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

• Enos v. State
  272 So. 2d 847· Fla. 4th DCA· 1973-02-08 ·cited 20×
  Peter Enos challenged his guilty plea and five-year sentence for breaking and entering, alleging the trial court had implied he would receive only two years if he pleaded guilty. The Fourth District Court of Appeal reversed and remanded, holding that the trial court's implicit se
• Flint v. Howard
  464 F.2d 1084· 1st Cir.· 1972-06-15 ·cited 20×·via Involuntary Plea
  The court denied the petition for rehearing, finding no merit in the petitioner's arguments regarding misleading court actions, the application of Rule 6(e), or treating a motion for reconsideration as a motion to vacate judgment.
• United States ex rel. Eugene Fitzgerald v. LaVALLEE
  461 F.2d 601· 2d Cir.· 1972-05-23 ·cited 20×
  The court affirmed the district court's grant of habeas corpus, finding that the petitioner's guilty plea was involuntary due to his heroin influence at the time.
• Gil Munzo Leano v. United States
  457 F.2d 1208· 9th Cir.· 1972-02-29 ·cited 20×
• Johnson v. Louie L. Waxnwright
  456 F.2d 1200· 5th Cir.· 1972-02-25 ·cited 20×·via Involuntary Plea
  A guilty plea is not rendered involuntary by erroneous advice that the maximum sentence was less than the statutory maximum, especially when the actual sentence imposed was less than the statutory maximum. Furthermore, a trial court has no constitutional obligation to advise a de
• Dominguez v. Henderson
  447 F.2d 207· 5th Cir.· 1971-07-13 ·cited 20×
  The court held that Boykin v. Alabama, requiring inquiry into the voluntariness of guilty pleas, is not retroactive to pleas entered before its decision.
• United States v. Rawlins
  440 F.2d 1043· 8th Cir.· 1971-03-29 ·cited 20×
  The court held that the trial court did not abuse its discretion in denying the appellant's motion to withdraw his guilty plea, as Rule 11 of the Federal Rules of Criminal Procedure was properly followed.
• Guenter H. Schoeller v. Dunbar
  423 F.2d 1183· 9th Cir.· 1970-02-24 ·cited 20×
  The court held that the district court did not err in denying the habeas corpus petition because the appellant was mentally competent when he entered his guilty plea.
• United States ex rel. Frank E. Darrah v. Brierley
  415 F.2d 9· 3d Cir.· 1969-08-29 ·cited 20×
  The court held that the District Court did not err in denying a federal evidentiary hearing on the habeas corpus petition, as the state record was adequate and the appellant's claims lacked sufficient credible evidence.
• United States v. Brown
  413 F.2d 878· 9th Cir.· 1969-06-27 ·cited 20×·via Knowing And Voluntary Plea
  The dissenting judge would allow the petitioner to amend his claim regarding the aggravated offense and hold a hearing if sufficient facts are alleged, as the record is not conclusive.
• United States v. Steele
  413 F.2d 967· 2d Cir.· 1969-06-09 ·cited 20×
  The court held that the procedure for accepting the guilty plea did not satisfy Rule 11's requirements regarding the factual basis for the plea.
• Hunter v. United States
  409 F.2d 1203· 5th Cir.· 1969-04-25 ·cited 20×·via Knowing And Voluntary Plea
• Alva Eugene Hemming, III v. United States
  409 F.2d 11· 5th Cir.· 1969-03-26 ·cited 20×·via Involuntary Plea
  The court affirmed the district court's denial of the motion to vacate judgment and sentence.
• United States ex rel. Oscar Leon Rosen v. The Hon. Harold W. Follette
  409 F.2d 1042· 2d Cir.· 1969-02-26 ·cited 20×·via Involuntary Plea
  A habeas corpus petition must allege facts showing not only that a confession was coerced, but also that the guilty plea was involuntary due to the confession.
• Butler v. United States
  384 F.2d 522· 8th Cir.· 1967-11-08 ·cited 20×
  The court held that the defendant failed to establish a basis for vacating his sentence, as the trial court's findings regarding his mental competency and the voluntariness of his guilty plea were supported by substantial evidence and not clearly erroneous.
• Plaster v. United States
  381 F.2d 578· 5th Cir.· 1967-06-26 ·cited 20×
  A guilty plea induced by threats or promises cannot be upheld, but the record here conclusively shows the plea was voluntary and understanding.
• Brokaw v. United States
  368 F.2d 508· 4th Cir.· 1966-10-26 ·cited 20×
  A district court's failure to strictly comply with Rule 11 at arraignment regarding plea voluntariness is not reversible error if the plea is found to be voluntary and understanding at a subsequent Section 2255 hearing.
• Chapin v. United States
  341 F.2d 900· 10th Cir.· 1965-02-12 ·cited 20×
  A sentence imposed under the Federal Youth Corrections Act is invalid if it is potentially longer than the maximum sentence the defendant was informed of prior to pleading guilty.
• Vance W. Heideman v. United States
  281 F.2d 805· 8th Cir.· 1960-08-10 ·cited 20×
  The court held that the trial court erred in denying a hearing on the motion to vacate sentences, as the allegations of coercion and inducement in obtaining guilty pleas, if true, could warrant relief.
• Marlin Dean Hoyt & Robert Frederick Mall v. United States
  252 F.2d 460· 10th Cir.· 1958-01-27 ·cited 20×
  The court held that the trial court did not abuse its discretion in denying appellants' motions to withdraw their guilty pleas, as the pleas were entered voluntarily and with understanding of their rights.
• Tasker v. State
  48 So. 3d 798· Fla.· 2010-11-10 ·cited 19×
  The Florida Supreme Court held that a defendant may challenge scoresheet errors in the Criminal Punishment Code for the first time after revocation of probation by filing a rule 3.800(b)(2) motion, thereby preserving the issue for appellate review. The Court resolved a conflict b
• Geeta Panchu v. State
  1 So. 3d 1243· Fla. 4th DCA· 2009-02-11 ·cited 19×·via Knowing And Voluntary Plea
  The court held that a defendant is entitled to an evidentiary hearing on a motion to withdraw a plea if the allegations are not conclusively rebutted by the record, even if the defendant does not explicitly state they would not have pleaded guilty but for counsel's alleged misadv
• Hettick v. State
  977 So. 2d 797· Fla. 2d DCA· 2008-04-04 ·cited 19×·via Involuntary Plea
  Michael Hettick appealed the denial of his motion to correct an allegedly illegal sentence, claiming his concurrent sentences exceeded his negotiated plea agreement's "83 mos FSP cap concurrent" provision. The Florida District Court of Appeal reversed and remanded, finding that w
• United States v. Jones
  977 F.2d 105· 4th Cir.· 1992-09-24 ·cited 19×
  The court held that federal sentencing proceedings are not appropriate forums for reviewing the constitutionality of a defendant's prior state convictions.
• Laycock v. State OF NEW Mexico
  880 F.2d 1184· 10th Cir.· 1989-07-26 ·cited 19×·via Involuntary Plea
  The court held that the district court's denial of the habeas corpus petition was correct, affirming the judgment.
• White v. State
  531 So. 2d 711· Fla.· 1988-09-29 ·cited 19×
  A trial judge has the authority to depart from sentencing guidelines when the departure is part of the terms of a plea agreement, and the defendant knowingly and voluntarily agrees to it.
• Slicker v. Louie L. Wainwright
  809 F.2d 768· 11th Cir.· 1987-02-12 ·cited 19×·via Involuntary Plea
  The court held that the district court must determine if the appellant's allegations satisfy the standard set forth in Hill v. Lockhart regarding ineffective assistance of counsel and prejudice from faulty legal advice.
• Gaddy v. Linahan
  780 F.2d 935· 11th Cir.· 1986-01-22 ·cited 19×·via Involuntary Plea
  The court held that a guilty plea must be knowing and voluntary, requiring the defendant to understand the elements of the charge, and that the reading of an indictment alone may be insufficient for a defendant of minimal mental capacity.
• Seymour X Cotton, Jr. v. Mabry
  674 F.2d 701· 8th Cir.· 1982-03-31 ·cited 19×
  The court held that the petitioner's delay in attacking his 1969 guilty plea was not unreasonable and the state's destruction of evidence did not establish prejudice to bar review under laches.
• United States v. Marzgliano
  588 F.2d 395· 3d Cir.· 1978-11-27 ·cited 19×
  The court held that the Interstate Agreement on Detainers was not violated because the transfer was under a writ of habeas corpus ad prosequendum, but reversed the denial of a hearing on the voluntariness of the guilty plea based on alleged attorney misrepresentations.
• United States v. Hollis
  569 F.2d 199· 3d Cir.· 1977-12-29 ·cited 19×
  The court held that the trial court erred in placing the burden of proving incompetency on the habeas petitioner when the issue of competency was raised but not litigated prior to conviction.
• Autry Lee Jones v. Henderson
  549 F.2d 995· 5th Cir.· 1977-03-31 ·cited 19×·via Knowing And Voluntary Plea
• Hurst v. United States
  180 F.2d 835· 10th Cir.· 1950-02-17 ·cited 19×
  The court held that the trial court's finding that the appellant's guilty pleas were freely, intelligently, and voluntarily entered was amply supported by the evidence.
• State v. Vernson Edward Dortch
  317 So. 3d 1074· Fla.· 2021-05-20 ·cited 18×·via Involuntary Plea
  Florida Supreme Court reversed a Fourth District appellate decision that recognized a "fundamental error" exception to the requirement that a defendant must file a motion to withdraw a guilty plea before appealing claims of involuntariness. The Court held that no such exception e
• Krautheim v. State
  38 So. 3d 802· Fla. 2d DCA· 2010-06-11 ·cited 18×
  Justin Krautheim appealed the denial of his motion to withdraw his plea to violating probation. The court reversed and remanded, holding that Krautheim was entitled to conflict-free counsel and an evidentiary hearing on his motion, as the circuit court erred in summarily denying
• Miller v. State
  814 So. 2d 1131· Fla. 5th DCA· 2002-04-05 ·cited 18×
  The court held that a defendant seeking to withdraw a guilty plea based on newly discovered evidence must demonstrate manifest injustice, which the appellant failed to do.
• Jireh Kleppinger v. State
  760 So. 2d 1045· Fla. 2d DCA· 2000-06-16 ·cited 18×·via Voluntary And Intelligent Guilty Plea
  Affirmed burglary conviction but allowed defendant to challenge plea validity under Rule 3.850 because the 1995 sentencing guidelines scoresheet used at sentencing violated Florida's single subject rule.
• Austin v. State
  756 So. 2d 1080· Fla. 4th DCA· 2000-04-19 ·cited 18×·via Involuntary Plea
  Jeffery Austin appealed the denial of his motion to correct an illegal sentence for armed kidnapping, arguing he was erroneously sentenced as a habitual offender for an offense that was not subject to habitualization under the 1991 statute. The court affirmed the denial of the fi
• Roan Peart v. State
  754 So. 2d 723· Fla. 4th DCA· 1999-08-04 ·cited 18×·via Involuntary Plea
  Roan Peart appealed the denial of his petition for writ of error coram nobis, claiming his guilty plea was involuntary because the trial judge did not orally advise him of potential deportation consequences. The Florida Fourth District Court of Appeal affirmed the denial, holding
• J.M.B. v. State
  750 So. 2d 654· Fla. 2d DCA· 1999-06-25 ·cited 18×
  J.M.B., a juvenile adjudicated delinquent in multiple cases, appealed contesting the voluntariness of his guilty pleas and claiming inadequate plea colloquies. The court held that while the plea colloquies were inadequate, a juvenile cannot challenge plea voluntariness on direct
• LaMONICA v. State
  732 So. 2d 1175· Fla. 4th DCA· 1999-04-21 ·cited 18×·via Involuntary Plea
  The court held that the defendant's allegations of counsel's affirmative misinformation about plea consequences were sufficient to require an evidentiary hearing.
• Hinds v. State
  726 So. 2d 812· Fla. 5th DCA· 1999-01-22 ·cited 18×
  A defendant's plea is not rendered involuntary solely because the trial court failed to orally warn of deportation if the written plea agreement contained such a warning and the defendant affirmed understanding of it under oath.
• Davis v. State
  697 So. 2d 957· Fla. 2d DCA· 1997-08-01 ·cited 18×
  The court held that the trial court erred in denying the defendant's motion for postconviction relief because the record did not conclusively refute his claim of ineffective assistance of counsel based on misadvice about concurrent sentences.
• Franklin v. State
  645 So. 2d 166· Fla. 4th DCA· 1994-11-23 ·cited 18×
  Maurice Franklin appealed the summary denial of his Rule 3.850 motion for relief, challenging his guilty plea to second-degree murder. The court affirmed denial of his claims regarding involuntary confession and ineffective assistance of counsel, but reversed and remanded regardi
• Parker v. State
  611 So. 2d 1224· Fla.· 1992-10-15 ·cited 18×
  Norman Parker appeals the denial of his Rule 3.850 motion for postconviction relief following his conviction for a 1978 murder, sexual battery, robbery, and other felonies, and his death sentence. The Florida Supreme Court affirms, finding most claims procedurally barred and thos
• United States v. Mims
  928 F.2d 310· 9th Cir.· 1991-03-14 ·cited 18×
  The court held that the defendant's prior Florida conviction was valid for career offender sentencing because the plea was voluntary and counsel was not ineffective.
• Chichakly v. United States
  926 F.2d 624· 7th Cir.· 1991-02-21 ·cited 18×
  The court held that the defendant's claims of ineffective assistance of counsel and incompetence to plead guilty were without merit, affirming the denial of his habeas corpus petition.
• United States v. Erwin Darrell Newman
  912 F.2d 1119· 9th Cir.· 1990-08-30 ·cited 18×
  The court held that the defendant bears the burden of proving the constitutional invalidity of a prior conviction used in calculating his criminal history score, and that the defendant failed to meet this burden based on the state court transcript.
• United States v. Wildes
  910 F.2d 1484· 7th Cir.· 1990-08-23 ·cited 18×
  The court held that a prior guilty plea, even if the judge misspoke on the elements of the crime, is valid if the defendant understood the charge and the plea was voluntary. The court also held that two separate convictions, even if the defendant desired consolidation, count as d
• Shaffner v. State
  562 So. 2d 430· Fla. 1st DCA· 1990-06-18 ·cited 18×·via Involuntary Plea
  Shaffner appealed the denial of his Rule 3.850 postconviction motion, claiming his guilty plea to escape was involuntarily induced by his attorney's misrepresentation regarding gain-time consequences. The court affirmed the denial, finding the motion facially insufficient because