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

• Conley v. State
  160 So. 2d 752· Fla. 1st DCA· 1964-02-18 ·cited 18×
  Carl Conley appealed the denial of his motion for relief from a 1959 guilty plea to robbery, breaking and entering, and grand larceny convictions. The Florida appellate court affirmed the denial, holding that Conley's claims—based on an alleged plea bargain with the sheriff, inad
• Sullivan v. United States
  315 F.2d 304· 10th Cir.· 1963-04-05 ·cited 18×
  A guilty plea, if voluntary, renders moot any prior illegal arrest or inadmissible confession.
• Zaffarano v. United States
  306 F.2d 707· 9th Cir.· 1962-08-01 ·cited 18×
  The court held that the district court erred in denying, without a hearing, the defendant's motion to withdraw his guilty plea based on allegations that the plea was induced by promises.
• Shelton v. United States
  292 F.2d 346· 7th Cir.· 1961-07-13 ·cited 18×
  A guilty plea does not necessarily preclude a challenge to the conviction based on constitutional violations occurring prior to the plea, especially when the plea may have been involuntary.
• L. v. Hill
  110 So. 2d 464· Fla. 2d DCA· 1959-04-01 ·cited 18×
  A guilty plea must be entirely voluntary by one competent to know its consequences, and must be withdrawn when the record shows the defendant was ignorant, illiterate, without counsel, unaware of his rights including self-defense, and unable to comprehend the legal proceedings, p
• Kennedy v. United States
  249 F.2d 257· 5th Cir.· 1957-11-06 ·cited 18×
  A district court must hold a hearing on a motion to vacate a sentence under 28 U.S.C.A. § 2255 if the motion asserts a guilty plea was entered without the prisoner's understanding and the record does not conclusively refute this contention.
• Behrens v. Hironimus
  170 F.2d 627· 4th Cir.· 1948-11-08 ·cited 18×
  The court held that the petitioner failed to prove denial of federal constitutional rights, and her waiver of counsel and guilty plea were voluntary and intelligent.
• Ward v. State
  156 Fla. 185· Fla.· 1945-07-27 ·cited 18×
  Otis Ward appeals two convictions for selling whiskey without a license after pleading guilty. The Florida Supreme Court reverses because Ward's guilty pleas were induced by promises of leniency from a state officer, and the trial court abused its discretion in refusing to allow
• Blood v. Hunter
  150 F.2d 640· 10th Cir.· 1945-06-25 ·cited 18×
  The court held that a voluntary guilty plea negates claims of illegal detention affecting the conviction, even if a confession was obtained during that detention.
• Jabari Markeith Hird v. State
  204 So. 3d 483· Fla. 5th DCA· 2016-07-15 ·cited 17×
  The court held that the lower court erred in summarily denying one ground of the defendant's motion for post-conviction relief, as the claim of ineffective assistance of counsel due to entering a plea while medicated was facially sufficient and not conclusively refuted by the rec
• Doty v. State
  170 So. 3d 731· Fla.· 2015-07-09 ·cited 17×
  Wayne C. Doty, serving a life sentence for a prior murder, was convicted of first-degree murder and sentenced to death for killing fellow inmate Xavier Rodriguez at Florida State Prison. The Florida Supreme Court affirmed the conviction and death sentence, rejecting challenges to
• Simon v. State
  997 So. 2d 490· Fla. 4th DCA· 2008-12-17 ·cited 17×·via Involuntary Plea
  Paul Simon appealed a trial court's summary denial of his Florida Rule of Criminal Procedure 3.850 motion for postconviction relief asserting ineffective assistance of counsel. The court affirmed the denial of his first claim regarding a defective charging document but reversed a
• Dumenigo v. State
  988 So. 2d 1201· Fla. 3d DCA· 2008-08-13 ·cited 17×·via Involuntary Plea
  Alberto Dumenigo appealed an order denying his motion to vacate a 1997 guilty plea based on inadequate warnings about immigration consequences. The Florida Third District Court of Appeal affirmed, holding that because Dumenigo was independently deportable under a 1988 conviction,
• Coppola v. State
  938 So. 2d 507· Fla.· 2006-06-22 ·cited 17×
  The Florida Supreme Court resolved a conflict among district courts regarding whether Heggs v. State's decision declaring the 1995 sentencing guidelines unconstitutional constitutes newly discovered evidence and whether a defendant who negotiated a plea for a specific sentence is
• Ragoobar v. State
  893 So. 2d 647· Fla. 4th DCA· 2005-02-16 ·cited 17×·via Involuntary Plea
  A defendant's claim that his plea was involuntary due to attorney misrepresentation regarding sentencing is conclusively refuted by the record if the trial court's plea colloquy clearly informed the defendant of the potential sentence and the lack of a guaranteed outcome.
• Nelson v. State
  780 So. 2d 294· Fla. 1st DCA· 2001-03-19 ·cited 17×·via Involuntary Plea
  Michael Nelson appealed the trial court's denial of his motion to withdraw a guilty plea, arguing he should have been informed that conviction would result in sexual predator/offender designation and registration requirements. The First District affirmed, holding that such design
• Johnson v. State
  776 So. 2d 1024· Fla. 1st DCA· 2001-01-22 ·cited 17×·via Knowing And Voluntary Plea
  The court held that allegations of erroneous sentencing advice and claims for additional jail credit are sufficient to warrant an evidentiary hearing or attachment of refuting record portions. The court also held that a probationer must be advised of the potential consequences of
• State v. Hossain Rajaee
  745 So. 2d 469· Fla. 5th DCA· 1999-11-19 ·cited 17×·via Involuntary Plea
  A defendant's personal mistake concerning his citizenship status, not attributable to the court or government, does not render a plea involuntary and does not constitute grounds for withdrawal under Florida Rule of Criminal Procedure 3.170(i). The trial court must follow the proc
• Datoral Smith v. State
  741 So. 2d 579· Fla. 3d DCA· 1999-08-25 ·cited 17×·via Involuntary Plea
  Datoral Smith appealed his conviction for home invasion robbery and two counts of burglary with assault. The court reversed and remanded, finding that one conviction was subsumed by the other, one duplicate count should be vacated, and the defendant's plea agreement was based on
• Helms v. State
  573 So. 2d 116· Fla. 2d DCA· 1991-01-04 ·cited 17×
  Bobby Helms appeals the denial of his motion for postconviction relief, challenging his no-contest plea on grounds of ineffective assistance of counsel and involuntary plea. The court reversed, holding that the voluntariness of a plea can be undercut by erroneous advice regarding
• Stano v. Dugger
  921 F.2d 1125· 11th Cir.· 1991-01-02 ·cited 17×
  Gerald Eugene Stano appealed the denial of his federal habeas corpus petition challenging his death sentences for two murders, raising claims of self-representation and ineffective assistance of counsel under the Sixth Amendment. The Eleventh Circuit en banc held that Stano's gui
• Ramee Jamal Shah v. United States
  878 F.2d 1156· 9th Cir.· 1989-06-26 ·cited 17×
  The court held that the district court did not err in denying an evidentiary hearing on most of the defendant's claims, but erred in denying the claim regarding the $50 special assessment.
• Eggleston v. United States
  798 F.2d 374· 9th Cir.· 1986-08-28 ·cited 17×·via Knowing And Voluntary Plea
  The court held that the defendant's guilty plea was entered voluntarily and knowingly, and that his appointed counsel provided effective assistance.
• Smith v. Blackburn
  785 F.2d 545· 5th Cir.· 1986-03-24 ·cited 17×·via Involuntary Plea
  The state's failure to adhere to a plea bargain, which induced a guilty plea, invalidates the plea and renders it involuntary, entitling the petitioner to habeas corpus relief.
• United States v. Hedgecoe
  420 F.2d 458· 4th Cir.· 1970-01-26 ·cited 17×
  A guilty plea is not voluntary if the defendant does not understand that their admitted conduct constitutes the offense charged.
• United States v. Miller
  293 F.2d 697· 2d Cir.· 1961-08-07 ·cited 17×
  A violation of Federal Rule of Criminal Procedure 5(a) is not a basis for vacating a conviction entered upon a voluntary plea of guilty, and the failure to observe the allocution requirement of Rule 32(a) does not warrant vacating a judgment of conviction.
• Long v. United States
  290 F.2d 606· 9th Cir.· 1961-04-03 ·cited 17×
  The court held that the appellant's guilty plea was voluntary, despite potential issues with pre-arraignment confinement and the lack of explicit inquiry into voluntariness at the time of the plea.
• Jimenez v. State
  993 So. 2d 553· Fla. 2d DCA· 2008-10-15 ·cited 16×·via Involuntary Plea
  Rafael Jimenez appealed the denial of his Rule 3.850 postconviction motion challenging the effectiveness of his trial counsel. The appellate court affirmed the denial of most claims but reversed the summary denial of portions of claims two and seven concerning ineffective assista
• Iric v. Spears
  912 So. 2d 694· Fla. 2d DCA· 2005-10-26 ·cited 16×·via Involuntary Plea
  The court held that the trial court erred in denying the motion for postconviction relief without attaching record portions that conclusively refuted the defendant's claims.
• Brendon John Boule v. State
  884 So. 2d 1023· Fla. 2d DCA· 2004-10-13 ·cited 16×·via Involuntary Plea
  The court held that the record did not conclusively refute the defendant's claim that his plea was involuntary due to attorney misadvice regarding the certainty of a life sentence, requiring an evidentiary hearing.
• Miles Lee Brown v. State
  835 So. 2d 402· Fla. 2d DCA· 2003-01-31 ·cited 16×·via Involuntary Plea
  Miles Brown appeals the denial of his motion to withdraw his guilty plea, claiming he was denied conflict-free counsel at the hearing on that motion. The court reversed, holding that when a defendant seeks to withdraw a plea on grounds that it was coerced by counsel and has raise
• Weitz v. State
  795 So. 2d 1021· Fla. 2d DCA· 2001-09-05 ·cited 16×·via Voluntary And Intelligent Guilty Plea
  Joseph Weitz appeals the denial of his 3.850 motion for postconviction relief, claiming his guilty plea was involuntary due to ineffective assistance of counsel. The court affirms the denial of most claims but reverses as to Weitz's allegation that counsel failed to advise him of
• Forrest Bill Dooley v. State
  789 So. 2d 1082· Fla. 1st DCA· 2001-06-18 ·cited 16×·via Involuntary Plea
  This case concerns whether a defendant who enters a guilty plea can raise an involuntary plea claim in a postconviction motion under Florida Rule 3.850 after failing to raise it in a timely motion to withdraw the plea under Rule 3.170(i). The court held that involuntary plea clai
• Graham v. State
  779 So. 2d 604· Fla. 2d DCA· 2001-02-28 ·cited 16×·via Involuntary Plea
  Harold Graham sought to withdraw his guilty plea prior to sentencing after discovering that his attorney had given him mistaken advice regarding a collateral consequence of the plea. The Florida appellate court held that Graham established good cause for withdrawal because his pl
• Bedford v. State
  775 So. 2d 402· Fla. 4th DCA· 2000-12-27 ·cited 16×·via Involuntary Plea
  Eric Bedford appealed the summary denial of his rule 3.850 postconviction relief motion. The court held that when a defendant disputes jail credit awarded by the Department of Corrections, the proper remedy is a mandamus petition, not a rule 3.850 motion, and reversed and remande
• Smith v. State
  719 So. 2d 1017· Fla. 4th DCA· 1998-11-04 ·cited 16×·via Involuntary Plea
  Edward F. Smith appeals the summary denial of his rule 3.850 motion for postconviction relief based on ineffective assistance of counsel. The Fourth District Court of Appeal reversed in part, finding that Smith's claim that counsel failed to investigate voluntary intoxication as
• Johnson v. State
  711 So. 2d 112· Fla. 1st DCA· 1998-04-27 ·cited 16×
  The Florida District Court of Appeal reversed the circuit court's denial of Eric Johnson's Rule 3.850 post-conviction motion because the court erred in failing to appoint counsel for Johnson at his evidentiary hearing on a claim of ineffective assistance of trial counsel.
• Days v. State
  637 So. 2d 66· Fla. 1st DCA· 1994-05-18 ·cited 16×
• Sims v. State
  637 So. 2d 21· Fla. 4th DCA· 1994-05-11 ·cited 16×
  The court held that the defendant's challenges to his conviction, sentence, and restitution order lacked merit, affirming the trial court's decision.
• Trujillo-Pentate v. State
  609 So. 2d 72· Fla. 1st DCA· 1992-11-19 ·cited 16×·via Voluntary And Intelligent Guilty Plea
  Guillermo Trujillo-Pentate appealed his nolo contendere plea and habitual felony offender sentence for drug and firearms offenses. Although the state moved to dismiss based on the no-appeal rule for nolo contendere pleas, the court found it had jurisdiction over the sentencing is
• United States v. Bruce
  976 F.2d 552· 9th Cir.· 1992-10-01 ·cited 16×
  A district judge's participation in plea bargaining discussions violates Fed. R. Crim. P. 11(e)(1), entitling a defendant to withdraw their guilty plea. Additionally, failure to adequately inform a defendant of the nature of the charges violates Fed. R. Crim. P. 11(c)(1), also re
• Mantle v. State
  592 So. 2d 1190· Fla. 5th DCA· 1992-01-17 ·cited 16×
  William Chad Mantle appeals his convictions and sentences for sexual battery and burglary, arguing the trial court erred by denying his request to withdraw his nolo contendere pleas when the imposed sentences grossly exceeded the state's recommendations. The court reversed and re
• Reutter v. State
  590 So. 2d 1133· Fla. 2d DCA· 1992-01-03 ·cited 16×·via Involuntary Plea
  David Reutter appeals the summary denial of his Rule 3.850 postconviction motion challenging his guilty plea to capital murder. The court reversed the summary denial of two allegations—that his plea was involuntary due to psychotherapeutic medication and that counsel was ineffect
• United States v. Knorr
  942 F.2d 1217· 7th Cir.· 1991-09-16 ·cited 16×·via Knowing And Voluntary Plea
  The court held that the district court did not abuse its discretion in denying the defendant's motion to withdraw his guilty plea, denying his motion for a continuance, or refusing to grant a reduction for acceptance of responsibility.
• Humphries v. State
  563 So. 2d 1124· Fla. 2d DCA· 1990-07-06 ·cited 16×
• United States v. Woods
  870 F.2d 285· 5th Cir.· 1989-04-17 ·cited 16×·via Knowing And Voluntary Plea
  A federal prisoner's failure to demonstrate prima facie constitutional error in his guilty plea proceedings, even with a lost transcript, warrants denial of habeas corpus relief.
• Politte v. United States
  852 F.2d 924· 7th Cir.· 1988-07-12 ·cited 16×
  A guilty plea is voluntary even if influenced by concern for a spouse's sentence, provided the prosecution of the third party is in good faith and the plea agreement is properly entered.
• Waterhouse v. Rodriguez
  848 F.2d 375· 2d Cir.· 1988-06-03 ·cited 16×·via Involuntary Plea
  The court held that while the petitioner exhausted his Sixth Amendment claim, the per se rule from Solina v. United States does not apply when counsel is disbarred during a pretrial proceeding but withdraws upon learning of the disbarment and had no incentive to fear exposure fro
• United States v. Lumpkins
  845 F.2d 1444· 7th Cir.· 1988-05-03 ·cited 16×
  A guilty plea is not rendered involuntary by a defendant's potential confusion about a defense, especially when the court clarifies the burden of proof and the defense itself is implausible.
• Matthews v. Butler
  833 F.2d 1165· 5th Cir.· 1987-12-15 ·cited 16×
  The court held that the petitioner's habeas petition was properly dismissed under Rule 9(b) for abuse of the writ, as he failed to provide a sufficient excuse for not raising the claims in a prior petition.