Motion To Vacate Conviction

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

• Dessaure v. State
  55 So. 3d 478· Fla.· 2010-10-07 ·cited 17×
  Kenneth Dessaure appeals the trial court's denial of his post-conviction relief motion and habeas petition following his conviction for first-degree murder and death sentence in the 1999 killing of Cindy Riedweg. The Florida Supreme Court affirms, rejecting claims that trial coun
• Scott v. State
  657 So. 2d 1129· Fla.· 1995-03-16 ·cited 17×
  Paul Scott, convicted and sentenced to death for a 1978 murder, appeals the denial of his third Rule 3.850 motion, claiming Brady violations based on newly discovered evidence suggesting his co-defendant Kondian, not Scott, committed the murder. The Florida Supreme Court reverses
• United States v. Wilfredo Felix Ayala
  894 F.2d 425· D.C. Cir.· 1990-01-12 ·cited 16×
  A federal criminal defendant cannot use the common law writ of audita querela to challenge a conviction if the grounds for challenge are cognizable under existing federal postconviction remedies like 28 U.S.C. § 2255.
• Durcan v. State
  383 So. 2d 248· Fla. 3d DCA· 1980-04-01 ·cited 16×
  Eric Durcan sought to vacate his 1975 conviction through collateral review, claiming he had not voluntarily waived his constitutional right to a jury trial. The court affirmed the denial of his motion, holding that constitutional rights not raised on direct appeal may be waived a
• Alessi v. United States
  593 F.2d 476· 2d Cir.· 1979-03-07 ·cited 16×
  The court reversed the conviction on the tax count, vacating it and allowing repleading, but remanded the narcotics count for an evidentiary hearing.
• United States v. John "Sonny" Franzese and Nicholas Potere
  525 F.2d 27· 2d Cir.· 1975-10-30 ·cited 16×
  The court held that the movants' affidavits did not sufficiently allege prosecutorial misconduct or suppression of evidence to warrant an evidentiary hearing under 28 U.S.C. § 2255.
• Kermit Nello Burton v. United States
  483 F.2d 1182· 9th Cir.· 1973-02-28 ·cited 16×
  The dissenting judge argues that the majority erred in reversing the district court's decision, asserting that the defendant's guilty plea was voluntary and properly accepted under Rule 11.
• United States v. Pasquale A. Delsanter
  433 F.2d 972· 2d Cir.· 1970-11-02 ·cited 16×
• Dickinson v. State
  170 So. 2d 594· Fla. 1st DCA· 1965-01-19 ·cited 16×
  Appellant Fred Deberry Dickinson appealed the denial of a motion to vacate his conviction for breaking and entering an automobile, claiming he lacked counsel at trial. The court affirmed the denial, finding the appellant was represented by counsel of his choice and entered a volu
• United States v. TOM
  340 F.2d 127· 2d Cir.· 1965-01-12 ·cited 16×
  A defendant's use of narcotics does not automatically render them incompetent to stand trial; competency is a question of fact.
• Fennell v. United States
  339 F.2d 920· 10th Cir.· 1965-01-07 ·cited 16×
  The court held that requiring a showing of 'plain error' from the original trial is a reasonable prerequisite for considering a late appeal request when no fraud or deceit is involved.
• Miller v. United States
  339 F.2d 581· 9th Cir.· 1964-12-08 ·cited 16×
  A defendant is not entitled to a hearing under 28 U.S.C. § 2255 if their claims of error and prejudice are conclusory and lack specific factual allegations.
• Loyd Abbott v. State
  164 So. 2d 243· Fla. 2d DCA· 1964-05-20 ·cited 16×
  Abbott, an indigent defendant, appealed a denial of his motion seeking to vacate his conviction and sentence on grounds that he was denied the constitutional right to counsel at preliminary hearing, arraignment, and sentencing. The court affirmed the denial regarding preliminary
• Juelich v. United States
  300 F.2d 381· 5th Cir.· 1962-03-09 ·cited 16×
  A district court must entertain a second motion to vacate a sentence under 28 U.S.C. § 2255 if the grounds presented are different from the first motion, and the court cannot refuse to consider it unless the files and records conclusively show the prisoner is entitled to no relie
• West v. United States
  222 F.2d 774· D.C. Cir.· 1954-04-01 ·cited 16×
  The court held that the 60-day period for appeal began when the defendant reasonably relied on the incorrect date provided by the Clerk, and granted leave to apply to the District Court for permission to appeal in forma pauperis.
• King v. State
  211 So. 3d 866· Fla.· 2017-01-26 ·cited 15×
  Michael King was convicted and sentenced to death for the January 2008 kidnapping, rape, and murder of Denise Amber Lee. On appeal of his Rule 3.851 motion, the Florida Supreme Court rejected his claims of ineffective assistance of counsel, constitutional defects in Florida's let
• Rigterink v. State
  193 So. 3d 846· Fla.· 2016-04-21 ·cited 15×
  The Florida Supreme Court affirmed the denial of a motion to vacate convictions for first-degree murder and death sentences. The court found that trial counsel was not ineffective for failing to suppress statements, suppress a knife, or present certain mitigation evidence, as the
• Miller v. State
  161 So. 3d 354· Fla.· 2015-02-26 ·cited 15×
  Lionel Michael Miller, convicted and sentenced to death for the first-degree murder of a 72-year-old woman with Alzheimer's dementia, appeals the denial of his Rule 3.851 motion to vacate his conviction and sentence. The Florida Supreme Court affirmed the postconviction court's d
• Merck v. State
  124 So. 3d 785· Fla.· 2013-01-24 ·cited 15×
  Troy Merck, Jr. appeals the denial of his Rule 3.851 postconviction motion challenging his death sentence for a 1991 murder. The Florida Supreme Court affirmed the denial of Merck's ineffective assistance of counsel claims and habeas petition, finding no deficiency in counsel's p
• Buzia v. State
  82 So. 3d 784· Fla.· 2011-12-08 ·cited 15×
  John M. Buzia, a death-row prisoner, appealed the denial of his Rule 3.851 postconviction motion and filed a habeas petition challenging his conviction for first-degree murder and death sentence. The Florida Supreme Court affirmed the postconviction court's denials, finding no in
• Smith v. State
  213 So. 3d 722· Fla.· 2017-03-16 ·cited 14×
  Corey Smith, convicted of multiple murders in connection with a Miami drug enterprise, appealed the denial of his Rule 3.851 postconviction motion and filed a habeas petition. The Florida Supreme Court affirmed the denial of most postconviction claims but vacated Smith's death se
• Tavares J. Wright v. State
  213 So. 3d 881· Fla.· 2017-03-16 ·cited 14×
  Tavares Wright was convicted of two first-degree murders, kidnapping, robbery, and carjacking stemming from a crime spree in 2000. The Florida Supreme Court affirmed his convictions and death sentences on direct appeal, and subsequently denied his postconviction motions challengi
• Bogle v. State
  213 So. 3d 833· Fla.· 2017-02-09 ·cited 14×
  Brett Bogle was convicted of first-degree murder and sentenced to death for the 1991 killing of Margaret Torres. On post-conviction review, Bogle raised multiple claims including Brady and Giglio violations, ineffective assistance of counsel at guilt and penalty phases, newly dis
• Brooks v. State
  175 So. 3d 204· Fla.· 2015-05-07 ·cited 14×
  Lamar Brooks appeals denial of his Rule 3.851 motion to vacate death sentences for two murders and petitions for habeas corpus. The Florida Supreme Court affirms the postconviction court's rejection of all ineffective assistance of counsel claims, Brady/Giglio violations, and new
• England v. State
  151 So. 3d 1132· Fla.· 2014-07-03 ·cited 14×
  Richard England, convicted of first-degree murder and sentenced to death, appealed the denial of his Rule 3.851 postconviction motion and filed a habeas petition. The Florida Supreme Court affirmed the denial of postconviction relief and denied the habeas petition, finding no ine
• Frances v. State
  143 So. 3d 340· Fla.· 2014-04-17 ·cited 14×
  David Sylvester Frances appealed the trial court's denial of his Rule 3.851 postconviction motion and petition for habeas corpus in a death penalty case involving the murders of two women. The Florida Supreme Court affirmed the denial of all ineffective assistance of counsel clai
• Griffin v. State
  573 So. 2d 979· Fla. 5th DCA· 1991-01-24 ·cited 14×
  Court reversed denial of Rule 3.850 motion to vacate conviction for aggravated battery where trial judge failed to hold evidentiary hearing or attach record portions to refute claims of coerced plea and jail time credit entitlement.
• United States v. Romero-Vilca
  850 F.2d 177· 3d Cir.· 1988-07-05 ·cited 14×
  The court held that potential deportation is a collateral consequence of a guilty plea, and therefore the sentencing court was not required by Rule 11 to inform the defendant of this possibility. The court also declined to address an ineffective assistance of counsel claim not ra
• Clark v. State
  460 So. 2d 886· Fla.· 1984-10-18 ·cited 14×
  Raymond Robert Clark, convicted of first-degree murder, kidnapping, and extortion and sentenced to death, appealed the trial court's denial of his Rule 3.850 motion to vacate his conviction and sentence. The Florida Supreme Court affirmed, finding no merit to Clark's claims of in
• United States v. Kearney
  682 F.2d 214· D.C. Cir.· 1982-06-18 ·cited 14×
  The court affirmed the district court's decision, agreeing that the motion did not sufficiently allege prosecutorial knowledge of perjury, thus no hearing was required.
• State v. Garmise
  382 So. 2d 769· Fla. 3d DCA· 1980-04-08 ·cited 14×
  Florida appeals the vacation of a first-degree murder conviction based on ineffective assistance of privately retained counsel. The court reverses, holding that while ineffective assistance of court-appointed counsel is grounds for collateral attack under Rule 3.850, ineffective
• 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.
• Catlett v. State
  367 So. 2d 735· Fla. 4th DCA· 1979-02-21 ·cited 14×
• United States v. Smith
  538 F.2d 1332· 8th Cir.· 1976-07-29 ·cited 14×
  The court held that the appellant's claims of knowing use of false testimony and suppression of exculpatory evidence lacked merit because the alleged false testimony was never given and the suppressed evidence was not material.
• Anibal Otero-Rivera v. United States
  494 F.2d 900· 1st Cir.· 1974-03-28 ·cited 14×
  The court held that the district court erred in denying an evidentiary hearing without conclusively determining the defendant understood the consequences of his guilty plea, specifically parole ineligibility.
• Belton v. United States
  429 F.2d 933· 10th Cir.· 1970-07-21 ·cited 14×
  The court held that the totality of the circumstances surrounding the identification procedure did not constitute a denial of due process, and therefore, a hearing on the motion to vacate the conviction was not required.
• Knight v. State
  211 So. 3d 1· Fla.· 2016-12-15 ·cited 13×
  Ronald Knight, convicted of first-degree murder and sentenced to death, appealed the denial of his postconviction motion to vacate his conviction and sentence filed under Florida Rule of Criminal Procedure 3.850, and petitioned for a writ of habeas corpus. The Florida Supreme Cou
• Pooler v. State
  980 So. 2d 460· Fla.· 2008-01-31 ·cited 13×
  Leroy Pooler appeals the denial of his postconviction motion seeking to vacate his first-degree murder conviction and death sentence. The Florida Supreme Court affirmed the trial court's denial, rejecting ineffective assistance of counsel claims and finding that nine summarily de
• United States v. Kennedy
  890 F.2d 1056· 9th Cir.· 1989-03-16 ·cited 13×
  The government's failure to disclose a letter from an expert witness did not violate the defendant's due process rights because the letter was inadmissible hearsay and its potential impeachment value was negligible.
• Scott v. State
  513 So. 2d 653· Fla.· 1987-08-20 ·cited 13×
  Paul William Scott, convicted of first-degree murder and sentenced to death, appealed the trial court's denial of his Rule 3.850 motion to vacate his conviction and sentence, claiming ineffective assistance of counsel. The Florida Supreme Court affirmed, holding that Scott failed
• Little v. United States
  524 F.2d 335· 8th Cir.· 1975-09-25 ·cited 13×
  The court held that a special attorney authorized to conduct legal proceedings is implicitly authorized to sign indictments, and claims not raised in the district court cannot be considered on appeal.
• Maceo Bernard Simpson v. State
  181 So. 2d 185· Fla. 1st DCA· 1965-12-14 ·cited 13×
  Simpson appeals an order denying his motion to vacate a guilty plea conviction, claiming inadequate legal representation. The appellate court affirms, finding that his appointed counsel provided competent representation by advising him to plead guilty after a brief consultation w
• Williamson v. State
  123 So. 3d 1060· Fla.· 2013-05-02 ·cited 12×
  Dana Williamson appeals a death sentence for first-degree murder, claiming his trial counsel was ineffective for failing to challenge an expert witness's testimony about witness credibility under the Frye scientific reliability standard. The Florida Supreme Court affirms, finding
• Benedit v. State
  610 So. 2d 699· Fla. 3d DCA· 1992-12-22 ·cited 12×
  William Benedit's conviction and sentence for possession of a firearm during the commission of a felony violates his constitutional right against double jeopardy. The court reversed the trial court's summary denial of his Rule 3.850 motion to vacate and remanded with directions t
• Hedman v. United States
  527 F.2d 20· 10th Cir.· 1975-12-02 ·cited 12×
  The court held that a defendant's allegations contradicting his sworn statements during a Rule 11 proceeding are insufficient to require an evidentiary hearing on a motion to vacate conviction.
• Rosado v. United States
  510 F.2d 1098· 5th Cir.· 1975-04-04 ·cited 12×
  The court held that the district court properly denied the defendant's motion to vacate his conviction and sentence without a hearing.
• Garfield Jefferson v. United States
  488 F.2d 391· 5th Cir.· 1974-01-14 ·cited 12×
  The court held that a prior conviction under the Marijuana Tax Act, 26 U.S.C.A. § 4744(a)(1), which violated the Fifth Amendment privilege against self-incrimination, must be vacated if the defendant did not knowingly waive this defense by pleading guilty.
• Mengarelli v. United States Marshal IN & FOR the Dist. OF Nev.
  476 F.2d 617· 9th Cir.· 1973-03-30 ·cited 12×
  The court held that reiterating jury instructions regarding a defendant's right not to testify, even without objection, does not constitute plain error or ineffective assistance of counsel if it was a strategic decision.
• Lopez v. United States
  439 F.2d 997· 9th Cir.· 1971-03-08 ·cited 12×
  The court held that the district judge's dismissal of the petition was appropriate and should be affirmed.
• Gaxiola v. United States
  435 F.2d 264· 9th Cir.· 1970-11-27 ·cited 12×
  A guilty plea entered after the Haynes decision, even if before Leary, constitutes a waiver of the privilege against self-incrimination for a prosecution under 26 U.S.C. § 4744(a).