district court erred in denying an evidentiary hearing on the defendant's competency to plead guilty and to be sentenced, given the evidence of mental illness and incoherence presented at sentencing.
• Lloyd v. United States
  247 F.2d 522· D.C. Cir.· 1957-03-28 ·cited 24×
  The court held that the district court erred in denying a hearing on a motion to vacate conviction, as the allegations regarding competency and effective assistance of counsel warranted a hearing.
• Hayward v. State
  183 So. 3d 286· Fla.· 2015-06-25 ·cited 23×
  Steven Douglas Hayward appeals the denial of his Florida Rule of Criminal Procedure 3.851 postconviction motion seeking to vacate his first-degree murder conviction and death sentence. He also petitions for a writ of habeas corpus alleging ineffective assistance of appellate coun
• Geralds v. State
  111 So. 3d 778· Fla.· 2010-09-16 ·cited 23×
  Mark Allen Geralds appeals the denial of his Rule 3.851 postconviction motion and petitions for habeas corpus in a capital murder case. The Florida Supreme Court affirms the trial court's denial of relief, rejecting Geralds' Brady/Giglio claims, ineffective assistance of counsel
• State v. Freijo
  987 So. 2d 190· Fla. 3d DCA· 2008-07-23 ·cited 23×
  The Florida District Court of Appeal reversed the circuit court's decision granting Jose Antonio Freijo's motion to vacate his 1995 plea conviction based on failure to warn of immigration consequences. The court held that the Florida Supreme Court's decision in State v. Green did
• Gov't of the Virgin Islands v. Forte
  865 F.2d 59· 3d Cir.· 1989-01-06 ·cited 23×
  The court held that the trial court abused its discretion by denying an evidentiary hearing on a motion to vacate conviction based on ineffective assistance of counsel for failing to object to jury selection practices.
• Taylor v. State
  120 So. 3d 540· Fla.· 2013-05-30 ·cited 22×
  John Calvin Taylor II was convicted of first-degree murder and robbery with a deadly weapon in the 1997 killing of Shannon Holzer. The Florida Supreme Court affirmed denial of his Rule 3.851 postconviction motion and habeas petition challenging his death sentence on various groun
• Simmons v. State
  104 So. 3d 1185· Fla. 1st DCA· 2012-12-05 ·cited 22×
  Samuel Simmons appealed the denial of his Rule 3.850 motion to vacate his conviction, arguing that Lafler v. Cooper and Missouri v. Frye established new fundamental constitutional rights that should apply retroactively to his case. The court held that these cases merely refine ex
• Dailey v. State
  965 So. 2d 38· Fla.· 2007-05-31 ·cited 22×
  James Dailey appeals the trial court's denial of his postconviction motion for relief and petitions for habeas corpus after being convicted of first-degree murder and sentenced to death for the 1985 killing of fourteen-year-old Shelley Boggio. The Florida Supreme Court affirms th
• Dillbeck v. State
  964 So. 2d 95· Fla.· 2007-05-10 ·cited 22×
  Dillbeck appealed the trial court's denial of his motion to vacate his first-degree murder conviction and death sentence, raising four ineffective assistance of counsel claims under Strickland v. Washington. The Florida Supreme Court affirmed the denial, finding that trial counse
• Hildwin v. State
  951 So. 2d 784· Fla.· 2006-12-14 ·cited 22×
  Paul Hildwin appeals the denial of a motion to vacate his first-degree murder conviction and death sentence based on newly discovered DNA evidence excluding him as the source of bodily fluids found at the crime scene. The Florida Supreme Court affirmed the trial court's denial, h
• Powers v. United States
  446 F.2d 22· 5th Cir.· 1971-06-24 ·cited 22×
  The court held that a petitioner is entitled to an evidentiary hearing on a motion to vacate a sentence if their allegations, if proven, would entitle them to relief.
• Williams v. State
  987 So. 2d 1· Fla.· 2008-01-10 ·cited 21×
  Ronald Lee Williams challenges his death sentence for first-degree murder arising from a drug-trafficking operation. The Florida Supreme Court affirmed the denial of postconviction relief regarding guilt-phase claims but reversed the denial of Williams' ineffective assistance of
• Tiemens v. United States
  724 F.2d 928· 11th Cir.· 1984-02-09 ·cited 21×
  A guilty plea waives independent claims of constitutional violations that occurred prior to the plea, and counsel is not ineffective for failing to raise meritless claims.
• Pierson v. State
  214 So. 2d 17· Fla. 1st DCA· 1968-08-13 ·cited 21×
  Pierson appeals the denial of a motion to vacate his conviction under Criminal Rule 1, raising claims of arrest without warrant, suppression of polygraph evidence, denial of preliminary hearing, and inadequate counsel representation. The court affirmed the denial, holding that wh
• Taylor v. State
  260 So. 3d 151· Fla.· 2018-12-20 ·cited 20×
  Steven Richard Taylor seeks relief from his 1993 first-degree murder conviction and death sentence based on two successive postconviction motions alleging newly discovered evidence. The Florida Supreme Court affirmed the denial of both claims, concluding that the newly discovered
• McKENZIE v. State
  153 So. 3d 867· Fla.· 2014-04-17 ·cited 20×
  Norman Blake McKenzie appeals the summary denial of his Rule 3.851 postconviction motion challenging his death sentences for two first-degree murders. McKenzie, who represented himself during trial after a knowing and voluntary waiver of counsel, claims ineffective assistance of
• Krilich v. United States
  502 F.2d 680· 7th Cir.· 1974-08-30 ·cited 20×
  The court held that the new rule established in United States v. Cleveland should be applied prospectively only, and therefore affirmed the denial of the petitioner's motion to vacate his conviction.
• Peterson v. State
  221 So. 3d 571· Fla.· 2017-07-06 ·cited 19×
  Robert Earl Peterson, convicted of first-degree murder and sentenced to death based on a 7-5 jury recommendation, appeals the denial of his motion to vacate conviction and sentence. The Florida Supreme Court affirmed the denial of postconviction relief on guilt-phase ineffective
• Peterson v. State
  154 So. 3d 275· Fla.· 2014-06-26 ·cited 19×
  Charles Peterson appeals the denial of his postconviction motion for relief challenging his first-degree murder conviction and death sentence for the 1997 murder of John Cardoso during a robbery. The Florida Supreme Court affirmed the circuit court's denial, finding that Peterson
• Spann v. State
  985 So. 2d 1059· Fla.· 2008-07-03 ·cited 19×
  Anthony Spann was convicted of first-degree murder and sentenced to death in the 1997 killing of Kazue Perron during a carjacking. On appeal from the denial of a Rule 3.851 postconviction motion, the Florida Supreme Court affirmed the trial court's rejection of Spann's ineffectiv
• Franqui v. State
  965 So. 2d 22· Fla.· 2007-05-03 ·cited 19×
  Leonardo Franqui appeals the circuit court's denial of his Rule 3.851 postconviction motion challenging his conviction and death sentence for first-degree murder during a bank robbery. The Florida Supreme Court affirms the denial of postconviction relief and Franqui's petition fo
• United States ex rel. Joseph Marzeno v. Gengler
  574 F.2d 730· 3d Cir.· 1978-02-27 ·cited 19×
  The court held that the undisclosed information was not material under the Agurs standard, and therefore affirmed the denial of the defendant's motion to vacate his conviction.
• Wade v. State
  156 So. 3d 1004· Fla.· 2014-12-11 ·cited 18×
  Alan Wade appeals the denial of his motion for postconviction relief under Florida Rule of Criminal Procedure 3.851, claiming ineffective assistance of counsel during the guilt phase, penalty phase, and jury selection. Wade was convicted of two counts of first-degree murder and s
• Shellito v. State
  121 So. 3d 445· Fla.· 2013-07-03 ·cited 18×
  Michael Wayne Shellito was convicted of first-degree murder and sentenced to death. On appeal, the Florida Supreme Court affirmed his conviction but reversed and remanded for a new penalty phase, finding his trial counsel was ineffective for failing to adequately investigate and
• Grover Reed v. State
  116 So. 3d 260· Fla.· 2013-02-28 ·cited 18×
  Grover Reed, a death row inmate convicted of first-degree murder, appealed the denial of his successive postconviction motion seeking to vacate his conviction and death sentence based on newly discovered evidence, Brady violations, Porter claims, and lethal injection protocol cha
• Clark v. State
  690 So. 2d 1280· Fla.· 1997-03-27 ·cited 18×
  Larry Clark challenges his 1981 first-degree murder conviction and death sentence in a Rule 3.850 postconviction relief appeal. The Florida Supreme Court affirms the conviction and guilt-phase denial but reverses the death sentence, finding that Clark's trial counsel provided ine
• Woodley v. State
  673 So. 2d 127· Fla. 3d DCA· 1996-05-08 ·cited 18×
  Diana Woodley was convicted of attempted first-degree felony murder along with armed robbery and armed burglary. After the Florida Supreme Court held in State v. Gray that attempted felony murder is not a crime in Florida, Woodley sought to vacate her conviction. The Third Distri
• United States v. Miller
  907 F.2d 994· 10th Cir.· 1990-07-05 ·cited 18×
  The court affirmed both the conviction for making false statements and the denial of the motion to vacate the conviction based on ineffective assistance of counsel.
• United States v. V.J. George
  869 F.2d 333· 7th Cir.· 1989-02-15 ·cited 18×
  The court held that failure to inform a defendant of the collateral immigration consequences of a guilty plea, when advice was given before sentencing, does not constitute ineffective assistance of counsel under the Sixth Amendment.
• United States v. Hester
  489 F.2d 48· 8th Cir.· 1973-12-17 ·cited 18×
  The court held that the district court did not err in denying the motion to vacate the conviction without a hearing, as the claims were not supported by the record or were matters of trial tactics.
• Yanks v. State
  273 So. 2d 401· Fla. 3d DCA· 1973-02-27 ·cited 18×
  Gerald Yanks appealed the denial of his motion to vacate a conviction for receiving stolen goods, arguing that the jury venire was improperly constituted under State v. Silva. The court affirmed the denial, holding that Yanks could not use a collateral attack motion to raise jury
• Montgomery v. United States
  469 F.2d 148· 5th Cir.· 1972-10-31 ·cited 18×
  The court held that a district court must conduct an evidentiary hearing when a motion to vacate a conviction raises a bona fide controversy of fact, and cannot rely solely on affidavits.
• Grennett v. United States
  403 F.2d 928· D.C. Cir.· 1968-05-20 ·cited 18×
  The court held that evidence of narcotics use alone is insufficient to prove incompetence to enter a guilty plea, and the trial court did not err by failing to sua sponte order a competency hearing without sufficient indication of the defendant's current impairment.
• DEL Piano v. United States
  362 F.2d 931· 3d Cir.· 1966-05-17 ·cited 18×
  The court held that a hearing must be granted when a motion to vacate a conviction raises a factual issue that cannot be resolved solely from the motion and case records.
• United States v. Parrino
  203 F.2d 284· 2d Cir.· 1953-04-02 ·cited 18×
  The court held that a motion to withdraw a guilty plea under Rule 32(d) requires a showing of manifest injustice, which was not demonstrated here, and that the Statute of Limitations defense was waived by the guilty plea.
• Anderson v. State
  220 So. 3d 1133· Fla.· 2017-03-09 ·cited 17×
  Charles Anderson challenges his 1999 conviction for first-degree murder and death sentence in a capital case. The Florida Supreme Court affirms the conviction but vacates the death sentence based on Hurst v. Florida, requiring a new penalty phase with a unanimous jury recommendat
• State v. Bright
  200 So. 3d 710· Fla.· 2016-06-16 ·cited 17×
  The Florida Supreme Court affirmed a postconviction court's grant of a new penalty phase trial for Raymond Bright, who was convicted of two first-degree murders and sentenced to death, finding that his penalty phase counsel was constitutionally ineffective in failing to investiga
• Henry v. State
  125 So. 3d 745· Fla.· 2013-10-31 ·cited 17×
  Robert Henry appeals the denial of his successive motion for post-conviction relief based on newly discovered evidence—the American Society of Addiction Medicine's 2011 definition of addiction as a brain disorder. The Florida Supreme Court affirmed the circuit court's denial, hol