Motion To Vacate Conviction

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

• Battaglia v. United States
  390 F.2d 256· 9th Cir.· 1968-02-21 ·cited 12×
  The court held that a district court cannot base its decision on undisclosed information from a presentence report, as this violates due process and the right to confront evidence.
• Everitt v. United States
  353 F.2d 532· 5th Cir.· 1965-12-08 ·cited 12×
  The court held that the trial court properly denied the motion to vacate conviction because the newly discovered evidence, relating only to witness credibility, was considered by the judge who was aware of the witness's potential bias.
• Juelich v. United States
  316 F.2d 726· 5th Cir.· 1963-04-19 ·cited 12×
  The court held that the petitioner's presence was required at the hearing on his motion to vacate conviction.
• Dane Patrick Abdool v. State
  220 So. 3d 1106· Fla.· 2017-04-06 ·cited 11×
  Dane Patrick Abdool appeals the denial of his motion to vacate his first-degree murder conviction and death sentence. The Florida Supreme Court affirms the conviction and denial of postconviction guilt-phase claims but vacates the death sentence and remands for a new penalty phas
• Lucious Boyd v. State
  200 So. 3d 685· Fla.· 2015-12-17 ·cited 11×
  Lucious Boyd, a death-row inmate convicted of first-degree murder, sexual battery, and armed kidnapping, challenged his conviction and sentence through a Rule 3.851 postconviction motion and habeas petition. The Florida Supreme Court affirmed the trial court's denial of relief, f
• Huggins v. State
  161 So. 3d 335· Fla.· 2014-10-09 ·cited 11×
  John Steven Huggins appeals the circuit court's denial of his motion to vacate his first-degree murder conviction and death sentence under Florida Rule of Criminal Procedure 3.851, and petitions for a writ of habeas corpus. The Florida Supreme Court affirmed the denial of postcon
• Butler v. State
  100 So. 3d 638· Fla.· 2012-07-12 ·cited 11×
  Harry Lee Butler was convicted of first-degree murder and sentenced to death for killing his former girlfriend Leslie Fleming in 1997. The Florida Supreme Court affirmed his direct appeal conviction in 2003. On appeal of the denial of his post-conviction motion under Rule 3.851 a
• Hartley v. State
  990 So. 2d 1008· Fla.· 2008-05-22 ·cited 11×
  Kenneth Hartley appeals the denial of his motion to vacate his first-degree murder conviction and death sentence. The Florida Supreme Court affirmed the circuit court's denial, rejecting claims of ineffective assistance of trial counsel, procedurally barring a newly discovered ev
• Molina v. Rison
  886 F.2d 1124· 9th Cir.· 1989-09-25 ·cited 11×
  The court held that the appellant's third motion to vacate his conviction and sentence was properly dismissed because the sentencing disparity claim was successive and the recusal claim was procedurally defaulted.
• Covington v. State of Fla. & Edward Allen Covington v. Ricky D. Dixon
  348 So. 3d 456· Fla.· 2022-08-25 ·cited 10×
  Edward Covington, who pleaded guilty to murdering his girlfriend and her two young children in 2008, appealed the denial of his motion for postconviction relief and petition for habeas corpus seeking to vacate his death sentences. The Florida Supreme Court affirmed the trial cour
• Donald Lenneth Banks v. State
  219 So. 3d 19· Fla.· 2017-04-20 ·cited 10×
  Donald Lenneth Banks was convicted of first-degree murder and sentenced to death for the 2005 stabbing death of Linda Volum. The Florida Supreme Court affirmed his conviction and guilt-phase claims, but vacated his death sentence due to the Hurst v. Florida decision requiring jur
• McMillian v. State
  214 So. 3d 1274· Fla.· 2017-04-13 ·cited 10×
  Justin McMillian appeals his death sentence for murdering his ex-girlfriend Danielle Stubbs. The Florida Supreme Court affirmed his guilt phase conviction but vacated his death sentence and remanded for a new penalty phase under Hurst v. Florida because the jury recommended death
• Winkles v. State
  21 So. 3d 19· Fla.· 2009-09-03 ·cited 10×
  James Delano Winkles was convicted of two first-degree murders and sentenced to death. He appealed the denial of his postconviction motion for relief under Florida Rule of Criminal Procedure 3.851, raising claims of ineffective assistance of counsel. The Florida Supreme Court aff
• United States v. Weintraub
  871 F.2d 1257· 5th Cir.· 1989-04-21 ·cited 10×
  The court held that withheld impeachment evidence was not material to the conviction but was material to the sentence, requiring a new sentencing proceeding.
• Ozzie K. Cheek v. United States
  858 F.2d 1330· 8th Cir.· 1988-10-11 ·cited 10×
  The court held that a defendant who knowingly and voluntarily waives his right to direct appeal as part of a cooperation agreement cannot later raise claims that could have been raised on direct appeal in a § 2255 motion.
• COX v. State
  407 So. 2d 633· Fla. 3d DCA· 1981-12-08 ·cited 10×
  Cox appeals a denial of his Rule 3.850 motion claiming ineffective assistance of counsel for his trial attorney's failure to object to prosecution testimony about his post-arrest silence. The court affirms the denial, holding that counsel cannot be deemed ineffective for failing
• Berlanga v. United States
  394 F.2d 615· 5th Cir.· 1968-05-09 ·cited 10×
  The court held that the appellant's claims under 28 U.S.C. § 2255 were without merit and his conviction stands.
• Yates v. State
  199 So. 2d 340· Fla. 1st DCA· 1967-05-30 ·cited 10×
  A defendant seeking to vacate prior concurrent sentences must also challenge the validity of any longer, concurrently running sentence.
• Sorrenti v. United States
  306 F.2d 236· 5th Cir.· 1962-07-26 ·cited 10×
  A guilty plea is voluntary if, despite any promises, the defendant, with competent counsel, understands the consequences and voluntarily chooses to plead.
• Bostic v. United States
  298 F.2d 678· D.C. Cir.· 1961-12-07 ·cited 10×
  The court held that the district court has discretion under § 2255 to determine if a hearing is required, and this discretion must be affirmed unless abused.
• King v. State
  260 So. 3d 985· Fla.· 2018-12-20 ·cited 9×
  Cecil King appeals the postconviction court's denial of his motion to vacate his first-degree murder conviction and death sentence. The Florida Supreme Court affirmed the denial of King's guilt-phase ineffective assistance of counsel claims but vacated his death sentence and rema
• Ellerbee v. State
  232 So. 3d 909· Fla.· 2017-12-21 ·cited 9×
  Terry Marvin Ellerbee, Jr. was convicted of first-degree murder and sentenced to death. The Florida Supreme Court affirmed the denial of his Rule 3.851 postconviction motion challenging his guilt-phase conviction but granted a new penalty phase proceeding due to unconstitutional
• Zack v. State
  228 So. 3d 41· Fla.· 2017-06-15 ·cited 9×
  Michael Duane Zack III appeals a circuit court's denial of his motion to vacate his 1997 first-degree murder conviction and death sentence, claiming entitlement to a hearing on intellectual disability under Hall v. Florida and asserting a constitutional violation under Hurst v. F
• Hampton v. State
  219 So. 3d 760· Fla.· 2017-05-04 ·cited 9×
  John Lee Hampton was convicted of first-degree murder and sentenced to death for the 2007 killing of Renee McKinness in Clearwater, Florida. The Florida Supreme Court affirmed the denial of post-conviction relief on guilt-phase ineffective assistance claims and intellectual disab
• Rodgers v. State
  113 So. 3d 761· Fla.· 2013-05-09 ·cited 9×
  Theodore Rodgers, Jr., was convicted of first-degree murder and sentenced to death for the 2001 shooting death of his wife, Teresa Henderson. On postconviction appeal, the Florida Supreme Court reviewed his claims of ineffective assistance of counsel regarding inadequate mental h
• Lewis v. State
  926 So. 2d 437· Fla. 1st DCA· 2006-04-07 ·cited 9×
  Gregory Allen Lewis challenges a trial court order that partially denied and partially granted his Rule 3.800(a) motion. The court affirmed the order but allowed Lewis to refile his second claim as a properly sworn Rule 3.850 motion, as his current motion lacked the required oath
• Washington v. State
  576 So. 2d 973· Fla. 2d DCA· 1991-04-05 ·cited 9×
  The court held that allegations regarding counsel's failure to inform a defendant of their right to appeal, when the sentence is less than death, must now be raised in the trial court via a rule 3.850 motion, not a habeas corpus petition.
• United States v. Darnell
  716 F.2d 479· 7th Cir.· 1983-09-09 ·cited 9×
  The court held that the doctrine of laches bars the defendant from seeking relief under either Rule 32(d) or 28 U.S.C. § 1651(a) due to his twenty-year delay in filing the motion.
• Magwood v. State
  306 So. 2d 616· Fla. 1st DCA· 1975-01-28 ·cited 9×
• Anderson v. United States
  403 F.2d 451· 7th Cir.· 1968-11-13 ·cited 9×
  The court held that alleged inconsistencies in witness testimony did not rise to the level of perjury, and therefore, the petitioners were not entitled to have their convictions vacated under 28 U.S.C. § 2255.
• Dias v. State
  155 So. 2d 662· Fla. 2d DCA· 1963-07-24 ·cited 9×
  James Dias, an indigent defendant convicted of breaking and entering prior to Gideon v. Wainwright, filed a motion to vacate his conviction on the ground he lacked counsel at trial. When the trial court denied his motion and refused to appoint appellate counsel, Dias appealed and
• Sparre v. State of Fla. & David Kelsey Sparre v. Mark S. Inch
  289 So. 3d 839· Fla.· 2019-12-19 ·cited 8×
  The Florida Supreme Court affirmed the denial of David Kelsey Sparre's motion to vacate his first-degree murder conviction and death sentence, and denied his petition for a writ of habeas corpus. The court found that Sparre's claims of ineffective assistance of trial counsel were
• Williams v. State
  226 So. 3d 758· Fla.· 2017-06-29 ·cited 8×
  Ronnie Keith Williams, convicted of first-degree murder and sentenced to death, appealed the denial of his motion for post-conviction relief. The Florida Supreme Court affirmed most post-conviction denials but vacated his death sentence and remanded for a new penalty phase based
• United States v. Birdwell
  887 F.2d 643· 5th Cir.· 1989-11-08 ·cited 8×
  The court held that a factual determination of whether a plea agreement was breached, particularly when state actions incorporated into the federal agreement are involved, requires an evidentiary hearing. However, the claim of ineffective assistance of counsel was affirmed.
• Long v. United States
  883 F.2d 966· 11th Cir.· 1989-09-15 ·cited 8×
  The court held that a defendant is not entitled to relief under 28 U.S.C. § 2255 for a Fed.R.Crim.P. 11 violation if the misstatement was unintentional and the defendant cannot show prejudice.
• Bourgault v. State
  515 So. 2d 1287· Fla. 4th DCA· 1987-10-14 ·cited 8×
  Bourgault appealed his sentencing for sexual battery and kidnapping, claiming the trial judge exceeded sentencing guidelines. The court initially affirmed his conviction but found that the same trial errors that led to reversal of his codefendant's conviction in a parallel case a
• Bridges v. United States
  794 F.2d 1189· 7th Cir.· 1986-06-30 ·cited 8×
  The court held that a defendant experienced in criminal proceedings who knowingly chooses to retain counsel with a known conflict of interest, and assures the court he is satisfied with that counsel, waives his right to conflict-free representation.
• Meneses v. State
  372 So. 2d 1152· Fla. 3d DCA· 1979-07-03 ·cited 8×
  Appellant Meneses challenges the summary denial of his post-conviction relief motion under Florida Rule of Criminal Procedure 3.850, alleging that the prosecutor made false statements regarding voice identification evidence and suppressed exculpatory expert reports in violation o
• Diamond v. State
  233 So. 2d 418· Fla. 4th DCA· 1970-03-30 ·cited 8×
  Nondisclosure of a police statement by a co-defendant does not violate due process where the statement is inadmissible hearsay and knowledge of it would not have aided the defendant's defense, particularly where the defendant already knew the facts stated and the witness's identi
• United States v. Birnbaum
  421 F.2d 993· 2d Cir.· 1970-02-03 ·cited 8×
  The court affirmed the denial of the appellant's motions, finding no error in the suppression of evidence claims or the sentencing procedure.
• Robinson v. United States
  394 F.2d 823· 6th Cir.· 1968-05-23 ·cited 8×
  The court held that the Petitioner's conviction remains valid under the Federal Kidnaping Act, as he does not fall into the categories of defendants whose convictions can be contested following the Supreme Court's decision in United States v. Jackson.
• Smith v. United States
  358 F.2d 683· 3d Cir.· 1966-03-22 ·cited 8×
  The court held that the admission of prior felony convictions for impeachment was proper when a defendant testifies, and that the appellant's claims of false testimony were unsubstantiated.
• Bocock v. United States
  226 F.2d 720· 7th Cir.· 1955-11-08 ·cited 8×
  Questions regarding the sufficiency of evidence must be raised on direct appeal, not through a motion to vacate judgment under 28 U.S.C. § 2255.
• Gonzalez v. United States
  210 F.2d 825· 1st Cir.· 1954-02-26 ·cited 8×
  A judgment of conviction based on a guilty plea cannot be vacated based on allegations of illegally obtained evidence.
• Hodges v. State
  213 So. 3d 863· Fla.· 2017-03-16 ·cited 7×
  Hodges appeals the denial of his Rule 3.851 motion for postconviction relief challenging his first-degree murder conviction and death sentence. The Florida Supreme Court affirms the conviction but reverses the death sentence under Hurst v. Florida, holding that the non-unanimous
• Ibar v. State
  190 So. 3d 1012· Fla.· 2016-02-04 ·cited 7×
  Pablo Ibar challenges his death sentence conviction for three first-degree murders, arguing his trial counsel provided ineffective assistance by failing to present a facial identification expert to challenge the prosecution's video evidence despite knowing such testimony was crit
• Hernandez v. State
  180 So. 3d 978· Fla.· 2015-09-17 ·cited 7×
  Michael Hernandez appealed the denial of his Rule 3.851 motion to vacate his first-degree murder conviction and death sentence, alleging ineffective assistance of trial and appellate counsel. The Florida Supreme Court affirmed the circuit court's denial of postconviction relief a
• Whitton v. State
  161 So. 3d 314· Fla.· 2014-10-09 ·cited 7×
  Gary Richard Whitton appeals the denial of his Rule 3.851 motion to vacate his conviction for first-degree murder and death sentence in connection with the 1990 murder of James Mauldin. The Florida Supreme Court affirms the postconviction court's denial of relief on all Brady/Gig
• Smith v. State
  151 So. 3d 1177· Fla.· 2014-09-11 ·cited 7×
  Joseph Smith appeals the denial of his Rule 3.851 motion for postconviction relief in a capital murder case. The Florida Supreme Court affirms the denial, rejecting Smith's various constitutional challenges to Florida's death penalty statute, jury instruction procedures, and exec
• Mungin v. State
  141 So. 3d 138· Fla.· 2013-06-20 ·cited 7×
  Anthony Mungin appealed the denial of his successive motion for postconviction relief from a first-degree murder conviction and death sentence. Mungin argued that newly discovered evidence from witness George Brown impeached the prosecution's key eyewitness and constituted Brady