Motion To Vacate Conviction

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

• Milford Wade Byrd v. State
  14 So. 3d 921· Fla.· 2009-04-02 ·cited 7×
  Milford Byrd, convicted of first-degree murder and sentenced to death for his 1981 murder of his wife, filed a successive motion for postconviction relief under Florida Rule of Criminal Procedure 3.851 alleging Brady/Giglio violations, newly discovered evidence, and ineffective a
• United States v. Reyes
  945 F.2d 862· 5th Cir.· 1991-10-23 ·cited 7×
  The writ of audita querela is not available to vacate an otherwise final criminal conviction on purely equitable grounds, particularly when the request is solely for immigration purposes.
• Grant v. United States
  451 F.2d 931· 2d Cir.· 1971-11-24 ·cited 7×
  A defendant seeking to vacate a guilty plea entered before the Jones decision, based on not being advised of the maximum sentence, must demonstrate both unawareness of the maximum sentence and that they would not have pleaded guilty had they known.
• Gregory v. State
  224 So. 3d 719· Fla.· 2017-08-31 ·cited 6×
  The Florida Supreme Court affirmed the denial of postconviction relief regarding the guilt phase of Gregory's capital murder conviction but reversed his death sentences due to the jury's nonunanimous 7-5 recommendation of death violating the Sixth Amendment requirements establish
• Quawn M. Franklin v. State
  137 So. 3d 969· Fla.· 2014-01-16 ·cited 6×
  Quawn Franklin appealed the denial of his Rule 3.851 motion for postconviction relief and filed a habeas petition challenging his first-degree murder conviction and death sentence. The Florida Supreme Court affirmed the trial court's denial of all relief, finding no competency is
• Mortimer v. State
  96 So. 3d 1060· Fla. 4th DCA· 2012-09-05 ·cited 6×
  The court held that the appellant's motion to vacate convictions based on ineffective assistance of counsel was untimely and that the advice given by counsel was not deficient under the law at the time.
• Rory Enrique Conde v. State
  35 So. 3d 660· Fla.· 2010-02-11 ·cited 6×
  Rory Conde appealed the denial of his Rule 3.851 postconviction motion seeking to vacate his first-degree murder conviction and death sentence for killing a prostitute. The Florida Supreme Court affirmed the postconviction court's denial, finding Conde failed to satisfy the Stric
• Gilberti v. United States
  917 F.2d 92· 2d Cir.· 1990-10-22 ·cited 6×
  The court held that the rule announced in Gomez v. United States, which prohibited magistrates from presiding over jury selection in felony trials over a defendant's objection, is a 'new rule' that cannot be retroactively applied on collateral review because it does not fall with
• Hayden v. United States
  814 F.2d 888· 2d Cir.· 1987-03-27 ·cited 6×
  The court held that the habeas corpus petitioners failed to present sufficient specific facts, supported by competent evidence, to warrant a full evidentiary hearing on their claims of jury tampering through bribery.
• Williams v. State
  473 So. 2d 11· Fla. 3d DCA· 1985-07-16 ·cited 6×
  Court affirmed conviction but struck the trial court's improper retention of jurisdiction over consecutive sentences, remanding for correction of the sentencing order.
• Vaprin v. State
  437 So. 2d 177· Fla. 3d DCA· 1983-08-09 ·cited 6×
  Ronald Vaprin was permitted to withdraw his guilty plea after the court found he entered the plea based on a justifiable misapprehension of its sentencing consequences. The state had made an undisclosed agreement regarding sentencing leniency in exchange for Vaprin's testimony in
• Lawrence v. State
  404 So. 2d 1129· Fla. 3d DCA· 1981-10-20 ·cited 6×
  The court held that the trial court erred in summarily denying the motion to vacate because the record did not conclusively show the defendant was entitled to no relief.
• Sammie Lee Jackson v. State
  353 So. 2d 940· Fla. 3d DCA· 1978-01-10 ·cited 6×
  Florida appellate court affirmed summary denial of ineffective assistance of counsel claim where the record conclusively demonstrated the defendant received adequate representation and his trial was not a mockery or farce.
• Schriever v. United States
  553 F.2d 1152· 8th Cir.· 1977-04-18 ·cited 6×
  The court held that a Rule 11 violation does not necessitate vacating a conviction if the defendant was aware of the maximum penalty at the time of the plea.
• Ferrara v. United States
  547 F.2d 861· 5th Cir.· 1977-02-15 ·cited 6×
  A district court cannot grant relief under 28 U.S.C. § 2255 without a hearing unless the motion and case records conclusively show the prisoner is entitled to no relief.
• Bryan v. United States
  481 F.2d 272· 5th Cir.· 1973-07-06 ·cited 6×
• Ottis Mayo Jones v. United States
  453 F.2d 351· 5th Cir.· 1972-01-07 ·cited 6×
  The court held that the district court did not abuse its discretion in denying the various motions and that the rulings were without error.
• DAY v. United States
  428 F.2d 1193· 8th Cir.· 1970-06-30 ·cited 6×
  The court held that the district court did not err in denying the motion to vacate the conviction and sentence, as the evidence did not support the claim of being under the influence of drugs at the time of the guilty plea.
• Schell v. United States
  423 F.2d 101· 7th Cir.· 1970-03-05 ·cited 6×
  The court held that the defendant's waiver of counsel was not effective at the sentencing hearing, requiring the conviction and sentence to be set aside.
• United States v. Granello
  403 F.2d 337· 2d Cir.· 1968-10-18 ·cited 6×
  The court held that a prior conviction could not be vacated based on claims previously raised and rejected on appeal, nor on new claims lacking sufficient showing of prejudice or standing.
• Holloway v. United States
  393 F.2d 731· 9th Cir.· 1968-04-12 ·cited 6×
  The court held that a petition to vacate convictions can be considered under a writ of coram nobis even after sentences have been served, and the appellant is entitled to a hearing on his claim that his guilty plea was involuntary due to a broken bargain.
• United States v. Castelli
  306 F.2d 640· 2d Cir.· 1962-07-10 ·cited 6×
  The court held that the district judge did not err in denying the application to vacate the 1927 conviction.
• Cleo Gregory v. United States
  233 F.2d 907· 5th Cir.· 1956-05-25 ·cited 6×
  The court held that a prisoner moving to vacate a conviction under 28 U.S.C. § 2255 is entitled to a hearing if the motion and files do not conclusively show entitlement to no relief.
• Campbell v. State of Fla. & John William Campbell v. Julie J. Jones
  271 So. 3d 914· Fla.· 2018-11-29 ·cited 5×
  Trial counsel was not ineffective for failing to suppress Campbell's statements because counsel made a reasonable strategic decision to introduce the hospital statements to demonstrate Campbell's remorse and emotional state, thereby negating or reducing his culpability, and the j
• Brown v. State
  258 So. 3d 1201· Fla.· 2018-09-13 ·cited 5×
  Thomas Theo Brown appeals the postconviction court's denial of his claim that trial counsel was ineffective for failing to object to an allegedly improper prosecutorial statement during closing argument in a first-degree murder case. The Florida Supreme Court affirms the postconv
• Altersberger v. State
  216 So. 3d 621· Fla.· 2017-04-27 ·cited 5×
  Joshua Lee Altersberger, convicted of first-degree murder for shooting Florida Highway Patrol Sergeant Nick Sottile, challenges his death sentence. The Florida Supreme Court affirms his conviction and denial of postconviction relief regarding trial counsel's advice on plea withdr
• Turner v. State
  143 So. 3d 408· Fla.· 2014-05-15 ·cited 5×
  James Daniel Turner appealed the denial of his motion to vacate a first-degree murder conviction and death sentence. The Florida Supreme Court affirmed, rejecting his ineffective assistance of counsel claim and various constitutional challenges to Florida's death penalty statute.
• Blake v. State
  180 So. 3d 89· Fla.· 2002-08-12 ·cited 5×
  Harold Blake, convicted of first-degree murder and sentenced to death for the 2002 shooting death of Maheshkumar Patel during an attempted robbery, appeals the denial of his postconviction motion to vacate his conviction and sentences and petitions for habeas corpus. The Florida
• Hand v. State
  208 So. 2d 307· Fla. 2d DCA· 1968-03-20 ·cited 5×
  Lester Hand appealed a second motion to vacate his guilty plea conviction for second-degree murder, claiming coercion by police. The court affirmed the denial of his motion, finding that Hand failed to allege that his guilty plea itself was coerced and that his references to alle
• Jerone Hunter v. State
  175 So. 3d 699· Fla.· 2015-04-30 ·cited 4×
  Jerone Hunter appeals the denial of his Rule 3.851 motion for postconviction relief in a capital murder case involving the brutal murders of six victims in Deltona, Florida. The Florida Supreme Court affirms the trial court's denial of Hunter's ineffective assistance of counsel c
• Zommer v. State
  160 So. 3d 368· Fla.· 2015-01-15 ·cited 4×
  Todd Zommer was convicted of first-degree murder and sentenced to death for killing a 77-year-old woman. On postconviction appeal, Zommer challenged his death sentence on multiple grounds, including claims of ineffective assistance of trial counsel and constitutional challenges t
• Robinson v. State
  95 So. 3d 171· Fla.· 2012-07-12 ·cited 4×
  Timothy Robinson appeals his death sentences for first-degree murder, arguing trial counsel provided ineffective assistance during the penalty phase by failing to investigate and present available mitigating evidence. The Florida Supreme Court reversed the trial court's denial of
• Wickham v. State
  998 So. 2d 593· Fla.· 2008-12-23 ·cited 4×
  Jerry Michael Wickham, sentenced to death for a 1986 murder during a robbery on Interstate 10, appealed a postconviction court's denial of his Rule 3.851 motion for relief. The Florida Supreme Court reversed and remanded because the postconviction judge erred in denying Wickham's
• Wainwright v. State
  2 So. 3d 948· Fla.· 2008-11-26 ·cited 4×
  Anthony Floyd Wainwright, convicted of first-degree murder and sentenced to death for the murder of Carmen Gayheart, appealed a trial court's denial of his successive Rule 3.851 motion for post-conviction relief based on newly discovered evidence. The Florida Supreme Court affirm
• State v. Vega
  983 So. 2d 748· Fla. 3d DCA· 2008-06-11 ·cited 4×
  The court held that the trial court erred in summarily granting the defendant's motion to vacate without an evidentiary hearing when the record did not conclusively refute the defendant's claim.
• Velarde v. United States
  972 F.2d 826· 7th Cir.· 1992-08-14 ·cited 4×
  The court held that the defendant's claims of ineffective assistance of counsel, both trial and appellate, failed to meet the Strickland standard for performance and prejudice.
• Lebowitz v. United States
  877 F.2d 207· 2d Cir.· 1989-06-09 ·cited 4×
  A defendant who knowingly and voluntarily pleads guilty waives the right to challenge prior nonjurisdictional defects, including alleged violations of the Speedy Trial Act.
• Harris v. State
  528 So. 2d 361· Fla.· 1988-07-01 ·cited 4×
  Theodore Harris appeals the denial of his postconviction 3.850 motion for relief from his death sentence for the 1981 murder of a 73-year-old woman. The Florida Supreme Court affirmed the trial court's denial, rejecting Harris' claims of ineffective assistance of counsel and deny
• Jent v. State
  435 So. 2d 809· Fla.· 1983-07-18 ·cited 4×
  William Riley Jent appealed the denial of his Rule 3.850 motion seeking to vacate his death sentence for first-degree murder. The Florida Supreme Court affirmed the trial court's denial, rejecting claims of prosecutorial misconduct, ineffective assistance of counsel, conflict of
• United States v. Cabrera-Quintero
  650 F.2d 942· 8th Cir.· 1981-06-12 ·cited 4×
  The court held that the validity of the original deportation order is not a matter that can be raised under 28 U.S.C. § 2255.
• Alessi v. United States
  628 F.2d 1133· 2d Cir.· 1980-08-13 ·cited 4×
  The court affirmed the denial of the § 2255 motion because a prior panel's ruling established that an evidentiary hearing could cure deficiencies in the original plea colloquy regarding understanding of the charge and factual basis.
• Hollis E. Sutton v. State
  384 So. 2d 955· Fla. 2d DCA· 1980-06-18 ·cited 4×
  The circuit court correctly denied the motion to vacate misdemeanor convictions due to lack of jurisdiction and correctly denied the motion regarding delinquency adjudication for failure to allege indigency.
• Tallent v. United States
  604 F.2d 370· 5th Cir.· 1979-10-11 ·cited 4×
  The court held that the district court properly denied Tallent's successive petition for collateral relief without a hearing because the grounds raised were either repetitious or without legal merit.
• Phillips v. United States
  533 F.2d 369· 8th Cir.· 1976-03-23 ·cited 4×
  The court held that the district court did not err in denying the motion to vacate the conviction and sentence, and that the appellant's presence was not required at the § 2255 hearing.
• Lepiscopo v. United States
  469 F.2d 650· 5th Cir.· 1972-11-29 ·cited 4×
  A federal prisoner is not entitled to have a "jailhouse lawyer" appointed to represent him, especially when competent counsel was offered and validly waived.
• United States v. Davis
  439 F.2d 325· 8th Cir.· 1971-03-26 ·cited 4×
  A guilty plea is voluntary even if induced by fear of a harsher sentence, provided the defendant understands the charges and potential consequences.
• Brewster v. United States
  437 F.2d 917· 9th Cir.· 1970-11-23 ·cited 4×
  A prior determination of mental competency, made without an evidentiary hearing, does not preclude a subsequent evidentiary hearing on the issue of competency in a collateral proceeding if special circumstances cast doubt on the prior finding.
• Harlan Glen LAY v. State
  224 So. 2d 369· Fla. 4th DCA· 1969-06-30 ·cited 4×
  The appellate court reversed the denial of a motion to vacate a conviction, holding that the trial court erred by not granting an evidentiary hearing on the defendant's claims of ineffective assistance of counsel.
• Pike v. United States
  409 F.2d 499· 5th Cir.· 1969-03-28 ·cited 4×
  The court held that a motion to vacate a conviction under 28 U.S.C. § 2255 requires an evidentiary hearing when the allegations of coercion are not conclusively refuted by the files and records.
• Dovico v. State
  199 So. 2d 308· Fla. 4th DCA· 1967-06-02 ·cited 4×
  Dovico appeals the trial court's denial of his petition to vacate a guilty plea conviction, arguing he was denied effective counsel when questioned before his attorney was appointed, resulting in incriminating statements. The appellate court affirmed the trial court's denial, fin