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

• Waugaman v. United States
  331 F.2d 189· 5th Cir.· 1964-04-27 ·cited 24×
  The court held that the prisoner's prior unsuccessful motion under 28 U.S.C. § 2255 did not render the remedy inadequate or ineffective, thus habeas corpus was correctly denied.
• Armour Bailey v. United States
  312 F.2d 679· 10th Cir.· 1963-01-24 ·cited 24×
  The court held that the district court did not err in denying the motion to vacate the judgment and sentence, as the petitioner's plea was voluntary and understanding, and sentencing procedures were substantially compliant.
• Ezequial Frank Lopez Vasquez v. United States
  279 F.2d 34· 9th Cir.· 1960-04-27 ·cited 24×
  The court held that the trial court did not abuse its discretion in refusing to allow the appellant to withdraw his guilty plea.
• Henry v. State
  920 So. 2d 1245· Fla. 5th DCA· 2006-02-24 ·cited 23×·via Involuntary Plea
  Richard Henry appeals a trial court's denial of his motion for postconviction relief under Florida Rule of Criminal Procedure 3.850, raising three claims of ineffective assistance of counsel and an involuntary plea. The appellate court affirmed dismissal of two claims but reverse
• Bethune v. State
  774 So. 2d 4· Fla. 2d DCA· 2000-05-24 ·cited 23×·via Involuntary Plea
  Failure to inform a defendant of potential future sentence-enhancing consequences of a plea does not constitute ineffective assistance of counsel or render the plea involuntary.
• R.C. Stewart v. State
  511 So. 2d 375· Fla. 1st DCA· 1987-07-21 ·cited 23×
  R.C. Stewart appealed the trial court's denial of his motion for post-conviction relief under Florida Rule of Criminal Procedure 3.850. The court affirmed, holding that most of Stewart's claims were procedurally barred or legally insufficient, and that his claim regarding imprope
• United States v. Fuller
  769 F.2d 1095· 5th Cir.· 1985-09-03 ·cited 23×
  A defendant's guilty plea is not invalidated by counsel's erroneous advice regarding the maximum sentence if the misinformation did not induce the plea or prejudice the defense.
• United States v. Lagrone
  727 F.2d 1037· 11th Cir.· 1984-03-19 ·cited 23×
  The court held that the district court did not err in denying the defendant's motion to vacate his sentence without an evidentiary hearing.
• United States v. Castello
  724 F.2d 813· 9th Cir.· 1984-01-24 ·cited 23×
  The court held that a prosecutor's "all-or-nothing" plea offer to multiple defendants, including a threat to prosecute one defendant as a "special dangerous offender" if the case went to trial, did not constitute improper coercion rendering a guilty plea involuntary.
• United States v. Deal
  678 F.2d 1062· 11th Cir.· 1982-06-18 ·cited 23×
  The court held that the defendant's guilty plea was knowing and voluntary, despite allegations of misleading advice from FBI agents, because he was represented by counsel before pleading and affirmed his plea in court.
• Grantling v. Balkcom
  632 F.2d 1261· 5th Cir.· 1980-12-17 ·cited 23×
  The court held that a voluntary and intelligent guilty plea breaks the chain of prior constitutional claims, and therefore, the denial of habeas corpus relief was proper.
• United States v. Boatright
  588 F.2d 471· 5th Cir.· 1979-01-25 ·cited 23×
  The court held that a district court's failure to comply literally with Fed.R.Crim.P. 11 in accepting guilty pleas requires reversal on direct appeal, obligating the defendant to be given an opportunity to plead anew. Specific failures included inadequate explanation of charges,
• Kurlin v. State
  302 So. 2d 147· Fla. 1st DCA· 1974-10-24 ·cited 23×
  Kenneth Kurlin appealed his guilty plea conviction for larceny, challenging the imposition of a three-year sentence when the trial court had promised a two-year sentence during plea negotiations. The appellate court established guidelines for plea bargaining in Florida and revers
• Brown v. Peyton
  435 F.2d 1352· 4th Cir.· 1970-12-29 ·cited 23×
  The majority holds that the petitioner's guilty plea was voluntary, interpreting Brady v. United States to permit judicial participation in plea bargaining.
• United States ex rel. Henry H. Staples v. Pate
  332 F.2d 531· 7th Cir.· 1964-05-28 ·cited 23×
  A voluntary and understanding guilty plea waives objections to prior constitutional violations, even if the plea was influenced by evidence obtained from those violations.
• Isiah (Izell) Chambers v. State
  111 Fla. 707· Fla.· 1933-12-19 ·cited 23×
  Four defendants convicted of first-degree murder in the robbery and beating death of Robert M. Darsey appealed their death sentences. The Florida Supreme Court initially affirmed their convictions on the merits, but subsequently granted leave for them to petition for writ of erro
• State v. Shaikh
  65 So. 3d 539· Fla. 5th DCA· 2011-06-03 ·cited 22×·via Involuntary Plea
  Florida appellate court reversed a trial court's grant of post-conviction relief based on Padilla v. Kentucky, holding that Padilla does not apply retroactively to pleas entered before the decision was issued.
• Gregory Banks v. State
  887 So. 2d 1191· Fla.· 2004-10-14 ·cited 22×·via Voluntary And Intelligent Guilty Plea
  Gregory Banks sought postconviction relief after the 1995 sentencing guidelines were invalidated, arguing he negotiated his plea based on those guidelines and should be resentenced or allowed to withdraw his plea. The Florida Supreme Court affirmed the denial of relief, holding t
• Gillis v. State
  807 So. 2d 204· Fla. 5th DCA· 2002-02-22 ·cited 22×·via Knowing And Voluntary Plea
  The court held that a defendant's conclusory allegations of incompetence, unsupported by evidence, are insufficient to state a claim for postconviction relief when the record refutes the plea's voluntariness.
• State v. Gitto
  731 So. 2d 686· Fla. 5th DCA· 1998-06-26 ·cited 22×
  The Florida Fifth District Court of Appeal held that trial courts lack authority to unilaterally enter into plea bargains with defendants over the prosecutor's objection, as such conduct violates the separation of powers doctrine. The court vacated sentences in five consolidated
• Bond v. State
  695 So. 2d 778· Fla. 1st DCA· 1997-05-02 ·cited 22×·via Involuntary Plea
  Joseph Bond appealed the trial court's summary denial of his Rule 3.850 postconviction motion challenging his guilty plea to sexual battery. The appellate court affirmed, holding that the plea hearing transcript and plea form conclusively refuted Bond's claims of ineffective assi
• Dolan v. State
  618 So. 2d 271· Fla. 2d DCA· 1993-03-31 ·cited 22×·via Involuntary Plea
  Gary Dolan appeals the denial of his motion to withdraw his guilty plea, claiming it was made without understanding its consequences and influenced by mistaken beliefs about parole eligibility. The court affirms in part and reverses in part, remanding the case for an evidentiary
• United States v. Bachynsky
  949 F.2d 722· 5th Cir.· 1991-12-13 ·cited 22×
  The court held that the district court's omissions in advising the defendant of his rights under Rule 11 were harmless errors, and that the defendant had adequate opportunity to contest the factual basis for sentencing enhancements.
• Fambro v. State
  581 So. 2d 199· Fla. 4th DCA· 1991-05-29 ·cited 22×·via Knowing And Voluntary Plea
  Roger Fambro appeals the trial court's denial of his motion to withdraw guilty pleas for two counts of selling cocaine. The court affirmed, holding that the conditions imposed after the plea's formal acceptance—including the requirement that Fambro appear for sentencing or face h
• Prieto v. State
  573 So. 2d 398· Fla. 2d DCA· 1991-01-18 ·cited 22×
  Jose Prieto appeals the summary denial of his motion for postconviction relief challenging his racketeering plea. The court affirms the denial of most claims but reverses and remands two claims involving the voluntariness of his plea and ineffective assistance of counsel regardin
• United States v. Fabio Jaramillo-Suarez
  857 F.2d 1368· 9th Cir.· 1988-09-28 ·cited 22×
  A district court's failure to inform a defendant of the maximum possible penalty before accepting a guilty plea is reversible error, even if the error is harmless, unless the defendant clearly demonstrates awareness of the maximum penalty on the record at the time of the plea.
• United States v. Smith
  844 F.2d 203· 5th Cir.· 1988-04-19 ·cited 22×·via Involuntary Plea
  The court held that a violation of Federal Rule of Criminal Procedure 32(c)(3)(D) is not cognizable under 28 U.S.C. § 2255 if it could have been raised on direct appeal. The court also affirmed the denial of claims regarding involuntary guilty plea and ineffective assistance of c
• McCOY v. Louie L. Wainwright
  804 F.2d 1196· 11th Cir.· 1986-11-03 ·cited 22×·via Knowing And Voluntary Plea
  The court held that the appellant is entitled to an evidentiary hearing to determine whether his counsel was ineffective.
• Haase v. United States
  800 F.2d 123· 7th Cir.· 1986-08-27 ·cited 22×
  The court held that while the guilty plea was constitutionally valid despite Rule 11 deficiencies, the defendant is entitled to reconsideration of his sentence due to ineffective assistance of counsel.
• Price v. Louie L. Wainwright and Jim Smith
  759 F.2d 1549· 11th Cir.· 1985-05-13 ·cited 22×
  The court held that the petitioner failed to prove by a preponderance of the evidence that he was incompetent to plead guilty, and his plea was not rendered involuntary by medication.
• Hollis v. United States
  687 F.2d 257· 8th Cir.· 1982-08-30 ·cited 22×
  The court held that the failure to file a timely appeal constitutes ineffective assistance of counsel, but the failure to order a second psychiatric examination and the voluntariness of the guilty plea were not grounds for relief.
• Green v. State
  406 So. 2d 1148· Fla. 1st DCA· 1981-10-20 ·cited 22×
  A trial judge must advise a defendant of the maximum possible penalty provided by law, including the possibility that the judge might retain jurisdiction over a part of the sentence. Failure to provide this advice prevents proper apprisal of the significance of a guilty plea and
• United States v. Goodheim
  651 F.2d 1294· 9th Cir.· 1981-07-27 ·cited 22×
  The court held that the Supreme Court's decision in Lewis v. United States, which allowed constitutionally infirm prior convictions to serve as predicate felonies, should not be applied retroactively in this circuit due to due process concerns regarding fair warning.
• United States v. Montoya-Camacho
  644 F.2d 480· 5th Cir.· 1981-05-06 ·cited 22×
  A defendant may plead guilty even if unwilling to admit commission of the crime, provided the plea is voluntary, knowing, and the record contains strong evidence of guilt.
• United States v. Degand
  614 F.2d 176· 8th Cir.· 1980-01-28 ·cited 22×
  A sentencing court need not inform a defendant of all collateral consequences of a guilty plea, such as the inability to run a federal sentence concurrently with a state sentence, for the plea to be considered voluntary under Rule 11.
• United States v. Fels
  599 F.2d 142· 7th Cir.· 1979-04-24 ·cited 22×
  The dissenting judge would have affirmed the guilty pleas, finding them voluntary despite a technical omission in the Rule 11 colloquy.
• Sassoon v. United States
  561 F.2d 1154· 5th Cir.· 1977-10-26 ·cited 22×
  The court held that the district court failed to comply with Rule 11 of the Federal Rules of Criminal Procedure by not adequately informing the defendant of the nature of the charges and failing to establish a factual basis for the plea on the record.
• Roberts v. Collins
  544 F.2d 168· 4th Cir.· 1976-10-28 ·cited 22×
  The court held that imposing a sentence for simple assault that exceeds the statutory maximum for assault with intent to murder constitutes cruel and unusual punishment under the Eighth Amendment.
• Johnson v. United States
  539 F.2d 1241· 9th Cir.· 1976-08-03 ·cited 22×
  A guilty plea is not rendered involuntary by an attorney's failure to disclose information that might have led to a different decision, absent egregious incompetence. The district court's explanation of the mandatory special parole term was adequate.
• United States v. Johnson
  507 F.2d 826· 7th Cir.· 1974-11-21 ·cited 22×
  A sentencing judge errs by considering facts underlying a separate, pending criminal charge against the defendant, even if related to the convicted offense.
• Wilkins v. Erickson
  505 F.2d 761· 9th Cir.· 1974-11-06 ·cited 22×
  Boykin v. Alabama does not require a state court judge to specifically articulate the three federal constitutional rights waived by a guilty plea; a reviewing court can find a plea voluntary and intelligent from the entire record, including a post-conviction evidentiary hearing.
• United States ex rel. Sheldon Leeson v. Damon
  496 F.2d 718· 2d Cir.· 1974-04-01 ·cited 22×
  The court held that erroneous advice from counsel regarding sentencing does not constitute ineffective assistance of counsel unless it is so egregious as to shock the conscience.
• State v. Pinto
  273 So. 2d 408· Fla. 3d DCA· 1973-02-22 ·cited 22×
  The State appealed from an order vacating a guilty plea and sentence and granting a new trial. The appellate court reversed, holding that the trial court lacked jurisdiction to vacate the judgment absent a properly filed motion under Rule 3.850, and that even if jurisdiction exis
• Jones v. Swenson
  469 F.2d 535· 8th Cir.· 1972-11-09 ·cited 22×
  The court held that the district court did not err in dismissing the petition for writ of habeas corpus without a hearing, as petitioner failed to demonstrate a constitutional violation.
• Williams v. State
  259 So. 2d 753· Fla. 1st DCA· 1972-03-30 ·cited 22×
  Robert Earl Williams challenged his guilty plea conviction for breaking and entering and a contempt citation for perjury. The Florida First District Court of Appeal affirmed his guilty plea conviction after finding it was voluntary and the result of proper plea bargaining with co
• United States ex rel. Jerry Roth v. Zelker
  455 F.2d 1105· 2d Cir.· 1972-02-15 ·cited 22×
  The court held that the petitioner was not denied due process because the facts of his case were distinguishable from Pate v. Robinson, and no reasonable doubt existed regarding his competency to plead guilty.
• Smedberg v. United States
  448 F.2d 401· 5th Cir.· 1971-08-24 ·cited 22×·via Voluntary And Intelligent Guilty Plea
  The court held that the defendant knowingly and understandably waived his Fifth Amendment privilege against self-incrimination by pleading guilty to a tax count, despite being warned of a potential defense.
• Bannister v. United States
  446 F.2d 1250· 3d Cir.· 1971-07-07 ·cited 22×
  The court held that a voluntary guilty plea, entered with comprehension of then-existing circumstances, is generally invulnerable to collateral attack, even on constitutional grounds.
• Williams v. Smith
  434 F.2d 592· 5th Cir.· 1970-11-17 ·cited 22×
  A voluntary guilty plea waives all prior non-jurisdictional defects, including claims of illegal arrest, incommunicado detention, and ineffective assistance of counsel.
• United States v. McCARTHY
  433 F.2d 591· 1st Cir.· 1970-11-06 ·cited 22×
  A guilty plea induced by an unfulfilled promise of a specific sentence by a government official is void and entitles the defendant to a hearing on a motion to vacate the sentence.