Non-Jurisdictional Defects

27 Florida cases classified under this topic · sorted by citation count · browse and sort

• United States v. Doyle
  348 F.2d 715· 2d Cir.· 1965-06-28 ·cited 215×
  A guilty plea waives all non-jurisdictional defects, including speedy trial and statute of limitations claims, and the defendant's conduct and counsel's statements indicated a waiver of appeal rights regarding sentence.
• United States ex rel. James Rogers v. Warden OF Attica State Prison
  381 F.2d 209· 2d Cir.· 1967-06-15 ·cited 66×
  The court granted the petition for rehearing, rescinded its previous order, and remanded the case to the District Court to determine if the magistrate had sufficient information to find probable cause for the warrant.
• Kistner v. United States
  332 F.2d 978· 8th Cir.· 1964-06-11 ·cited 36×
  The court held that the defendant's convictions under separate statutes for the same stock transaction did not violate the Double Jeopardy Clause because each statute required proof of different facts.
• Robison v. United States
  329 F.2d 156· 9th Cir.· 1964-03-12 ·cited 28×
  A guilty plea to an indictment constitutes an admission of all non-jurisdictional facts, and the sentence cannot be collaterally attacked for technical defects.
• Todd v. United States
  418 F.2d 134· 5th Cir.· 1969-11-04 ·cited 18×
  A knowing and voluntary guilty plea waives all prior non-jurisdictional defects, including claims of insanity at the time of the offense.
• State v. Pitts
  249 So. 2d 47· Fla. 1st DCA· 1971-06-04 ·cited 14×
  The Florida District Court of Appeal addresses a highly unusual procedural situation where the Florida Supreme Court vacated the appellate court's decision in a murder case based solely on the Attorney General's confession of error, without determining whether the underlying lega
• White v. Beto
  367 F.2d 557· 5th Cir.· 1966-10-25 ·cited 14×
  The court held that a voluntary guilty plea waives all non-jurisdictional defects in prior proceedings, including the admissibility of evidence used in a prior trial.
• Williamson v. State OF Ala.
  441 F.2d 549· 5th Cir.· 1971-04-23 ·cited 13×
  A guilty plea waives non-jurisdictional defects, and a plea to avoid the death penalty is not involuntary.
• Becker v. The State OF Neb.
  435 F.2d 157· 8th Cir.· 1970-12-15 ·cited 10×
  A voluntary guilty plea waives the non-jurisdictional claim of denial of a speedy trial.
• Parker v. Ross
  470 F.2d 1092· 4th Cir.· 1972-12-20 ·cited 8×
  A voluntary and intelligent guilty plea, entered with the advice of counsel, waives the right to challenge the composition of the grand jury that indicted the defendant.
• Henderson v. Tollett
  459 F.2d 237· 6th Cir.· 1972-04-20 ·cited 8×
  A guilty plea does not waive the right to challenge a grand jury indictment based on systematic racial exclusion if neither the defendant nor counsel knew of this right at the time of the plea.
• Beasley v. O.L. McCOTTER
  798 F.2d 116· 5th Cir.· 1986-08-05 ·cited 6×
  The court held that the appellant's claims were waived or abandoned, and therefore, his petition for rehearing was denied.
• Evans v. Britton
  639 F.2d 221· 5th Cir.· 1981-03-09 ·cited 6×
  A guilty plea, even if accepted, waives only pre-plea constitutional challenges and does not waive future defects if the case proceeds to trial. Furthermore, defects in a capital statute are constitutional errors of the first magnitude that cannot be cured by a showing of want of
• Engling v. Crouse
  357 F.2d 267· 10th Cir.· 1966-03-01 ·cited 6×
  The court held that the failure to appoint counsel when a preliminary hearing is waived does not violate constitutional rights if no prejudice results.
• Karcher v. Louie L. Wainwright
  476 F.2d 179· 5th Cir.· 1973-03-20 ·cited 5×
  A guilty plea waives non-jurisdictional defects, including the right to a speedy trial, and federal habeas relief requires exhaustion of state remedies.
• State v. Blaney
  722 So. 2d 220· Fla. 5th DCA· 1998-10-23 ·cited 4×
  A prematurely filed notice of appeal that meets basic requirements shall not be dismissed but matures upon rendition of the judgment.
• McMILLIN v. Beto
  447 F.2d 453· 5th Cir.· 1971-08-23 ·cited 4×
  The court affirmed the dismissal of the habeas corpus petition, finding that the petitioner's claims were either waived by guilty pleas or had been adequately addressed in prior proceedings.
• United States v. Boniface
  631 F.2d 1228· 5th Cir.· 1980-12-04 ·cited 2×
  A voluntary and understanding guilty plea waives all non-jurisdictional defects in prior proceedings, including alleged defects in the indictment.
• United States v. Mirelez
  496 F.2d 915· 5th Cir.· 1974-07-01 ·cited 2×
  The court held that a defendant pleading guilty to willfully making false statements on income tax returns cannot appeal based on the disclosure requirement or Fifth Amendment privilege.
• Richardson v. Beto
  472 F.2d 169· 5th Cir.· 1973-01-12 ·cited 2×
  The court held that a guilty plea waives non-jurisdictional defects in prior convictions used for sentence enhancement.
• Morris v. State
  255 So. 2d 704· Fla. 4th DCA· 1971-09-09 ·cited 2×
  Morris appeals the denial of post-conviction relief under Florida's Rule 1.850, claiming he was not advised of the victim's identity or the source of the stolen property, thereby preventing proper defense. The court holds that Morris's voluntary guilty plea cured all non-jurisdic
• Hayes v. Smith
  447 F.2d 488· 5th Cir.· 1971-08-16 ·cited 2×
  A knowing and voluntary guilty plea waives all prior non-jurisdictional defects, including those alleged by the appellant.
• Perez-Diaz v. Sec'y, Dep't of Corr.
  M.D. Fla.· 2025-12-29
  The court denied the petition for writ of habeas corpus, finding that the petitioner's claims were either not cognizable, waived by his guilty plea, or failed to meet the stringent standards for relief under AEDPA.
• Nelson v. United States
  M.D. Fla.· 2024-01-31
  A guilty plea waives non-jurisdictional defects, and the conviction for felon in possession of a firearm is constitutionally permissible.
• Zink v. Sec'y, Dep't of Corr. (Polk County)
  M.D. Fla.· 2022-01-27
  The court held that Zink waived his claims by pleading guilty and that his statements were admissible under Miranda, as his reference to a lawyer was equivocal and he impliedly waived his rights.
• Abonza-Torres v. Sec'y, Dep't of Corr.
  M.D. Fla.· 2019-08-15
  The court held that the petitioner's claims were not cognizable on federal habeas review or were waived by his voluntary plea, and that the state court's factual findings were entitled to deference.
• Smith v. Beto
  453 F.2d 403· 5th Cir.· 1972-01-05
  A valid guilty plea waives all non-jurisdictional defects in the proceedings.