Motion To Vacate Conviction

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

• Trimble v. State
  159 So. 2d 265· Fla. 2d DCA· 1964-01-03 ·cited 4×
  Appellant Trimble appealed the denial of his motion to vacate a 1962 guilty plea conviction for breaking and entering a motor vehicle with intent to commit a felony. The appellate court found the motion to vacate was patently insufficient and quashed the appeal as frivolous.
• Dewey v. United States
  268 F.2d 124· 8th Cir.· 1959-06-29 ·cited 4×
  The court held that a defendant's guilty plea, entered with advice of competent counsel and understanding of the charges and consequences, is valid and cannot be withdrawn absent an abuse of discretion.
• United States v. Smith
  257 F.2d 432· 2d Cir.· 1958-07-24 ·cited 4×
  The court held that a defendant's motion to vacate a guilty plea based on alleged coercion is insufficient when contradicted by solemn admissions made in open court.
• State v. Khadafy Kareem Mullens
  352 So. 3d 1229· Fla.· 2022-08-31 ·cited 3×
  Khadafy Kareem Mullens killed two men and attempted to kill a third during an armed robbery at a convenience store, was convicted of two counts of first-degree murder and sentenced to death. The Florida Supreme Court reversed the postconviction court's decision granting him a new
• Merck v. State
  260 So. 3d 184· Fla.· 2018-12-28 ·cited 3×
  Troy Merck appeals the denial of his successive motion for postconviction relief from a first-degree murder conviction and death sentence, raising claims of Giglio and Brady violations and newly discovered evidence based on alleged inconsistencies in his accomplice's trial testim
• Caylor v. State
  218 So. 3d 416· Fla.· 2017-05-18 ·cited 3×
  Matthew Lee Caylor was convicted of first-degree murder and sentenced to death for the 2008 murder of 13-year-old Melinda Hinson. The Florida Supreme Court affirmed the conviction but vacated the death sentence, finding that Florida's death penalty scheme as applied to Caylor vio
• Mansfield v. State
  204 So. 3d 14· Fla.· 2016-08-25 ·cited 3×
  Scott Mansfield appealed the denial of his motion to vacate his first-degree murder conviction and death sentence based on a letter from the key prosecution witness, Michael Johns, expressing intent to recant his testimony. The Florida Supreme Court affirmed the denial, holding t
• Casseus v. State
  509 So. 2d 965· Fla. 3d DCA· 1987-06-30 ·cited 3×
  The trial court lacked jurisdiction to enter a second order denying post-conviction relief under Rule 3.850 because the state had appealed the appellate court's prior decision to the Florida Supreme Court and a stay of mandate was in effect.
• State v. Brest
  421 So. 2d 638· Fla. 3d DCA· 1982-10-26 ·cited 3×
  The State appealed a trial court's decision vacating a defendant's guilty and nolo contendere pleas on the ground that he was confused and afraid when entering them. The appellate court reversed, holding that a defendant's subjective distress and confusion, without more, do not j
• Kinder v. State
  240 So. 2d 162· Fla. 2d DCA· 1970-10-02 ·cited 3×
  The court held that the trial court had jurisdiction over the offense of assault with intent to commit manslaughter.
• Morse v. United States
  324 F.2d 80· 8th Cir.· 1963-11-05 ·cited 3×
  The court held that the evidence overwhelmingly demonstrated the defendant voluntarily entered his guilty plea, and his claims regarding the arrest warrant complaint were without merit.
• State v. Bell
  160 Fla. 874· Fla.· 1948-10-05 ·cited 3×
  Florida Supreme Court reversed the trial court's decision to vacate a life sentence and quash the information filed against Willie Bell for multiple felony convictions. The Court held that the information, while insufficient to charge a fourth offense, was nonetheless sufficient
• Twilegar v. State
  175 So. 3d 242· Fla.· 2015-05-28 ·cited 2×
  Mark Twilegar appeals the denial of his motion to vacate his conviction and death sentence for first-degree murder. The Florida Supreme Court affirms, finding no ineffective assistance of counsel and rejecting Twilegar's public records claims.
• O'Brien v. State
  80 So. 3d 459· Fla. 1st DCA· 2012-03-02 ·cited 2×
  The appellate court held that the circuit court correctly affirmed the denial of the motion to vacate the conviction because the claim was untimely and the conviction was not for a non-existent crime.
• Zeigler v. State
  967 So. 2d 125· Fla.· 2007-06-28 ·cited 2×
  William Thomas Zeigler, Jr., convicted in 1976 of murdering his wife, a friend, and two in-laws, appealed the denial of his successive motion for postconviction relief based on newly discovered DNA evidence. The Florida Supreme Court affirmed the trial court's denial, holding tha
• Thompson v. State
  731 So. 2d 1235· Fla.· 1998-12-24 ·cited 2×
  The court held that the defendant's sentence of death should be vacated and the case remanded for resentencing due to issues with the penalty phase proceedings and the jury override.
• Murchu v. United States
  926 F.2d 50· 1st Cir.· 1991-02-13 ·cited 2×
  The court held that a claim of judicial coercion in plea discussions and related ineffective assistance of counsel are cognizable and require further factual inquiry by a different judge, while other claims were properly dismissed.
• Jackson Morgan v. United States
  696 F.2d 1239· 9th Cir.· 1983-01-18 ·cited 2×
  The court held that the district court erred in dismissing the petitioner's second motion to vacate conviction without an evidentiary hearing.
• United States v. Canessa
  644 F.2d 61· 1st Cir.· 1981-03-23 ·cited 2×
  The court held that the defendant's claims of ineffective assistance of counsel due to conflicts of interest were without merit, and the denial of investigative funds was not reversible error.
• de Loach v. State
  388 So. 2d 31· Fla. 3d DCA· 1980-09-16 ·cited 2×
  De Loach appealed the summary denial of his motion to vacate a first-degree murder conviction, claiming ineffective assistance of counsel because his attorney failed to advise him about the element of premeditation. The court affirmed, holding that premeditation was not required
• United States v. Kelly
  581 F.2d 152· 8th Cir.· 1978-07-18 ·cited 2×
  The court held that the sentencing court did not err in denying relief without a hearing, as the petitioner's claims were without merit.
• Taylor v. United States
  505 F.2d 955· 5th Cir.· 1975-01-02 ·cited 2×
  The court held that misleading statements in the government's brief on direct appeal were not sufficiently misleading to warrant reversal of the district court's denial of a motion to vacate conviction.
• United States v. Ferris Jacob Alexander
  498 F.2d 934· 2d Cir.· 1974-06-17 ·cited 2×
  The court affirmed the denial of disclosure of the pre-sentence report and denied the petition to vacate the conviction, finding the material obscene under current standards.
• Romano v. United States
  460 F.2d 1198· 2d Cir.· 1972-05-30 ·cited 2×
  The court held that the denial of the motion to vacate conviction and the motion for disqualification were proper.
• Lawrence v. State
  244 So. 2d 446· Fla. 1st DCA· 1971-02-18 ·cited 2×
  The court held that the prosecution did not suppress exculpatory evidence because the defense knew or should have known of the witness's existence and had the opportunity to secure her testimony.
• Darl Dee Parker v. United States
  433 F.2d 15· 7th Cir.· 1970-10-29 ·cited 2×
  A voluntary and intelligent guilty plea, made under the law applicable at the time, is not rendered invalid by subsequent judicial decisions that declare a portion of the statute under which the plea was entered unconstitutional.
• Alley v. United States
  426 F.2d 877· 8th Cir.· 1970-05-18 ·cited 2×
  The court held that the district court did not err in denying the appellant's motion to vacate his conviction, as his claims of improper indictment amendment, improper severance, ineffective assistance of counsel, and improper use of a codefendant's confession lacked merit.
• Brown v. State
  229 So. 2d 898· Fla. 2d DCA· 1969-12-31 ·cited 2×
  The court held that the defendant knowingly and intelligently waived counsel and that his motion to vacate was properly denied.
• Herstree Tyrone Grant v. State
  224 So. 2d 721· Fla. 2d DCA· 1969-07-03 ·cited 2×
  This case addresses whether a defendant can file a second motion to vacate his conviction under Rule 1 (now Rule 1.850) when the grounds raised were substantially the same as those in a previous denied motion, with one exception based on newly decided law. The court affirmed the
• McCALL v. State
  224 So. 2d 370· Fla. 4th DCA· 1969-06-30 ·cited 2×
  A defendant is entitled to a hearing on a motion to vacate a conviction if they raise factual questions about a coerced guilty plea or unrefuted claims of coercion.
• Swartz v. United States
  378 F.2d 25· 6th Cir.· 1967-06-08 ·cited 2×
  The court held that the district court must determine if it received a paper from the appellant that could be treated as a notice of appeal within the prescribed time.
• Murphy v. State
  166 So. 2d 759· Fla. 1st DCA· 1964-08-11 ·cited 2×
  Murphy appeals from an order denying his motion to vacate a conviction and sentence for forgery imposed after he pleaded guilty without counsel. The court reverses, holding that the trial court failed to ensure a valid waiver of the right to counsel before accepting the guilty pl
• Tweedy v. United States
  276 F.2d 649· 9th Cir.· 1960-02-12 ·cited 2×
  The court held that the district court's denial of the motion to vacate conviction and withdraw plea, which included a recital that the appeal was frivolous, effectively served as a certificate of no good faith, and that the issues raised on appeal were indeed frivolous.
• United States v. Deitle
  274 F.2d 117· 7th Cir.· 1960-01-25 ·cited 2×
  The court held that the defendant's guilty pleas were valid and not subject to collateral attack under 28 U.S.C.A. § 2255, as the indictments and informations sufficiently charged a violation of 18 U.S.C.A. § 2314.
• United States ex rel. Lavelle v. FAY
  205 F.2d 294· 2d Cir.· 1953-06-04 ·cited 2×
  The court held that a common law writ of error coram nobis is the appropriate remedy to challenge the validity of a federal conviction, not a writ of habeas corpus in this instance.
• Colley v. State of Fla. & James Terry Colley
  432 So. 3d 454· Fla.· 2025-12-30 ·cited 1×
  James Terry Colley, Jr. was convicted in 2018 of two counts of first-degree murder, attempted murder, and burglary in a domestic violence case where he shot his estranged wife Amanda Colley and her friend Lindy Dobbins, and was sentenced to death. On appeal of his postconviction
• Blaise v. State
  368 So. 3d 1032· Fla. 3d DCA· 2023-08-02 ·cited 1×
  The appellate court affirmed the denial of a motion to vacate a guilty plea. The defendant argued newly discovered evidence showed the drugs belonged to someone else, but the court found he failed to prove a reasonable probability he would have gone to trial had the evidence been
• Clemente Javier Aguirre-Jarquin v. State
  202 So. 3d 785· Fla.· 2016-10-27 ·cited 1×
  Aguirre was convicted and sentenced to death for the 2004 murders of two neighbors based primarily on forensic evidence linking him to the crime and testimony from the victim's daughter, Samantha Williams. On postconviction review, newly discovered DNA evidence showed Samantha's
• Turner v. State
  120 So. 3d 187· Fla. 2d DCA· 2013-08-23 ·cited 1×
  James Turner appealed the dismissal of his motion to vacate his criminal conviction on the grounds that the motion was moot after his probation terminated. The appellate court reversed, holding that Rule 3.850 motions are not moot merely because probation has ended when significa
• Shelton Lebronc Hanna v. State
  970 So. 2d 385· Fla. 3d DCA· 2007-10-31 ·cited 1×
  Shelton Hanna appealed the denial of his Rule 3.850 motion for post-conviction relief based on ineffective assistance of counsel, specifically challenging his attorney's decision not to sever firearm charges from armed robbery, carjacking, and burglary counts. The Florida appella
• Bryant v. State
  971 So. 2d 818· Fla. 3d DCA· 2007-10-10 ·cited 1×
  Bobby Allen Bryant challenged his 1968 first-degree murder conviction by filing a motion claiming the trial court lacked jurisdiction because he was seventeen at the time of the crime and should have been tried in juvenile court. The Florida District Court of Appeal affirmed the
• Reyes-Vasquez v. United States
  865 F. Supp. 1539· S.D. Fla.· 1994-10-20 ·cited 1×
  The court held that the Magistrate Judge's reports and recommendations are adopted, and the movant's motion to vacate his conviction is granted due to ineffective assistance of counsel.
• Elortegui v. United States
  743 F. Supp. 828· S.D. Fla.· 1990-06-25 ·cited 1×
  Ricardo Elortegui sought to vacate his 1986 drug conviction under 28 U.S.C. § 2255 based on United States v. Piccinonna, a 1989 Eleventh Circuit decision that reversed the prior per se rule against polygraph evidence and permitted limited admission of such evidence at trial. The
• Jones v. State
  237 So. 2d 249· Fla. 1st DCA· 1970-07-09 ·cited 1×
  Appellant Jones challenged his guilty pleas to robbery and aggravated assault, claiming they were coerced by his public defender and the prosecutor. The appellate court affirmed the denial of his motion to vacate, holding that guilty pleas resulting from plea bargains negotiated
• Weylin O. Rodriguez v. United States
  M.D. Fla.· 2025-10-17
  The court held that while the petitioner is entitled to a vacatur of his 18 U.S.C. § 924(c) conviction due to the Supreme Court's ruling in *Davis*, he is not entitled to a resentencing hearing because the vacatur does not alter his overall sentencing range or make his sentence m
• Derric Emil Thompson v. United States
  M.D. Fla.· 2025-10-14
  The court held that the petitioner's motion to vacate his conviction was untimely filed and ordered him to show cause why it should not be dismissed.
• Andujar v. United States
  M.D. Fla.· 2025-10-06
  The court held that the motion to vacate the conviction under 28 U.S.C. § 2255 was time-barred because it was filed outside the one-year statute of limitations, and the defendant failed to establish entitlement to equitable tolling.
• Ahmad Milton v. State
  Fla. 3d DCA· 2025-09-17
  Ahmad Milton appealed the denial of his post-conviction motion seeking to vacate his conviction and sentence based on newly-discovered evidence and an alleged Brady violation. The court affirmed the trial court's denial, finding that the employment records at issue were known to
• Carr v. United States
  M.D. Fla.· 2025-09-08
  The court held that the prisoner's claims of ineffective assistance of counsel and breach of plea agreement lacked merit, and therefore his motion to vacate convictions was denied.
• Leija v. United States
  S.D. Fla.· 2025-09-03
  The court held that trial counsel was not ineffective for failing to raise meritless defenses regarding the statute's application to attempts involving fictitious minors or adult intermediaries, nor for failing to raise an "outrageous government conduct" defense that has never su