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

• Winford v. Swenson
  517 F.2d 1114· 8th Cir.· 1975-06-04 ·cited 26×
• Robinson v. United States
  474 F.2d 1085· 10th Cir.· 1973-03-09 ·cited 26×
  The court held that the appellant's guilty plea was validly entered, his counsel was effective, and his sentence under the Federal Youth Corrections Act was lawful.
• United States v. Sherman
  474 F.2d 303· 9th Cir.· 1973-02-01 ·cited 26×
  A guilty plea is valid even if the defendant is not explicitly advised of the right against self-incrimination, as long as the record shows the plea was knowing and voluntary.
• Moorhead v. United States
  456 F.2d 992· 3d Cir.· 1972-03-03 ·cited 26×
  The court held that allegations of attorney misrepresentation inducing a guilty plea are sufficient to require an adversary hearing under 28 U.S.C. § 2255, even if the court records do not directly contradict them.
• United States v. Joslin
  434 F.2d 526· D.C. Cir.· 1970-10-12 ·cited 26×
  The court held that the trial court should have appointed new counsel when the appellant's counsel requested to withdraw due to the appellant's inconsistent actions.
• United States v. Simpson
  436 F.2d 162· D.C. Cir.· 1970-10-01 ·cited 26×
• United States v. Martinez
  413 F.2d 61· 7th Cir.· 1969-06-26 ·cited 26×
  A federal district court has the power and duty to conduct a hearing to determine the constitutional validity of a prior conviction used for sentencing enhancement.
• Austin v. United States
  408 F.2d 808· 9th Cir.· 1969-03-05 ·cited 26×
  The dissenting judge would remand the case for a hearing on the appellant's claim of an induced plea of guilty.
• United States ex rel. John Cunningham v. The Hon. Harold W. Follette
  397 F.2d 143· 2d Cir.· 1968-07-02 ·cited 26×
  The court held that the arrest was based on probable cause and the guilty plea was voluntary, affirming the denial of the habeas corpus petition.
• Molignaro v. Dutton
  373 F.2d 729· 5th Cir.· 1967-03-03 ·cited 26×·via Voluntary And Intelligent Guilty Plea
  The court held that the record did not sufficiently demonstrate that the defendant was adequately informed of his right to appointed counsel, thus the waiver of that right was not intelligent or complete.
• Townes v. United States
  371 F.2d 930· 4th Cir.· 1966-12-27 ·cited 26×
  The court's majority opinion's additional suggestions to district judges regarding Rules 11 and 44.1 are permissible extrapolations, and the concurring judge agrees to join them.
• Harper v. United States
  368 F.2d 53· 10th Cir.· 1966-10-27 ·cited 26×
  A defendant is entitled to an evidentiary hearing on the voluntariness of a guilty plea if they were not fully advised of the potential sentencing consequences under all applicable statutes.
• Carnes v. United States
  279 F.2d 378· 10th Cir.· 1960-05-24 ·cited 26×
  The notice of appeal was timely filed because the court's oral pronouncement was not intended as the final act, and the subsequent formal order triggered the appeal period. The appeal on the merits is without substance.
• United States v. Morin
  265 F.2d 241· 3d Cir.· 1959-03-31 ·cited 26×
  A conviction based on a guilty plea is not rendered involuntary solely because an inadmissible confession was obtained during allegedly illegal detention, especially when the plea was entered voluntarily after consultation with counsel.
• Motley v. United States
  230 F.2d 110· 5th Cir.· 1956-02-13 ·cited 26×
  The court held that a motion to vacate a sentence cannot be summarily denied without a hearing when material disputed issues of fact are presented regarding the voluntariness of a guilty plea.
• Odegaard v. State
  137 So. 3d 505· Fla. 2d DCA· 2014-03-28 ·cited 25×·via Knowing And Voluntary Plea
  Nicholas Odegaard appealed the denial of his motion for relief from his robbery conviction and 45-year sentence. The appellate court found his trial counsel was ineffective for failing to advise him that he faced up to 45 years in prison (consecutive sentences), reversing in part
• State v. Seraphin
  818 So. 2d 485· Fla.· 2002-05-16 ·cited 25×·via Knowing And Voluntary Plea
  The Florida Supreme Court held that while trial courts have a mandatory duty to inform defendants of deportation consequences before accepting guilty pleas under Florida Rule of Criminal Procedure 3.172(c)(8), a defendant seeking postconviction relief must demonstrate prejudice b
• Wilson v. State
  692 So. 2d 971· Fla. 2d DCA· 1997-04-25 ·cited 25×·via Involuntary Plea
• Cepulonis v. Ponte
  699 F.2d 573· 1st Cir.· 1983-02-07 ·cited 25×
  The court held that the petitioner failed to demonstrate ineffective assistance of counsel or involuntary guilty pleas, as his alibi lacked substance and the misinformation regarding parole eligibility was not material to his decision to plead guilty.
• United States v. Goodman
  590 F.2d 705· 8th Cir.· 1979-01-04 ·cited 25×
  The court held that while the district court implicitly found the defendant competent, the defendant's specific allegations of false assurances from government officials regarding sentencing warrant further proceedings.
• Jess Cancino v. Craven
  467 F.2d 1243· 9th Cir.· 1972-10-03 ·cited 25×·via Involuntary Plea
  A district court's denial of a habeas petition without an evidentiary hearing was erroneous if it rested on legal errors rather than factual merits, and the ends of justice require reaching the merits of a subsequent petition.
• Dolphus L. Dulin v. Henderson
  448 F.2d 1238· 5th Cir.· 1971-09-13 ·cited 25×
  The court held that the record did not sufficiently demonstrate that the appellant knowingly and intelligently waived his right to counsel or understood the consequences of his guilty plea.
• LEE v. State
  204 So. 2d 245· Fla. 4th DCA· 1967-11-14 ·cited 25×
  Theodore Lee appealed his conviction based on a guilty plea, alleging coercion by a criminal investigator regarding testimony against another defendant and threats of multiple life sentences. The court affirmed the denial of his post-conviction motion, finding his plea was volunt
• United States ex rel. John McGRATH v. LaVALLEE
  348 F.2d 373· 2d Cir.· 1965-07-14 ·cited 25×
  The court held that the guilty plea was voluntary and not the product of coercion, and that a new claim regarding sentencing based on an allegedly erroneous probation report was not yet ripe for federal adjudication due to failure to exhaust state remedies.
• Bermudez v. State
  901 So. 2d 981· Fla. 4th DCA· 2005-05-11 ·cited 24×·via Involuntary Plea
  Pablo Bermudez appealed the denial of his motion to withdraw a guilty plea, arguing his counsel promised him a sentence of eight years or four years plus drug farm if he pleaded guilty, but he received 20 years instead. The Fourth District reversed and remanded, finding the pro s
• Barnhill v. State
  828 So. 2d 405· Fla. 5th DCA· 2002-09-20 ·cited 24×·via Involuntary Plea
  The court held that a defendant is entitled to an evidentiary hearing on a claim of ineffective assistance of counsel where counsel allegedly misadvised the defendant about the consequences of a prison releasee reoffender sentence, specifically the ineligibility for gain time.
• Wilson v. State
  814 So. 2d 1203· Fla. 2d DCA· 2002-04-24 ·cited 24×·via Involuntary Plea
  Jay Wilson appealed his sexual battery sentence via an Anders brief, challenging his conviction on grounds of ineffective assistance of counsel and involuntary plea. The court affirmed the sentence but declined to address Wilson's substantive claims due to procedural defects in h
• United States v. Lopez
  944 F.2d 33· 1st Cir.· 1991-09-11 ·cited 24×
  The court held that the district court did not err in rejecting a plea agreement, refusing to recuse, limiting cross-examination, denying acquittal motions, or refusing a new trial, and that the sentencing decision was not reviewable.
• United States v. Rodriguez-Luna
  937 F.2d 1208· 7th Cir.· 1991-07-22 ·cited 24×
  The court affirmed the sentence and plea, finding the evidence sufficient to establish the relevant drug quantity for sentencing, the district court's procedural errors under Rule 32 did not warrant resentencing, and the defendant's claim of ineffective assistance of counsel was
• Smith v. Freeman
  892 F.2d 331· 3d Cir.· 1989-12-29 ·cited 24×
  The court held that the state courts failed to provide a full and fair evidentiary hearing on the defendant's mental competency at the time of his guilty plea, entitling him to a federal evidentiary hearing.
• United States v. Boone
  869 F.2d 1089· 8th Cir.· 1989-03-06 ·cited 24×
  The court held that the district court did not abuse its discretion in denying the defendant's pre-sentence motion to withdraw his guilty plea, and affirmed the sentence imposed.
• United States v. Buckley
  847 F.2d 991· 1st Cir.· 1988-05-31 ·cited 24×
  The court held that the district court did not abuse its discretion in denying the motion to withdraw the guilty plea, but remanded for resentencing due to a violation of the right of allocution.
• United States v. Ammirato
  670 F.2d 552· 5th Cir.· 1982-03-15 ·cited 24×
  The court held that the district court properly accepted the defendant's guilty pleas, admitted hearsay evidence during sentencing, and imposed consecutive sentences for firearms convictions.
• Payne v. State
  362 So. 2d 688· Fla. 2d DCA· 1978-09-08 ·cited 24×·via Involuntary Plea
• Suggs v. LaVALLEE
  570 F.2d 1092· 2d Cir.· 1978-01-27 ·cited 24×
  The court affirmed the lower court's decision to redetermine the issue of Suggs's competence at plea, finding ample support in the record.
• Sailer v. Gunn
  548 F.2d 271· 9th Cir.· 1977-01-06 ·cited 24×
  The court held that the state court was not required to hold a competency hearing for sentencing or probation revocation, nor was it required to allow withdrawal of a guilty plea after probation violation.
• Caputo v. Henderson
  541 F.2d 979· 2d Cir.· 1976-09-03 ·cited 24×
  A guilty plea is constitutionally valid if the defendant was aware of the actual sentencing possibilities, and if not, whether accurate information would have made a difference in the decision to plead.
• Seymour Kloner v. United States
  535 F.2d 730· 2d Cir.· 1976-05-10 ·cited 24×
  The court held that the guilty plea was valid under Rule 11, but the parole revocation was unconstitutional due to lack of notice for one of the grounds.
• United States v. Davis
  516 F.2d 574· 7th Cir.· 1975-05-15 ·cited 24×
  A guilty plea can be accepted under Rule 11 even if the defendant maintains innocence, provided there is a strong factual basis for the plea and the defendant understands the charge and consequences.
• Mosher v. Lavallee
  491 F.2d 1346· 2d Cir.· 1974-01-08 ·cited 24×·via Involuntary Plea
  The court held that a guilty plea induced by defense counsel's false assurance of a specific sentence, which the defendant reasonably believed, renders the plea involuntary and constitutes ineffective assistance of counsel.
• Farmer v. Caldwell
  476 F.2d 22· 5th Cir.· 1973-03-23 ·cited 24×
  The court held that the district court did not err in denying habeas corpus relief, as the petitioner's guilty pleas were voluntary and knowingly entered, and the state court proceedings were adequate.
• United States v. Tabory
  462 F.2d 352· 4th Cir.· 1972-06-21 ·cited 24×
  The court held that the defendant's guilty plea was voluntary and intelligent, and the trial court did not abuse its discretion in denying his motion to withdraw the plea.
• Whitlow v. State
  256 So. 2d 48· Fla. 2d DCA· 1971-12-22 ·cited 24×
  Clarence Whitlow appeals the denial of his post-conviction motion to vacate his guilty plea and 25-year sentence for armed robbery. The court affirmed the denial, finding that Whitlow's contentions regarding search and seizure, denial of counsel, and involuntariness of his plea w
• United States v. Welton
  439 F.2d 824· 2d Cir.· 1971-03-24 ·cited 24×
  A bare allegation that a defendant was not informed of parole ineligibility at the time of a guilty plea is insufficient to require an evidentiary hearing for judgments entered before the 'Bye' decision.
• United States v. Webb
  433 F.2d 400· 1st Cir.· 1970-10-30 ·cited 24×
  The court held that the district court's inquiry into the voluntariness and factual basis of the defendant's guilty plea was sufficient under Rule 11, and that a hearing under 28 U.S.C. § 2255 was not required given the complete record of the Rule 11 proceeding.
• Stephen v. United States
  426 F.2d 257· 5th Cir.· 1970-05-11 ·cited 24×
  The court held that a defendant's guilty plea is invalid if the trial court erroneously advises them of the maximum penalty, requiring an evidentiary hearing to determine if the defendant was misled.
• United States v. Young
  424 F.2d 1276· 3d Cir.· 1970-04-28 ·cited 24×
  A district court abuses its discretion by vacating a prior decision to allow a guilty plea withdrawal when the defendant demonstrates confusion about the charges, as withdrawal should be freely allowed before sentencing to correct manifest injustice.
• Kirshberger v. United States
  392 F.2d 782· 5th Cir.· 1968-04-08 ·cited 24×
  The court held that the trial court did not abuse its discretion in denying the appellants' motion to withdraw their guilty pleas.
• Knowles v. Gladden
  378 F.2d 761· 9th Cir.· 1967-05-03 ·cited 24×
  A voluntary and understanding guilty plea conclusively establishes all elements of the offense, rendering the admissibility of prior confessions immaterial.
• United States v. Rizzo
  362 F.2d 97· 7th Cir.· 1966-06-16 ·cited 24×·via Knowing And Voluntary Plea
  The trial court did not err in accepting the defendant's guilty plea, as the colloquy and surrounding circumstances informally satisfied the requirements of Rule 11.