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

• United States v. Justo Farias
  459 F.2d 738· 5th Cir.· 1972-04-28 ·cited 14×
  The court affirmed the conviction, finding the trial judge properly complied with Rule 11 requirements regarding guilty pleas.
• Belbin v. Picard
  454 F.2d 202· 1st Cir.· 1972-02-02 ·cited 14×
  The court held that the district court correctly dismissed the habeas corpus petition for failure to exhaust state remedies.
• Nobles v. Beto
  439 F.2d 1001· 5th Cir.· 1971-03-03 ·cited 14×
  The court held that a state prisoner's guilty plea, entered after a full evidentiary hearing and advice of counsel, was valid and not predicated on a coerced confession, thus denying habeas corpus relief.
• United States ex rel. Henry A. Rogers v. Adams
  435 F.2d 1372· 2d Cir.· 1970-12-29 ·cited 14×
  The court held that the rule announced in Boykin v. Alabama, requiring an affirmative showing that a guilty plea is intelligent and voluntary, should not be applied retroactively to pleas entered before June 2, 1969.
• United States v. Pallotta
  433 F.2d 594· 1st Cir.· 1970-11-06 ·cited 14×
  A guilty plea induced by unfulfilled prosecution promises, even if communicated indirectly through counsel, is void and requires a hearing.
• Smith v. Lamont Smith
  433 F.2d 582· 5th Cir.· 1970-10-30 ·cited 14×
  A valid guilty plea waives all non-jurisdictional defects in prior proceedings, including claims of ineffective assistance of counsel or lack of counsel at pre-trial identification procedures.
• Gardner v. Louie L. Wainwright
  433 F.2d 137· 5th Cir.· 1970-10-21 ·cited 14×
  The court held that the district court correctly denied the habeas corpus petition without a hearing, as the allegations did not present a federal constitutional question.
• Chambers v. Beto
  428 F.2d 791· 5th Cir.· 1970-06-15 ·cited 14×·via Involuntary Plea
  A guilty plea entered on advice of competent counsel is not rendered involuntary by allegations of illegally seized evidence or a coerced confession.
• United States ex rel. Nelson Miner v. Erickson
  428 F.2d 623· 8th Cir.· 1970-06-05 ·cited 14×
  The court held that the petitioner did not make an intelligent and understanding waiver of his right to counsel due to his limited capacity and lack of comprehension of the charges and defenses.
• Meeks v. United States
  427 F.2d 881· 9th Cir.· 1970-05-27 ·cited 14×
  The court held that conclusory allegations of threats and coercion are insufficient to warrant a hearing under 28 U.S.C. § 2255.
• Stroman Russell v. State
  233 So. 2d 148· Fla. 4th DCA· 1970-03-20 ·cited 14×
  Russell appeals his conviction for robbery following a plea of nolo contendere. The Florida appellate court reversed and remanded because the trial court failed to comply with procedural requirements in accepting the plea, specifically failing to ensure the plea was voluntary and
• Callahan v. Lake F. Russell
  423 F.2d 450· 6th Cir.· 1970-03-17 ·cited 14×
  The Sixth Circuit held that the late appointment of counsel does not violate the Constitution unless it operates to the prejudice of the defendant, and remanded for specific findings on prejudice.
• United States ex rel. William Joseph Callahan v. Follette
  418 F.2d 903· 2d Cir.· 1969-11-28 ·cited 14×
  The court held that the appellant waived any objection to his guilty plea by failing to file a formal motion to withdraw the plea after the sentencing judge offered the opportunity.
• United States v. Thomas
  415 F.2d 1216· 9th Cir.· 1969-08-12 ·cited 14×
  The court held that the district court did not abuse its discretion in denying the motion to withdraw the guilty plea, as the plea was not coerced.
• United States ex rel. George Fink v. Rundle
  414 F.2d 542· 3d Cir.· 1969-06-24 ·cited 14×
  The dissenting judge would affirm the district court's denial of the habeas corpus petition, finding the relator's claims regarding his guilty plea were without merit.
• Bartz v. State
  221 So. 2d 7· Fla. 2d DCA· 1969-03-28 ·cited 14×
  Donald Bartz appeals the summary denial of his motion to vacate a guilty plea conviction, arguing he was misled by his public defender into pleading guilty based on false promises of probation. The court reverses and remands for an evidentiary hearing, holding that allegations of
• United States ex rel. Willie Richardson v. McMANN
  408 F.2d 48· 2d Cir.· 1969-02-26 ·cited 14×
  A federal court must hold an evidentiary hearing in a habeas corpus case if the petitioner alleges specific facts, not vague or incredible, suggesting a guilty plea was involuntary due to a coerced confession and inadequate counsel, even if the state court record contradicts thes
• Brady v. United States
  404 F.2d 601· 10th Cir.· 1968-12-17 ·cited 14×
  The court held that the trial court's finding that the guilty plea was voluntary, based on substantial evidence, is binding on appeal.
• United States v. Carlino
  400 F.2d 56· 2d Cir.· 1968-07-25 ·cited 14×
  The court held that the appellant's guilty plea was not rendered involuntary by an alleged understanding that charges against his son would be dismissed, and thus, coram nobis relief was properly denied without an evidentiary hearing.
• Davis v. United States
  392 F.2d 291· 10th Cir.· 1968-04-05 ·cited 14×
  The court held that a voluntary guilty plea is an admission of all facts and precludes collateral attack on factual guilt.
• Miles v. United States
  385 F.2d 541· 10th Cir.· 1967-11-29 ·cited 14×
  A defendant's disappointment with the sentence imposed does not constitute manifest injustice, and therefore does not warrant withdrawal of a guilty plea after sentencing.
• United States ex rel. Carl E. DeFLUMER, Jr. v. Mancusi
  380 F.2d 1018· 2d Cir.· 1967-07-26 ·cited 14×
  The court held that a petitioner must exhaust state remedies for all constitutional claims raised in a habeas corpus petition, even if related.
• Mickey E. Vanater v. Otto C. Boles
  377 F.2d 898· 4th Cir.· 1967-05-24 ·cited 14×·via Involuntary Plea
  The court held that a guilty plea waives non-jurisdictional defects, including potential conflicts of interest in counsel representation, and that the petitioner failed to prove his plea was involuntary.
• Marvel v. United States
  335 F.2d 101· 5th Cir.· 1964-07-13 ·cited 14×
  The court should hold that the appellant has been deprived of liberty for longer than understood at the time of his guilty plea and is entitled to discharge.
• Luse v. United States
  326 F.2d 338· 10th Cir.· 1964-01-15 ·cited 14×
  A district court has discretion to deny a motion to set aside a guilty plea without requiring the prisoner's presence if the motion and records conclusively show no entitlement to relief.
• Wilhite v. United States
  281 F.2d 642· D.C. Cir.· 1960-07-14 ·cited 14×
  The court held that the District Court did not abuse its discretion in denying a fourth motion to vacate a sentence without a hearing, as prior motions and the passage of time precluded further collateral attack.
• Cofield v. United States
  263 F.2d 686· 9th Cir.· 1959-01-20 ·cited 14×
  The court held that the prisoner was not denied adequate assistance of counsel and that his guilty plea was entered voluntarily.
• United States v. Marcus
  213 F.2d 230· 7th Cir.· 1954-05-20 ·cited 14×
  The court held that the trial court did not abuse its discretion in denying the defendant's motion to withdraw his guilty plea, as the plea was voluntary and no manifest injustice was shown.
• Donovan v. United States
  205 F.2d 557· 10th Cir.· 1953-06-11 ·cited 14×
  The court held that a motion to vacate sentences under 28 U.S.C.A. § 2255 cannot raise issues of law that should have been presented on direct appeal after a guilty plea.
• Factor v. FOX
  175 F.2d 626· 6th Cir.· 1949-07-05 ·cited 14×
  The appeal is dismissed because the controversy has become moot due to the petitioner's parole and release from the warden's custody.
• Guzman-Aviles v. State
  226 So. 3d 339· Fla. 5th DCA· 2017-08-25 ·cited 13×
  Max Guzman-Aviles appealed the summary denial of his Rule 3.850 motion for postconviction relief, claiming his trial counsel was ineffective for failing to file motions to suppress a firearm and a show-up identification. The Fifth District affirmed the denial, holding that while
• Neal v. State
  142 So. 3d 883· Fla. 1st DCA· 2014-05-20 ·cited 13×
  This is an Anders appeal from a conviction and HFO sentence following a mid-trial nolo contendere plea. While the court affirmed the conviction and sentence after independent review, it issued a substantial opinion criticizing appointed counsel's deficient Anders brief for failin
• Ciambrone v. State
  128 So. 3d 227· Fla. 2d DCA· 2013-12-11 ·cited 13×·via Involuntary Plea
  Heather Ciambrone appeals the summary denial of her Rule 3.850 motion for postconviction relief based on ineffective assistance of counsel claims. The appellate court affirms the denial of three claims but reverses the summary denial of seven remaining claims, finding that the tr
• Renard Nealie Williams v. State
  134 So. 3d 975· Fla. 1st DCA· 2012-04-04 ·cited 13×·via Voluntary And Intelligent Guilty Plea
  Renard Williams appealed his no-contest plea to robbery, challenging the trial court's order finding him competent to stand trial. The appellate court affirmed, holding that an order finding a defendant competent is not a dispositive issue that can be reserved for appeal, and Wil
• Wells v. State
  881 So. 2d 54· Fla. 4th DCA· 2004-08-18 ·cited 13×·via Involuntary Plea
  Cornelius Wells appeals the summary denial of his post-conviction motion claiming ineffective assistance of counsel for failing to move for speedy trial discharge. The court reverses and remands, holding that Wells was entitled to an evidentiary hearing because the State's failur
• Pearman v. State
  764 So. 2d 739· Fla. 4th DCA· 2000-07-05 ·cited 13×
  The court held that the potential consequences under the Jimmy Ryce Act are collateral consequences of a guilty plea, not direct ones.
• United States v. FOX
  941 F.2d 480· 7th Cir.· 1991-08-15 ·cited 13×
  The court held that the district court's failure to explicitly inform the defendant of the possibility of restitution was harmless error, and that his sentence did not violate the Double Jeopardy Clause.
• Smothers v. State
  555 So. 2d 452· Fla. 5th DCA· 1990-01-18 ·cited 13×·via Knowing And Voluntary Plea
  Trial court erred in denying post-conviction relief motion without an evidentiary hearing or attaching record portions as required by Rule 3.850, where defendant alleged his plea was not knowingly entered.
• United States v. Cole
  813 F.2d 43· 3d Cir.· 1987-03-06 ·cited 13×
  A district court must make further inquiry into a defendant's competence to enter a guilty plea when informed of recent drug use, and failure to do so violates Rule 11.
• Lugene Keith v. State
  492 So. 2d 444· Fla. 1st DCA· 1986-08-05 ·cited 13×
  Keith appealed the denial of his post-conviction motion for ineffective assistance of counsel, challenging his guilty plea to manslaughter. The court affirmed the denial, holding that Keith failed to provide adequate detail regarding his claims of ineffective assistance and that
• Thompson v. Louie L. Wainwright and Jim Smith
  784 F.2d 1103· 11th Cir.· 1986-03-20 ·cited 13×
  The court held that the appellant's guilty plea was voluntary and entered upon advice of competent counsel, and thus his petition for habeas corpus relief was properly denied.
• United States v. French
  719 F.2d 387· 11th Cir.· 1983-11-10 ·cited 13×
  The court held that a defendant's ignorance of a specific plea bargaining rule not applicable to his case does not render his guilty plea involuntary or constitute ineffective assistance of counsel.
• Mayes v. Pickett
  537 F.2d 1080· 9th Cir.· 1976-07-09 ·cited 13×
  A guilty plea generally waives independent claims of constitutional violations preceding the plea, but allegations of threats or promises outside the record may necessitate a hearing.
• Williamson v. State OF Ala.
  441 F.2d 549· 5th Cir.· 1971-04-23 ·cited 13×·via Involuntary Plea
  A guilty plea waives non-jurisdictional defects, and a plea to avoid the death penalty is not involuntary.
• Teller v. United States
  263 F.2d 871· 6th Cir.· 1959-02-27 ·cited 13×·via Voluntary And Intelligent Guilty Plea
  The court held that the district court erred in not granting the appellant a hearing on his motion to vacate his sentence.
• Jules v. State
  233 So. 3d 1196· Fla. 3d DCA· 2017-11-29 ·cited 12×·via Involuntary Plea
  The appellate court held that the defendant's motion for postconviction relief, alleging his plea was involuntary due to lack of immigration warnings, was time-barred because it was filed more than two years after his judgment and sentence became final, and he failed to establish
• Singleton v. State
  981 So. 2d 1259· Fla. 2d DCA· 2008-05-21 ·cited 12×·via Involuntary Plea
  Singleton appeals the summary denial of his postconviction relief motion claiming his trial counsel misadvised him about parole eligibility, which induced him to reject a favorable plea offer. The court reverses, holding that although the Supreme Court's decision in Ey v. State a
• In re Amendments TO Fla. Rule OF Crim. Procedure 3.172
  911 So. 2d 763· Fla.· 2005-09-01 ·cited 12×
  The Florida Supreme Court adopted an amendment to Florida Rule of Criminal Procedure 3.172 requiring trial judges to inform defendants entering guilty or nolo contendere pleas that they may be subject to involuntary civil commitment as sexually violent predators under the Jimmy R
• McPHEE v. State
  823 So. 2d 160· Fla. 3d DCA· 2002-06-26 ·cited 12×·via Involuntary Plea
  The court held that affirmative misadvice by counsel regarding potential sentence-enhancing consequences of a guilty plea does not render the plea involuntary.
• Prianti v. State
  819 So. 2d 231· Fla. 4th DCA· 2002-06-05 ·cited 12×
  The court held that the defendant may be entitled to postconviction relief because his plea may have been involuntary due to misinformation about license suspension consequences.