Motion To Vacate Conviction

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

• State v. Chanel Nicole Mendez
  200 So. 3d 169· Fla. 5th DCA· 2016-06-24
  The State appealed the trial court's vacation of Mendez's conviction for counterfeiting a payment instrument, which was vacated based on this court's prior holding that the possession element of the statute was facially unconstitutional. The appellate court reversed, holding that
• Jones v. State
  107 So. 3d 1180· Fla. 3d DCA· 2013-02-13
  Wallace Jones appealed the denial of his motion for rehearing from a post-conviction motion to vacate his conviction and sentence. The court treated the appeal as a belated appeal from the denial of the underlying post-conviction motion and affirmed, holding that Jones's claim th
• Johnson v. State
  62 So. 3d 1169· Fla. 4th DCA· 2011-06-01
  Johnson appealed the summary denial of four post-conviction motions challenging three separate convictions for driving with a revoked license under Florida Statutes section 322.34(5). The court affirmed the denials, holding that the prior convictions causing habitual offender sta
• Calhoun v. State of Fla. & Johnny Mack Sketo Calhoun v. Mark S. Inch
  Fla.· 2010-12-16
  Johnny Mack Sketo Calhoun appealed the denial of his motion to vacate his conviction for first-degree murder and his death sentence, claiming newly discovered evidence regarding an alternative suspect, ineffective assistance of trial and appellate counsel, and various prosecutori
• Henad v. State
  20 So. 3d 901· Fla. 3d DCA· 2009-09-16
  The court held that the defendant's motion to vacate his conviction was timely filed under the rule established in State v. Green, but affirmed the denial on the merits because the defendant's claim that he would not have taken the plea had he known of deportation consequences wa
• Rivera v. State
  16 So. 3d 330· Fla. 4th DCA· 2009-09-16
  The court affirmed the summary denial of two grounds for post-conviction relief but reversed as to a third ground alleging ineffective assistance of counsel regarding youthful offender sentencing eligibility, allowing the defendant an opportunity to cure the pleading deficiency.
• Darwin Ward v. State
  914 So. 2d 982· Fla. 3d DCA· 2005-08-10
  Darwin Ward appeals the denial of his Rule 3.850 motion for post-conviction relief, claiming his trial counsel was ineffective for failing to make proper objections during his cocaine sale conviction trial. The appellate court reversed and remanded, finding the record did not con
• Wilton Dedge v. State
  832 So. 2d 835· Fla. 5th DCA· 2002-11-15
  Wilton Dedge sought postconviction relief based on DNA test results showing his innocence of 1984 convictions for burglary, sexual battery, and aggravated assault. The court affirmed the denial of his Rule 3.850 motion but permitted him to file a compliant Rule 3.853 motion, as t
• Richardson v. State
  760 So. 2d 983· Fla. 3d DCA· 2000-06-07
  Richardson seeks post-conviction relief based on a claimed change in law regarding burglary of curtilage announced in State v. Hamilton. The court denies his motion as untimely and holds that the change in law is not retroactively applicable to final convictions.
• Hall v. State
  677 So. 2d 88· Fla. 1st DCA· 1996-07-25
  Hall appealed the dismissal of his motion to vacate conviction and sentence, arguing the trial court lacked jurisdiction because a plea agreement in another county precluded prosecution. The appellate court affirmed the dismissal, holding that Hall failed to file his motion withi
• Campbell v. State
  645 So. 2d 137· Fla. 4th DCA· 1994-11-16
  Mike Campbell appeals the denial of motions to vacate his cocaine conviction and withdraw his grand theft plea. The court reverses because the cocaine was illegally manufactured by law enforcement, making the prosecution a denial of due process, and because vacating the cocaine c
• Hunter v. State
  625 So. 2d 137· Fla. 4th DCA· 1993-10-20
• United States v. Garfield
  987 F.2d 1424· 9th Cir.· 1993-03-08
  The court held that the district court plainly erred by participating in plea discussions and failed to make required findings on disputed presentence report information. The claim of ineffective assistance of counsel was denied.
• Blaylock v. State
  600 So. 2d 1250· Fla. 3d DCA· 1992-06-16
  Lawrence Blaylock appeals the denial of his motion to vacate his first-degree murder conviction, claiming his trial attorneys were ineffective for failing to present a defense of Halcion intoxication. The appellate court affirmed, finding that counsel's limited investigation into
• United States v. Garcia-Flores
  906 F.2d 147· 5th Cir.· 1990-07-18
  The court held that a defendant's right to appeal a sentence can be adequately conveyed at rearraignment, prior to sentencing, and that the language used was sufficient to inform the defendant of this right.
• United States v. Shuck
  895 F.2d 962· 4th Cir.· 1990-02-09
  A defendant's false testimony before a grand jury cannot be excused by prosecutorial misconduct, even if the questioning was improper, as lying is not a permissible response to government questioning.
• State v. Whitehead
  519 So. 2d 1145· Fla. 3d DCA· 1988-02-16
  The State appeals the trial court's grant of a Rule 3.850 motion vacating Whitehead's second-degree murder conviction and ordering a new trial based on claimed denial of his Sixth Amendment right to compulsory process. The appellate court reverses, holding that the defendant's cl
• German A. Gomez and Florentino Molina v. State
  437 So. 2d 206· Fla. 3d DCA· 1983-09-13
  The court held that the defendants' plea agreement was fulfilled and their counsel was not ineffective, as the issue they sought to appeal was indeed appealable.
• State v. Matera
  401 So. 2d 1361· Fla. 3d DCA· 1981-07-14
  The Florida appellate court reversed a trial court's vacation of Matera's 13-year-old robbery conviction under Rule 3.850. The trial court had granted relief based on alleged constitutional violations including phone taps, electronic surveillance, suggestive identification, and s
• State v. Matera
  378 So. 2d 1283· Fla. 3d DCA· 1979-12-28
  Florida appeals a circuit court's order vacating a defendant's 1967 robbery conviction. The court reversed the vacation order, holding that the trial court improperly denied the State its right to appeal by accepting a nolo contendere plea and resentencing the defendant in the sa
• Right v. State
  377 So. 2d 37· Fla. 1st DCA· 1979-11-20
  Benjamin Right appealed the denial of his motion to vacate a guilty plea conviction, arguing ineffective counsel failed to raise a "jail alibi" defense and the trial court failed to inquire into the factual basis for his plea. The appellate court affirmed the denial, finding the
• United States v. Frye
  566 F.2d 1090· 8th Cir.· 1977-12-19
  The Interstate Agreement on Detainers Act does not apply to federal custody obtained via a writ of habeas corpus ad prosequendum.
• Hons v. State
  285 So. 2d 66· Fla. 2d DCA· 1973-11-16
  A motion to vacate conviction and sentence may be summarily denied if it fails to state a prima facie case for relief.
• Williams v. State
  280 So. 2d 31· Fla. 2d DCA· 1973-06-27
  Curtis Lee Williams appeals the trial court's denial of his motion to vacate his conviction and life sentence for robbery. The appellate court affirmed the trial court's order, finding that the arguments raised in his post-conviction motion either were already addressed on direct
• Johnson v. United States
  475 F.2d 762· 5th Cir.· 1973-03-23
  The court held that the appeal must be dismissed because the notice of appeal was not timely filed.
• Pelton v. United States
  465 F.2d 952· 5th Cir.· 1972-09-01
  The court held that the district court properly denied the motion to vacate conviction without an evidentiary hearing because the record conclusively showed the petitioner was entitled to no relief.
• Brewster v. State
  261 So. 2d 552· Fla. 2d DCA· 1972-05-03
  Brewster appealed the summary denial of his motion to vacate a guilty plea conviction for armed robbery, claiming ineffective assistance of counsel, witness perjury, and coerced guilty plea. The Florida appellate court affirmed the denial, finding all grounds patently insufficien
• Gray v. United States
  459 F.2d 478· 9th Cir.· 1972-05-01
  The court held that the district court's findings of fact were supported by substantial evidence and not clearly erroneous.
• Nell v. United States
  450 F.2d 1090· 4th Cir.· 1971-10-08
  The court held that attorney Wood's suspension from practice was invalid due to a lack of due process, specifically insufficient notice and opportunity to prepare a defense. The court also dismissed Nell's appeal as interlocutory.
• Lawrence v. United States
  445 F.2d 652· 5th Cir.· 1971-06-29
  The court held that the transportation of a stolen motor vehicle from one state to another is sufficient to constitute transportation in interstate commerce under the Dyer Act, regardless of profit motive or effect on commerce.
• Roberts v. United States
  441 F.2d 1162· 5th Cir.· 1971-04-07
  The court held that the district court correctly denied the motion to vacate conviction and sentence because the incriminating statement was made voluntarily and without the need for Miranda warnings.
• Harris v. United States
  434 F.2d 23· 9th Cir.· 1970-11-12
  A guilty plea, entered upon the advice of counsel, is valid if the advice was within the range of competence required of attorneys, even if the defendant was unaware of the admissibility of a coerced confession.
• Eldon E. Mills, Jr. v. United States
  418 F.2d 417· 5th Cir.· 1969-11-06
  The court affirmed the denial of the motion to vacate the conviction and sentence, finding no merit to the appellant's claims.
• Smiley Vincent Keene v. State
  225 So. 2d 176· Fla. 2d DCA· 1969-06-18
  The appellate court affirmed the denial of a motion to vacate a conviction and sentence. The court held that a motion to vacate must allege specific errors in the original trial proceedings, not just a failure to advise of the right to appeal, to warrant relief.
• Jasper Danny Campbell v. United States
  398 F.2d 828· 5th Cir.· 1968-08-12
  The court held that the district court did not err in denying the motion to vacate the conviction, as the appellant's waiver of counsel was valid and his guilty plea was voluntary.
• Halliday v. United States
  394 F.2d 149· 1st Cir.· 1968-05-08
  The court held that a prior finding of noncompliance with Rule 11 does not automatically entitle a petitioner to post-conviction relief if the government can show the plea was voluntary and understanding.
• Schawartzberg v. United States
  379 F.2d 551· 2d Cir.· 1967-05-22
  The court held that the appellant's motion to vacate his conviction was properly denied because he failed to raise the issue of severance timely and his claim of prejudice was unsupported.
• Gove v. United States
  376 F.2d 346· 5th Cir.· 1967-03-22
  The court held that the appellant's guilty plea was entered freely and understandingly after effective assistance of counsel, and that the trial judge was impartial.
• Richards v. United States
  371 F.2d 611· 5th Cir.· 1967-01-31
  A motion to vacate a conviction based on ineffective counsel does not require a hearing if it merely alleges errors in judgment or lack of experience without alleging misconduct amounting to a breach of legal duty.
• Sardinia v. State
  168 So. 2d 674· Fla.· 1964-11-12
  A defendant who pleads guilty to a felony without counsel at arraignment may waive that defect by reaffirming the plea with counsel at trial, thereby eliminating the constitutional defect.
• Martin v. State
  164 So. 2d 33· Fla. 2d DCA· 1964-05-20
  The court held that the trial court erred in denying the defendant's motion to vacate his conviction without a hearing.