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

• Gallegos v. COX
  358 F.2d 703· 10th Cir.· 1966-03-25 ·cited 16×·via Knowing And Voluntary Plea
  The court held that the information was not unconstitutionally vague and that the guilty plea was knowing and voluntary.
• Sobota v. COX
  355 F.2d 368· 10th Cir.· 1966-01-03 ·cited 16×
  The court held that the trial court erred in dismissing the petition without adequate factual findings and remanded for further proceedings.
• Reed v. United States
  354 F.2d 227· 5th Cir.· 1965-12-16 ·cited 16×
  The court held that the appellant was denied his right to counsel when entering his guilty plea, as no offer of counsel was made. The district court erred in dismissing the petition without a hearing.
• United States ex rel. James W. McDonald v. Commonwealth OF Pa.
  343 F.2d 447· 3d Cir.· 1965-03-29 ·cited 16×·via Voluntary And Intelligent Guilty Plea
  The court held that the lower court erred in denying the habeas corpus petition without a sufficient factual record and remanded for reconsideration.
• United States v. Orlando
  327 F.2d 185· 6th Cir.· 1964-01-30 ·cited 16×
  The court held that a district judge has discretion to deny a second motion to vacate sentence under 28 U.S.C. § 2255 if the grounds were previously considered and found without merit, and the alleged factual issue lacks sufficient substance for a hearing.
• Burns v. United States
  323 F.2d 269· 5th Cir.· 1963-09-27 ·cited 16×
  A voluntary guilty plea waives a previously attained immunity from prosecution, precluding further inquiry into the immunity claim.
• United States v. Davis
  319 F.2d 482· 6th Cir.· 1963-06-25 ·cited 16×
  A defendant's guilty plea, entered with counsel and understanding, cannot be collaterally attacked over a year later based on allegations contradicted by the arraignment record.
• la Rocca v. State
  151 So. 2d 64· Fla. 2d DCA· 1963-03-20 ·cited 16×
  Thomas La Rocca appealed the denial of his petition for a writ of error coram nobis challenging his guilty plea to breaking and entering. La Rocca alleged his confession and plea were coerced through police promises of probation, threats from a co-defendant, and unlawful detentio
• Edgerton v. State OF N.C.
  315 F.2d 676· 4th Cir.· 1963-03-14 ·cited 16×·via Knowing And Voluntary Plea
  The court held that the district court erred in denying the habeas corpus petition without a plenary hearing, as the petition alleged facts not patently frivolous or false when considered against the record.
• Peters v. United States
  312 F.2d 481· 8th Cir.· 1963-01-29 ·cited 16×
  The court held that a prior denial of a motion under 28 U.S.C. § 2255 for similar relief bars a second or successive motion, and that the issues raised were previously and properly disposed of.
• Bennie Ray Hobbs v. Cochran
  143 So. 2d 481· Fla.· 1962-07-27 ·cited 16×
  Bennie Ray Hobbs challenged his conviction on habeas corpus, claiming he lacked counsel and was denied proper mental examination despite entering a qualified plea of guilty due to insanity. The Florida Supreme Court vacated his sentence and remanded for new proceedings, holding t
• Barnhart v. United States
  270 F.2d 866· 10th Cir.· 1959-09-26 ·cited 16×
  A voluntary guilty plea renders prior procedural irregularities, such as unnecessary delay in presentment or an involuntary confession, irrelevant to a motion to vacate sentence.
• United States v. Nigro
  262 F.2d 783· 3d Cir.· 1959-01-29 ·cited 16×
  The appellate court held that the trial court did not abuse its discretion in refusing to allow the defendant to withdraw his guilty pleas.
• Dodd v. United States
  196 F.2d 190· 10th Cir.· 1952-04-18 ·cited 16×
  The court held that the trial court's acceptance of guilty pleas resolved the issue of mental capacity, and the subsequent findings on coercion claims were supported by evidence, precluding collateral attack.
• Tarkington v. United States
  194 F.2d 63· 4th Cir.· 1952-01-28 ·cited 16×
  The court held that the mere failure to comply with certain procedural rules, such as prompt presentment to a commissioner or providing a copy of the indictment, does not void a conviction if the plea of guilty was voluntary and entered with the advice of counsel.
• C.C. v. State
  150 So. 3d 216· Fla. 4th DCA· 2014-04-23 ·cited 15×
  When a juvenile defendant identifies errors in a trial court's acceptance of a plea or specification of sentence in an Anders appeal, the appellate court must affirm if those errors were not preserved by appropriate motions under Florida Rule of Juvenile Procedure 8.135(b).
• McCOY v. State
  132 So. 3d 756· Fla.· 2013-12-19 ·cited 15×
  Thomas McCoy appeals his death sentence for the first-degree murder of Curtis Brown, a Coca-Cola technician, whom McCoy lured to a college campus via a fake service call. The Florida Supreme Court affirmed McCoy's conviction and death sentence, rejecting his challenges to the col
• Thompson v. State
  50 So. 3d 1208· Fla. 4th DCA· 2010-12-29 ·cited 15×·via Involuntary Plea
  Thompson appealed the denial of his motion to withdraw a no-contest plea to marijuana possession, claiming his plea was involuntary because he was not informed of the mandatory license suspension. The appellate court affirmed the denial, finding the record conclusively showed the
• Vestal v. State
  50 So. 3d 733· Fla. 5th DCA· 2010-12-17 ·cited 15×
  Shirley Vestal appealed her convictions for burglary and grand theft, arguing the trial court erred by conducting her sentencing without first holding a competency hearing despite invoking the competency procedures. The Florida Fifth District Court of Appeal reversed and remanded
• White v. State
  15 So. 3d 833· Fla. 2d DCA· 2009-07-24 ·cited 15×
  The court held that a defendant's motion to withdraw a guilty plea, alleging counsel misled him, is legally sufficient and requires an evidentiary hearing if not conclusively refuted by the record.
• Townsend v. State
  927 So. 2d 1064· Fla. 4th DCA· 2006-05-10 ·cited 15×·via Involuntary Plea
  A plea is involuntary if the defendant is not informed of a mandatory minimum sentence, and a written form is insufficient without verification of understanding.
• Dayton v. State
  867 So. 2d 647· Fla. 5th DCA· 2004-03-19 ·cited 15×
  The court held that a motion to withdraw a plea filed more than thirty days after sentencing is untimely and waives appellate review of issues related to the plea.
• Foster v. State
  794 So. 2d 731· Fla. 3d DCA· 2001-09-19 ·cited 15×·via Involuntary Plea
  Douglas Foster appeals the denial of his motion for postconviction relief under Florida Rule of Criminal Procedure 3.850, arguing his no contest plea was involuntary because it was based on an unconstitutional 1995 sentencing guidelines scoresheet. The court affirms, holding that
• Tavares Derel Gibson v. State
  792 So. 2d 1278· Fla. 4th DCA· 2001-09-05 ·cited 15×·via Involuntary Plea
  The court held that the trial court erred in summarily denying the motion for post-conviction relief without attaching sufficient record documentation to refute the claim.
• Wuornos v. State
  676 So. 2d 972· Fla.· 1996-05-09 ·cited 15×
  Aileen Wuornos was convicted of first-degree murder and sentenced to death for killing Walter Antonio during a robbery. The Florida Supreme Court affirmed her conviction and death sentence, rejecting her challenges to her guilty plea, jury instructions, and the trial court's weig
• Lesko v. Lehman
  925 F.2d 1527· 3d Cir.· 1991-02-11 ·cited 15×·via Knowing And Voluntary Plea
  The court held that the district court erred in failing to hold an evidentiary hearing on Lesko's claim that his guilty plea was used in violation of due process, and that prosecutorial comments tainted the jury's sentencing determination.
• Panno v. State
  517 So. 2d 129· Fla. 4th DCA· 1987-12-30 ·cited 15×
  Thomas Panno appeals the revocation of his probation and denial of his motion to withdraw a guilty plea entered six years earlier. The court affirms, holding that while Panno was incorrectly advised of the maximum penalty for kidnapping, he failed to timely appeal and therefore c
• Modesto Monte v. State
  443 So. 2d 339· Fla. 2d DCA· 1983-12-28 ·cited 15×
  Monte appeals his conviction and sentence for attempted second-degree murder, challenging the trial court's use of an interpreter during his guilty plea and the failure to appoint an interpreter for sentencing. The court affirmed the conviction but reversed and remanded for resen
• United States v. Unger
  665 F.2d 251· 8th Cir.· 1981-12-08 ·cited 15×
• United States v. Lucius McKOY
  645 F.2d 1037· D.C. Cir.· 1981-02-23 ·cited 15×
  The court held that the district court did not abuse its discretion in denying the defendant's motion to withdraw his guilty pleas.
• Entrekin v. United States
  508 F.2d 1328· 8th Cir.· 1974-12-16 ·cited 15×
  The court affirmed the denial of the defendant's motions to vacate sentences, finding that his claims were either not cognizable under § 2255, were matters of trial error, or were unsupported by the record.
• Waddy v. Heer
  383 F.2d 789· 6th Cir.· 1967-10-10 ·cited 15×
  The court held that the petitioners' guilty pleas were not rendered involuntary by the alleged police coercion, the trial judge's participation in sentence discussions, or the absence of counsel at certain stages, and that the racial designation on the indictment did not vitiate
• Harris v. United States
  338 F.2d 75· 9th Cir.· 1964-11-05 ·cited 15×·via Knowing And Voluntary Plea
  The court held that a guilty plea waives objections to evidence acquisition and that a judge's relationship to a bankruptcy trustee, when disclosed and consented to by the defendant, does not require disqualification.
• Pinkney v. State
  160 Fla. 884· Fla.· 1948-10-15 ·cited 15×
  A trial court may impose sentence at a later term without a hearing on good behavior, absent specific conditions or probation.
• Altersberger v. State
  103 So. 3d 122· Fla.· 2012-09-06 ·cited 14×·via Knowing And Voluntary Plea
  Joshua Lee Altersberger appeals his conviction and death sentence for first-degree murder of Florida Highway Patrol Sergeant Nick Sottile. The Florida Supreme Court affirmed his conviction and sentence, rejecting challenges to the cold, calculated, and premeditated aggravator, th
• Lyell v. State
  872 So. 2d 447· Fla. 2d DCA· 2004-05-14 ·cited 14×
  The court affirmed the denial of Lyell's untimely and unsworn motion to withdraw his guilty plea to aggravated battery, holding that the motion was procedurally deficient and filed outside the two-year window for rule 3.850 challenges.
• McKOWEN v. State
  831 So. 2d 794· Fla. 5th DCA· 2002-12-06 ·cited 14×·via Involuntary Plea
  John McKowen appealed the summary denial of his rule 3.850 motion challenging his no-contest plea, arguing that his counsel misadvised him about whether resulting convictions could be used as prior felonies for sentencing purposes. The Fifth District Court of Appeal affirmed the
• Robinson v. State
  829 So. 2d 984· Fla. 1st DCA· 2002-11-07 ·cited 14×·via Involuntary Plea
  Michael Robinson challenged a summary denial of his Rule 3.850 motion claiming ineffective assistance of counsel and an illegal sentence. The court affirmed the denial of his first two claims but reversed and remanded his third claim regarding the illegality of consecutive senten
• Hipps v. State
  790 So. 2d 583· Fla. 1st DCA· 2001-08-01 ·cited 14×·via Involuntary Plea
  The court affirmed the denial of a motion to correct sentence under Rule 3.800(b)(2) because the defendant's negotiated plea was based on a specific term of years rather than the sentencing guidelines minimum, though the defendant may pursue relief under Rule 3.850 claiming invol
• Eulo v. State
  786 So. 2d 43· Fla. 4th DCA· 2001-05-11 ·cited 14×·via Involuntary Plea
  The Florida District Court of Appeal reversed a trial court's decision to impose a five-year sentence on a defendant who was late for her plea hearing. The appellate court found the delay to be de minimis and involuntary, thus entitling the defendant to the bargained-for 180-day
• Lemar v. State
  751 So. 2d 603· Fla. 2d DCA· 1999-07-14 ·cited 14×
  The court reversed the three-year minimum mandatory term imposed for aggravated assault with a firearm because the trial court's written sentence did not conform to its oral pronouncement of aggravated assault with a weapon, while affirming convictions without prejudice to raisin
• Catinella v. State
  732 So. 2d 444· Fla. 4th DCA· 1999-05-05 ·cited 14×
  A defendant should be allowed to withdraw a plea when the plea agreement is based on an improperly calculated sentencing scoresheet.
• Regan v. State
  730 So. 2d 828· Fla. 1st DCA· 1999-04-13 ·cited 14×·via Involuntary Plea
  Timothy Regan challenged his guilty pleas under Florida Rule of Criminal Procedure 3.850, claiming his court-appointed counsel ineffectively advised him that his sentences would run concurrently rather than consecutively. The appellate court reversed the trial court's denial of r
• Watson v. State
  667 So. 2d 242· Fla. 1st DCA· 1995-08-23 ·cited 14×
  In this direct criminal appeal, the court reversed a trial court's denial of Watson's request to withdraw his no contest pleas, finding that the trial court failed to comply with constitutional requirements for ensuring plea voluntariness and intelligence. The court held that bec
• Love v. State
  623 So. 2d 1221· Fla. 1st DCA· 1993-09-10 ·cited 14×·via Voluntary And Intelligent Guilty Plea
  The court held that a motion for post-conviction relief, even if filed late, must be properly sworn to be considered on its merits.
• Cambrick v. State
  593 So. 2d 613· Fla. 2d DCA· 1992-02-14 ·cited 14×
  The court held that some claims of ineffective assistance of counsel warrant further proceedings, while others are facially insufficient or refuted by the record.
• Colon v. State
  586 So. 2d 1305· Fla. 2d DCA· 1991-10-02 ·cited 14×
  Pablo Colon appeals the summary denial of his motion for postconviction relief, alleging his guilty plea to attempted sexual battery was involuntary due to counsel's misinformation about the sentence length and failure to preserve appellate rights. The court reverses and remands,
• Brown v. State
  585 So. 2d 350· Fla. 4th DCA· 1991-08-07 ·cited 14×
  Clifton Brown appeals his guilty pleas to robbery with a deadly weapon, attempted murder, and grand theft, challenging whether the trial court conducted an adequate inquiry into his understanding of the maximum penalties. The court reverses, finding that Brown was not properly in
• Griffin v. State
  573 So. 2d 979· Fla. 5th DCA· 1991-01-24 ·cited 14×·via Involuntary Plea
  Court reversed denial of Rule 3.850 motion to vacate conviction for aggravated battery where trial judge failed to hold evidentiary hearing or attach record portions to refute claims of coerced plea and jail time credit entitlement.
• Shaddy v. Clarke
  890 F.2d 1016· 8th Cir.· 1989-11-28 ·cited 14×
  The court held that the petitioner's habeas corpus claim is procedurally barred due to his failure to file a timely appeal in state court, and he has not exhausted state remedies to establish cause for this default.