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

• Etlinger v. State
  538 So. 2d 1354· Fla. 2d DCA· 1989-02-22 ·cited 14×·via Involuntary Plea
  The court held that the trial court erred in summarily denying the double jeopardy contention because recent supreme court decisions established a new constitutional right that applies retroactively. However, other grounds for relief were procedurally barred.
• United States v. Amin Ataya
  864 F.2d 1324· 7th Cir.· 1988-12-14 ·cited 14×·via Voluntary And Intelligent Guilty Plea
  The court held that the defendant breached his plea agreement by refusing to cooperate further, and therefore the superseding indictment should not have been dismissed.
• Johnson v. State
  523 So. 2d 755· Fla. 2d DCA· 1988-04-15 ·cited 14×·via Involuntary Plea
  James Johnson appeals the summary denial of his motion for postconviction relief challenging the voluntariness of his guilty plea. The court reverses, finding that Johnson made a prima facie showing that his plea was involuntary because he was misinformed about the applicable sen
• Freels v. Norm F. Hills
  843 F.2d 958· 6th Cir.· 1988-04-06 ·cited 14×
  Failure by appellate counsel to strictly conform to Anders v. California requirements for filing a brief is not excused by the Strickland v. Washington prejudice standard, as such failure presumptively denies effective assistance of counsel.
• Ryals v. State
  516 So. 2d 1092· Fla. 5th DCA· 1987-12-17 ·cited 14×
  Bruce Ryals appealed the denial of his motion to withdraw a guilty plea to second degree grand theft, claiming the plea was based on a misunderstanding regarding whether his prior conviction (with adjudication withheld) would count against him. The court reversed, holding that th
• Coleman v. State OF Ala.
  827 F.2d 1469· 11th Cir.· 1987-09-21 ·cited 14×
  The court held that the failure to inform a defendant of the potential benefits of the Alabama Youthful Offender Act before accepting a guilty plea violates federal due process, requiring the plea to be set aside.
• Alfio Ferro v. State
  510 So. 2d 339· Fla. 2d DCA· 1987-07-08 ·cited 14×·via Involuntary Plea
  Alfio Ferro challenged his conviction eight years after sentencing, claiming his right to collaterally attack the conviction was violated by the absence of trial transcripts. The Florida appellate court affirmed the trial court's denial of his Rule 3.850 motions, holding that ind
• United States v. Chiattello
  804 F.2d 415· 7th Cir.· 1986-10-30 ·cited 14×
  The court held that the Mississippi and Indiana conspiracies were separate, thus not violating double jeopardy, and that the indictment sufficiently charged a continuing criminal enterprise.
• BIR v. State
  493 So. 2d 55· Fla. 1st DCA· 1986-08-20 ·cited 14×
  Mark Allen Bir appealed the trial court's summary denial of his second Rule 3.850 motion for post-conviction relief, claiming ineffective assistance of counsel and coercion into pleading nolo contendere. The appellate court affirmed the summary denial, holding that successive ine
• Bonvillain v. Blackburn
  780 F.2d 1248· 5th Cir.· 1986-01-22 ·cited 14×·via Knowing And Voluntary Plea
  The court held that the petitioner failed to establish a broken plea bargain or ineffective assistance of counsel, and thus was not entitled to habeas corpus relief.
• United States v. Nieuwsma
  779 F.2d 1359· 8th Cir.· 1985-12-26 ·cited 14×
  A guilty plea is knowing and intelligent if the defendant understood the nature of the charge, and the indictment and record provided sufficient notice of the intent element.
• Ivory Ferrell v. Music
  484 So. 2d 595· Fla. 4th DCA· 1985-11-06 ·cited 14×
  A prisoner petitioned for a writ of habeas corpus to belatedly appeal the denial of his post-conviction relief motion, claiming he did not receive the trial court's order for seven months due to a mailing delay. The Florida District Court of Appeal granted the petition, finding t
• Garland Ray Gregory, Jr. v. Solem
  774 F.2d 309· 8th Cir.· 1985-10-02 ·cited 14×
  A federal court reviewing a state conviction via habeas corpus must afford a high measure of deference to state court factual findings, and a guilty plea is valid if it is knowing, intelligent, and voluntary, even if the defendant does not fully grasp every nuance of the law.
• Pitts v. United States
  763 F.2d 197· 6th Cir.· 1985-05-30 ·cited 14×
  The court held that a defendant's claim of attorney misadvice regarding maximum sentence exposure, and the trial court's own misstatement of maximum sentence exposure, warrant an evidentiary hearing to determine if the guilty plea was voluntary and intelligent.
• United States v. Khoury
  755 F.2d 1071· 1st Cir.· 1985-03-08 ·cited 14×
  The court held that the government's promise to recommend probation did not create a new binding plea agreement, nor did it render the initial guilty plea involuntary.
• United States v. Johnson
  751 F.2d 291· 8th Cir.· 1984-12-31 ·cited 14×
  The court held that the appellant's sentence was not in excess of the statutory maximum, his guilty plea was voluntary, and his trial counsel was not ineffective.
• United States v. Patterson
  739 F.2d 191· 5th Cir.· 1984-08-13 ·cited 14×·via Involuntary Plea
  The court held that Patterson is entitled to an evidentiary hearing on his claim that he involuntarily pled guilty.
• Little v. Allsbrook
  731 F.2d 238· 4th Cir.· 1984-04-05 ·cited 14×·via Involuntary Plea
  The court held that the defendant was grossly misled regarding parole eligibility, despite the sentence imposed being within the predicted range.
• Kennedy v. Maggio
  725 F.2d 269· 5th Cir.· 1984-02-21 ·cited 14×
  A guilty plea induced by counsel's erroneous advice that the death penalty was applicable, when it was not, renders the plea involuntary and violates the Sixth Amendment right to effective assistance of counsel.
• James Banks, Jr. v. McGOUGAN
  717 F.2d 186· 5th Cir.· 1983-10-14 ·cited 14×·via Knowing And Voluntary Plea
  State courts are not constitutionally required to establish a factual basis for a guilty plea unless the defendant asserts innocence or the court is otherwise put on notice.
• Balderrama v. State
  433 So. 2d 1311· Fla. 2d DCA· 1983-07-01 ·cited 14×
  The court held that the use of an unsworn, biased family member as an interpreter during a change of plea hearing denied the defendant due process.
• Ward v. State
  433 So. 2d 1221· Fla. 3d DCA· 1983-05-31 ·cited 14×·via Knowing And Voluntary Plea
  Michael Ward appeals the denial of his motion to withdraw guilty pleas to 1969 rape charges, arguing he was misinformed by counsel about the death penalty risk. The court holds that because the death penalty was not reinstated for rape of victims over eleven after Furman v. Georg
• United States v. Carroll Burt Rumery
  698 F.2d 764· 5th Cir.· 1983-02-22 ·cited 14×
  A guilty plea induced by demonstrably erroneous advice from appointed counsel regarding the maximum sentence is involuntary and may be withdrawn.
• United States v. Robertson
  698 F.2d 703· 5th Cir.· 1983-02-07 ·cited 14×
  The court held that a not guilty plea with a stipulation of facts is functionally similar to a conditional guilty plea for appeal purposes, but Sepe's prohibition should not be extended to this situation.
• Moya v. W.J. Estelle, Jr.
  696 F.2d 329· 5th Cir.· 1983-01-24 ·cited 14×
  A federal court need not hold an evidentiary hearing on a habeas corpus petition if the petitioner's allegations are contradicted by the existing record, including prior sworn testimony and affidavits.
• Godwin v. United States
  687 F.2d 585· 2d Cir.· 1982-07-30 ·cited 14×
  The court held that the district court's failure to adequately inform the defendant of the nature of the charge and the lack of a sufficient factual basis for his plea, in light of his assertion of facts inconsistent with guilt, constituted substantial defects undermining the val
• Lexington S. Lamb v. Estelle
  667 F.2d 492· 5th Cir.· 1982-02-12 ·cited 14×·via Knowing And Voluntary Plea
  The court held that Rule 8(c) of the Rules Governing Section 2254 Cases requires the appointment of counsel for evidentiary hearings, and the lack of counsel at such a hearing for the 1958 conviction requires vacating the dismissal of that conviction's challenge. The court affirm
• Merlin C. Long v. Lou V. Brewer
  667 F.2d 742· 8th Cir.· 1982-01-08 ·cited 14×
  The court held that the petitioner was not denied effective assistance of counsel and that the Iowa law placing the burden on the defendant to prove intoxication was constitutional.
• United States v. Winley
  638 F.2d 560· 2d Cir.· 1981-01-15 ·cited 14×·via Knowing And Voluntary Plea
  The court held that the district judge did not err in declaring a mistrial and that the admission of redacted guilty plea allocutions of unavailable co-conspirators as declarations against interest was proper.
• Pollinzi v. Estelle
  628 F.2d 417· 5th Cir.· 1980-10-16 ·cited 14×
  The court held that the district court did not err in denying relief on claims of a coerced guilty plea and ineffective assistance of counsel.
• Brown v. Jernigan
  622 F.2d 914· 5th Cir.· 1980-08-01 ·cited 14×
  The court held that the district court did not err in denying the habeas petition, as the petitioner's guilty plea was voluntary and knowing, and other claims lacked merit.
• Sena v. Romero
  617 F.2d 579· 10th Cir.· 1980-03-19 ·cited 14×
  The court held that the trial court erred by placing the burden of proof on the petitioner to show his guilty plea was involuntary, when the record was silent and the burden should have shifted to the government.
• United States v. Beck
  606 F.2d 814· 8th Cir.· 1979-10-04 ·cited 14×·via Knowing And Voluntary Plea
  The court held that the appellant's guilty plea was valid and he received effective assistance of counsel, affirming the denial of his post-conviction petition.
• United States v. Cammisano
  599 F.2d 851· 8th Cir.· 1979-06-01 ·cited 14×
  The court held that the district court failed to comply with Fed.R.Crim.P. 11 when accepting the defendant's guilty plea, necessitating a remand.
• United States v. Boniface
  601 F.2d 390· 9th Cir.· 1979-05-14 ·cited 14×·via Knowing And Voluntary Plea
  The court held that the district court did not err in denying the petitioner's motion to vacate his conviction and sentence under 28 U.S.C. § 2255.
• Britt v. State
  352 So. 2d 148· Fla. 2d DCA· 1977-11-23 ·cited 14×·via Involuntary Plea
  Appellant Britt was convicted and sentenced to 15 years with probation, then violated probation and received 5 years in prison. He sought to withdraw his guilty pleas, claiming he was misled about sentencing exposure. The court reversed because all parties, including the trial ju
• Bedie Thundershield v. Solem
  565 F.2d 1018· 8th Cir.· 1977-11-14 ·cited 14×
  A guilty plea is constitutionally valid even if the defendant maintains their innocence, provided the plea is voluntary, intelligent, and supported by a factual basis, and counsel was effective.
• Bonner v. Wyrick
  563 F.2d 1293· 8th Cir.· 1977-10-25 ·cited 14×
  The court held that the appellants failed to exhaust state remedies on two issues and affirmed the dismissal of their habeas corpus petitions on the remaining issues.
• Akridge v. Hopper
  545 F.2d 457· 5th Cir.· 1977-01-13 ·cited 14×·via Voluntary And Intelligent Guilty Plea
  A guilty plea entered with the advice of counsel, which advice was within the range of competency demanded of attorneys in criminal cases, is not subject to federal habeas corpus intervention.
• Clayton v. Estelle
  541 F.2d 486· 5th Cir.· 1976-10-29 ·cited 14×
  A guilty plea is not rendered involuntary by plea negotiations, even if they induce the plea, as long as the negotiations are substantially fulfilled.
• Calabrese v. United States
  507 F.2d 259· 1st Cir.· 1974-11-29 ·cited 14×
  A defendant's mistaken belief about the sentence they will receive, absent coercion or false promises, is not grounds to vacate a guilty plea.
• United States v. Hawthorne
  502 F.2d 1183· 3d Cir.· 1974-09-05 ·cited 14×
  A defendant's post-sentence allegations of counsel's misrepresentations regarding sentence length, even if inartfully pleaded, may warrant a hearing to determine if the guilty plea was involuntary and thus requires withdrawal to correct manifest injustice.
• United States v. Ada Marie Davis
  493 F.2d 502· 5th Cir.· 1974-05-01 ·cited 14×
  A voluntary guilty plea is a judicial admission of factual averments, but the court must still ensure a factual basis for the plea exists on the record.
• Anibal Otero-Rivera v. United States
  494 F.2d 900· 1st Cir.· 1974-03-28 ·cited 14×
  The court held that the district court erred in denying an evidentiary hearing without conclusively determining the defendant understood the consequences of his guilty plea, specifically parole ineligibility.
• Kelsey v. United States
  484 F.2d 1198· 3d Cir.· 1973-09-13 ·cited 14×
  A guilty plea is involuntary and must be vacated if the defendant was misinformed about the maximum possible sentence, even if the misinformation is later deemed harmless error.
• Eulogio Arias v. United States
  484 F.2d 577· 7th Cir.· 1973-09-07 ·cited 14×
  The court held that the failure to establish a complete factual basis for the plea on the record does not constitute a constitutional or jurisdictional error sufficient to support a collateral attack under 28 U.S.C. § 2255.
• Thunder v. United States
  477 F.2d 1326· 8th Cir.· 1973-05-21 ·cited 14×
  The court held that the trial judge substantially complied with Rule 11 of the Federal Rules of Criminal Procedure, and thus the appellant's motion to vacate his sentence was properly denied.
• United States v. Vallejo
  476 F.2d 667· 3d Cir.· 1973-04-03 ·cited 14×·via Knowing And Voluntary Plea
  The court held that the district court did not abuse its discretion in denying the motion to withdraw a guilty plea, and that a failure to specifically advise of the privilege against self-incrimination does not invalidate a plea entered knowingly and voluntarily.
• United States v. Simpson
  475 F.2d 934· D.C. Cir.· 1973-01-26 ·cited 14×
  The court held that the petitioner's claim that his counsel falsely represented assurances from the judge regarding sentencing under the Youth Corrections Act was not supported by a preponderance of the evidence.
• Jonas Moody v. United States
  469 F.2d 705· 8th Cir.· 1972-12-04 ·cited 14×
  The failure to advise a defendant of their ineligibility for parole before accepting a guilty plea renders the plea involuntary under Rule 11.