Voluntariness Of Guilty Plea

2,072 Florida cases classified under this topic, plus 1,103 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• Baker v. State
  878 So. 2d 1236· Fla.· 2004-03-11 ·cited 1807×
  The Florida Supreme Court consolidated three habeas corpus petitions filed by noncapital defendants challenging their convictions and dismissed them as unauthorized. The court clarified that habeas corpus relief is not available for collateral postconviction challenges that shoul
• Robinson v. State
  373 So. 2d 898· Fla.· 1979-07-26 ·cited 772×·via Voluntary And Intelligent Guilty Plea
  The Florida Supreme Court upheld a statute prohibiting direct appeals from guilty pleas, rejecting a defendant's constitutional challenge. The court held that while guilty pleas generally foreclose appellate review of pre-plea issues, defendants may appeal matters that occur cont
• Isley v. State
  652 So. 2d 409· Fla. 5th DCA· 1995-03-03 ·cited 528×·via Involuntary Plea
  The court held that the petitioner's claims were untimely, successive, and constituted an abuse of process, warranting a prohibition on further filings.
• Williams v. State
  316 So. 2d 267· Fla.· 1975-06-23 ·cited 428×
  The Florida Supreme Court clarified the standard for compliance with Rule 3.170(j), which requires trial courts to determine there is a factual basis for guilty pleas. The Court held that failure to establish a factual basis does not automatically require vacation of the plea abs
• Ashley v. State
  614 So. 2d 486· Fla.· 1993-02-25 ·cited 379×·via Voluntary And Intelligent Guilty Plea
  The Florida Supreme Court held that a defendant must receive written notice of intent to seek habitual offender enhancement prior to acceptance of a guilty or nolo contendere plea, and the trial court must confirm the defendant understands the possibility and consequences of habi
• State v. Leroux
  689 So. 2d 235· Fla.· 1996-12-19 ·cited 376×·via Involuntary Plea
  The Florida Supreme Court held that a defendant's negative response during a plea colloquy to whether promises were made does not conclusively refute a claim that counsel gave erroneous advice regarding gain time eligibility and time to be served. The Court approved the Fourth Di
• Porter v. State
  564 So. 2d 1060· Fla.· 1990-06-14 ·cited 340×
  George Porter was convicted of two murders and other crimes and sentenced to death. The Florida Supreme Court affirmed his convictions and death sentence, rejecting his challenges to the validity of his guilty pleas, the heinousness aggravating factor, and the proportionality of
• Kimbrough v. Beto
  412 F.2d 981· 5th Cir.· 1969-05-26 ·cited 292×
  The court held that a threat to reindict a defendant as an habitual criminal, if made to coerce a guilty plea, constitutes duress and vitiates the plea's voluntariness.
• Amendments to the Florida Rules of Appellate Procedure
  685 So. 2d 773· Fla.· 1996-11-22 ·cited 284×·via Voluntary And Intelligent Guilty Plea
  The Florida Supreme Court approved amendments to the Florida Rules of Appellate Procedure in response to the legislature's Criminal Appeal Reform Act of 1996. The Court reconciled the procedural rules with statutory provisions regarding appeal preservation, sentencing errors, and
• LoCONTE v. Dugger
  847 F.2d 745· 11th Cir.· 1988-06-20 ·cited 284×
  The court held that the district court did not err in denying the petition for habeas corpus relief, as the guilty plea was knowing, intelligent, and voluntary, and counsel was not ineffective.
• Johnson v. State
  60 So. 3d 1045· Fla.· 2011-04-21 ·cited 282×
  The Florida Supreme Court held that challenges to plea agreement provisions regarding credit for time served are not cognizable under Rule of Criminal Procedure 3.800(a) because such challenges require factual determinations beyond what appears on the face of the record. The Cour
• Roan Peart v. State
  756 So. 2d 42· Fla.· 2000-04-13 ·cited 267×
  The Florida Supreme Court resolved conflicting district court decisions regarding postconviction relief for defendants who were not advised of deportation consequences when entering guilty pleas in violation of Florida Rule of Criminal Procedure 3.172(c)(8). The Court held that d
• Herring v. Estelle
  491 F.2d 125· 5th Cir.· 1974-03-15 ·cited 226×·via Knowing And Voluntary Plea
  A guilty plea entered without effective assistance of counsel, who failed to advise the defendant on the relevant law regarding the charge, is involuntary and unknowing.
• United States v. Dayton
  604 F.2d 931· 5th Cir.· 1979-10-18 ·cited 213×
  Failure to strictly comply with Rule 11 does not automatically require vacating a guilty plea, and a harmless error standard should be applied to deviations from the rule.
• Busby v. Holman
  356 F.2d 75· 5th Cir.· 1966-01-31 ·cited 195×
  The court did not issue a holding as this is a dissenting opinion.
• Counts v. State
  376 So. 2d 59· Fla. 2d DCA· 1979-10-26 ·cited 185×
  A defendant cannot directly appeal the voluntariness of a guilty plea without first filing a motion to withdraw the plea in the trial court.
• Koenig v. State
  597 So. 2d 256· Fla.· 1992-02-27 ·cited 155×·via Voluntary And Intelligent Guilty Plea
  Kenneth Koenig appeals his death sentence and convictions for first-degree murder, armed burglary, and armed robbery following his no-contest plea. The Florida Supreme Court vacates all convictions and sentences and remands for a new plea hearing because the trial court failed to
• Shelton v. United States
  246 F.2d 571· 5th Cir.· 1957-06-25 ·cited 148×
  A later finding that a guilty plea was voluntary is entitled to weight on appeal, and the record supported such a finding despite the defendant's claims of promises.
• State v. Ginebra
  511 So. 2d 960· Fla.· 1987-07-02 ·cited 146×
  The Florida Supreme Court held that criminal defense counsel has no constitutional duty to advise a client that a guilty plea may result in deportation, a collateral consequence outside the trial court's authority. The Court rejected the Third District's holding that deportation'
• United States v. Barker
  514 F.2d 208· D.C. Cir.· 1975-02-25 ·cited 140×
  The court held that the defendants' guilty pleas should be judged by the 'fair and just' standard, and that their asserted defenses, if proven, would be legally valid, warranting withdrawal of the pleas.
• Thompson v. Louie L. Wainwright
  787 F.2d 1447· 11th Cir.· 1986-04-10 ·cited 134×
  The court held that while counsel's failure to investigate Thompson's background was deficient, it did not prejudice Thompson under the Strickland standard because the overwhelming aggravating circumstances would have led to the same death sentence. The court also found no merit
• Stano v. State
  520 So. 2d 278· Fla.· 1988-02-25 ·cited 130×
  Gerald Stano, a serial killer who pleaded guilty to multiple murders and received death sentences, appealed the denial of his rule 3.850 motion for postconviction relief based on claims of ineffective assistance of counsel. The Florida Supreme Court affirmed the trial court's den
• Jones v. State
  421 So. 2d 55· Fla. 1st DCA· 1982-10-29 ·cited 130×·via Involuntary Plea
  Keith Leroy Jones appeals the summary denial of his motion for post-conviction relief, claiming ineffective assistance of counsel and an involuntary guilty plea due to mental incompetence. The court reverses and remands, finding the motion facially sufficient and requiring either
• Heiden v. United States
  353 F.2d 53· 9th Cir.· 1965-11-02 ·cited 130×
• Scott v. United States
  419 F.2d 264· D.C. Cir.· 1969-02-13 ·cited 129×
  A judge's role in plea bargaining should be limited to ensuring the voluntariness of the plea, not ratifying the prosecutor's bargain.
• United States v. Malcolm
  432 F.2d 809· 2d Cir.· 1970-09-23 ·cited 122×·via Knowing And Voluntary Plea
  A guilty plea induced by promises is void, but a prosecutor's promise to recommend leniency does not automatically invalidate a plea. A sentence based on materially untrue assumptions about a defendant's criminal record or cooperation violates due process.
• Steinhauser v. State
  228 So. 2d 446· Fla. 2d DCA· 1969-11-26 ·cited 122×
  Appellant Steinhauser challenged his guilty pleas to two counts of assault to commit first-degree murder by filing a motion to vacate his sentences under Florida's collateral attack rule. The court affirmed the denial of his motion, holding that a knowing and voluntary guilty ple
• United States v. Frontero
  452 F.2d 406· 5th Cir.· 1971-11-30 ·cited 116×
  The court affirmed convictions for Frontero and Lagaña, but vacated Kelly's conviction due to a Rule 11 violation regarding informing him of the maximum sentence and remanded for Kelly to plead anew.
• United States v. Woodall
  438 F.2d 1317· 5th Cir.· 1970-05-18 ·cited 116×
  The dissenting judge would reverse the lower court's decision.
• Alphonzo Edwards v. United States
  256 F.2d 707· D.C. Cir.· 1958-05-09 ·cited 116×·via Knowing And Voluntary Plea
  The court should vacate the order denying the motion and remand for a hearing to determine if the appellant received ineffective assistance of counsel.
• State v. Partlow
  840 So. 2d 1040· Fla.· 2003-02-20 ·cited 115×
  The Florida Supreme Court held that the sexual offender registration requirement is a collateral consequence of a guilty plea, not a direct consequence, and therefore trial courts are not required to inform defendants of this requirement before accepting their plea. A defendant's
• United States v. Ignasio Maldenaldo Sanchez
  269 F.3d 1250· 11th Cir.· 2001-10-17 ·cited 114×
  The court affirmed the convictions and sentences of the Sanchezes. The concurring judges argued that no Apprendi error occurred because the sentences did not exceed the statutory maximum under 21 U.S.C. § 841(b)(1)(C). They also contended that the "Rogers error" did not apply bec
• Bryan v. United States
  492 F.2d 775· 5th Cir.· 1974-04-04 ·cited 109×
  A district court must grant an evidentiary hearing on a motion to vacate sentence under 28 U.S.C. § 2255 unless the motion, files, and record conclusively show the prisoner is entitled to no relief. A full Rule 11 transcript is not always conclusive.
• Pilkington v. United States
  315 F.2d 204· 4th Cir.· 1963-03-02 ·cited 106×
  The court held that a defendant's allegations of being misled by the judge regarding the maximum sentence before entering a guilty plea are sufficient to require a hearing on the voluntariness of the plea and potential relief under Rule 32(d).
• State v. T.G.
  800 So. 2d 204· Fla.· 2001-10-25 ·cited 105×·via Voluntary And Intelligent Guilty Plea
  The Florida Supreme Court held that while the Robinson rule generally requires juveniles to file a motion to withdraw a plea before appealing its voluntariness, a narrow exception applies when a trial court fails to comply with Rule of Juvenile Procedure 8.165's requirements for
• Gabby Tennis v. State
  997 So. 2d 375· Fla.· 2008-12-11 ·cited 103×·via Knowing And Voluntary Plea
  The Florida Supreme Court reversed Gabby Tennis's first-degree murder conviction and death sentence because the trial court failed to conduct a Faretta hearing after Tennis made multiple unequivocal requests to represent himself. The court held that failure to hold such a hearing
• VAN Bever v. State
  405 So. 2d 474· Fla. 5th DCA· 1981-10-28 ·cited 98×·via Involuntary Plea
  Van Bever appealed the trial court's summary denial of his motion to set aside his guilty plea and sentence without an evidentiary hearing or record attachment. The appellate court held that when a motion alleges prima facie grounds for relief, the trial court must either attach
• Paul v. State
  830 So. 2d 953· Fla. 5th DCA· 2002-11-22 ·cited 94×
  The court held that a motion to correct sentence under Rule 3.800(a) is not the proper vehicle for challenging the voluntariness of a plea or for requesting an evidentiary hearing.
• Thompson v. Louie L. Wainwright
  714 F.2d 1495· 11th Cir.· 1983-09-06 ·cited 93×·via Involuntary Plea
  A federal court may grant a continuance of a habeas petition to allow a petitioner to exhaust unraised claims in state court, and a state attorney general can waive the exhaustion requirement for federal habeas corpus.
• Brown v. Beto
  377 F.2d 950· 5th Cir.· 1967-05-12 ·cited 93×
  The court held that the defendant failed to carry his burden of showing his twenty-five year sentence is constitutionally invalid, and the trial judge exercised sufficient precautions in accepting the guilty plea.
• Williams v. State
  472 So. 2d 738· Fla.· 1985-07-03 ·cited 91×
  The Florida Supreme Court held that while appointment of counsel is not automatically mandatory for post-conviction evidentiary hearings, a trial judge's discretion to deny counsel must be exercised according to the Graham factors, and here the judge abused discretion by refusing
• United States ex rel. John McGRATH v. LaVALLEE
  319 F.2d 308· 2d Cir.· 1963-06-12 ·cited 91×
  The court held that a judge's conversation with a defendant about a guilty plea, even if potentially coercive, does not automatically constitute a denial of due process; the specific content and effect must be considered. The 'unless clearly erroneous' rule applies to factual inf
• Roan Peart v. State
  705 So. 2d 1059· Fla. 3d DCA· 1998-02-18 ·cited 90×·via Involuntary Plea
  The Florida Third District Court of Appeal consolidated five appeals involving defendants who sought to overturn guilty pleas based on trial courts' failure to advise them of deportation consequences under Florida Rule of Criminal Procedure 3.172(c)(8). The court held that coram
• United States v. Coronado
  554 F.2d 166· 5th Cir.· 1977-06-16 ·cited 90×
  The court held that the transcript showed compliance with Rule 11 as it read at the time of the plea hearing, and that the defendant understood the conspiracy charge.
• State v. T.M.B.
  716 So. 2d 269· Fla.· 1998-04-02 ·cited 89×·via Involuntary Plea
  The Florida Supreme Court held that section 924.051(4) of the Florida Statutes, which restricts appeals after guilty or nolo contendere pleas in criminal cases, does not apply to juvenile delinquency proceedings. The Court rejected the state's argument based on a prior decision,
• Shelton v. United States
  242 F.2d 101· 5th Cir.· 1957-02-27 ·cited 88×
  A guilty plea, entered with full knowledge of consequences and without improper pressure or misrepresentation, is not subject to impeachment merely because it was induced by a prosecutor's recommendation of leniency that was kept.
• Costello v. State
  260 So. 2d 198· Fla.· 1972-03-01 ·cited 87×
  Costello was convicted of first-degree murder after entering a guilty plea, and sentenced to death. The Florida Supreme Court reversed and remanded because the guilty plea was involuntary, induced by the defendant's court-appointed attorney's misrepresentation that the judge woul
• Pope v. State
  56 Fla. 81· Fla.· 1908-06-01 ·cited 87×
  The Florida Supreme Court affirmed a lower court's decision denying a defendant's request to withdraw his guilty plea. The court held that the defendant's plea was voluntary and that the trial court did not abuse its discretion in denying the withdrawal, especially since the moti
• United States v. Justo Fernan Martinez
  486 F.2d 15· 5th Cir.· 1973-10-12 ·cited 86×
  The court held that the trial judge erred in refusing to accept Martinez' guilty plea and in denying Huila's severance motion, while finding insufficient evidence to convict Padilla-Soris of conspiracy.
• The United States v. Lester
  247 F.2d 496· 2d Cir.· 1957-08-12 ·cited 86×
  The court held that the denial of the defendant's motion to withdraw his guilty plea was reversible error because the original plea acceptance proceedings were inadequate and did not sufficiently ascertain the plea's voluntariness and the defendant's understanding of its conseque