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

• Mikenas v. State
  460 So. 2d 359· Fla.· 1984-11-01 ·cited 83×·via Knowing And Voluntary Plea
  Mark Mikenas appeals the denial of his post-conviction relief motion challenging his death sentence for first-degree felony murder. The Florida Supreme Court affirmed the denial of relief, holding that Mikenas failed to establish that his guilty plea was involuntary and that he r
• United States v. Davis
  212 F.2d 264· 7th Cir.· 1954-04-22 ·cited 83×
  The court held that the district court erred in denying the defendant's motion to vacate his guilty plea without a hearing, as the record did not conclusively refute his claim of attorney misrepresentation.
• Richardson v. State
  918 So. 2d 999· Fla. 5th DCA· 2006-01-20 ·cited 82×·via Involuntary Plea
  Roosevelt Richardson filed a habeas corpus petition challenging his conviction based on alleged mental incompetence to stand trial. The Fifth District Court of Appeal affirmed the trial court's dismissal, holding that habeas corpus petitions raising issues cognizable under Florid
• Leichtman v. Singletary
  674 So. 2d 889· Fla. 4th DCA· 1996-05-29 ·cited 82×
  Richard Leichtman appealed the denial of his habeas corpus petition, which challenged the voluntariness of his guilty plea and the legality of his 1972 sentence for sexual battery. The Fourth District Court of Appeal reversed and dismissed the petition, holding that the county wh
• United States v. Sawyer
  799 F.2d 1494· 11th Cir.· 1986-09-24 ·cited 81×
  The court affirmed convictions, holding that the evidence was sufficient to support the jury's findings of guilt for mail and wire fraud, commodity fraud, interstate transportation of securities taken by fraud, and conspiracy.
• Correale v. United States
  479 F.2d 944· 1st Cir.· 1973-06-06 ·cited 80×·via Knowing And Voluntary Plea
  A prosecutor's recommendation of an illegal sentence in exchange for a guilty plea renders the plea invalid, entitling the defendant to relief.
• United States v. Myers
  451 F.2d 402· 9th Cir.· 1972-01-07 ·cited 80×
  A defendant must be informed of the impact of 18 U.S.C. § 3568 on the commencement of their federal sentence, as this is a consequence of the plea under Rule 11.
• Domenica v. United States
  292 F.2d 483· 1st Cir.· 1961-06-29 ·cited 80×
  The court held that the district court erred in denying the motion to vacate the conviction without determining compliance with Fed.R.Crim.P. 11 and 32(a).
• United States v. Blair
  470 F.2d 331· 5th Cir.· 1972-06-28 ·cited 79×·via Knowing And Voluntary Plea
  The court held that the jury selection plan was validly interpreted and that the clerk's actions complied with it. It also held that a defendant's conviction must be reversed if the trial court failed to inform him of the maximum penalty before accepting a nolo contendere plea.
• Friedman v. United States
  200 F.2d 690· 8th Cir.· 1952-12-31 ·cited 79×
  The court held that the district court did not abuse its discretion in denying motions to withdraw guilty pleas after sentencing, as the pleas were voluntarily and knowingly entered.
• Brown v. State
  92 Fla. 592· Fla.· 1926-08-10 ·cited 79×
  I.H. Brown pleaded guilty to assault with intent to commit manslaughter after being charged with assault with intent to commit murder in the first degree. He moved to withdraw his guilty plea, alleging it was induced by fear of the Ku Klux Klan's influence on the jury and by his
• Ocha v. State
  826 So. 2d 956· Fla.· 2002-06-27 ·cited 78×
  Glen James Ocha was convicted of first-degree murder and sentenced to death for strangling Carol Skjerva in October 1999. The Florida Supreme Court affirmed the conviction and death sentence, rejecting Ocha's arguments regarding inadequate mental health testing, improper applicat
• United States v. Adams
  634 F.2d 830· 5th Cir.· 1981-01-19 ·cited 78×
  A judge's participation in plea discussions violates Rule 11(e)(1), and while a defendant cannot enforce a rejected plea bargain, the court may use its supervisory power to remedy the Rule 11 violation.
• Durant v. United States
  410 F.2d 689· 1st Cir.· 1969-05-06 ·cited 76×
  The court held that ineligibility for parole is a consequence of a guilty plea under Fed.R.Crim.P. 11, and the district court erred by not informing the defendant of this consequence before accepting the plea.
• Cooks v. United States
  461 F.2d 530· 5th Cir.· 1972-06-08 ·cited 75×·via Knowing And Voluntary Plea
  A guilty plea induced by counsel's erroneous advice regarding the maximum sentence and the nature of the charges is neither knowing nor voluntary, thus requiring vacation of the conviction.
• Dameion Harriel v. State
  710 So. 2d 102· Fla. 4th DCA· 1998-04-15 ·cited 74×·via Involuntary Plea
  The court establishes a procedure for dismissing appeals from guilty plea convictions when no preserved issues remain for appellate review. The decision clarifies that while defendants have a constitutional right to appeal, that right is limited to four Robinson issues, and appea
• United States v. Florencio Sepe
  486 F.2d 1044· 5th Cir.· 1973-11-19 ·cited 74×
  A voluntary guilty or nolo contendere plea waives all non-jurisdictional errors, barring an appeal on those grounds, and the court disapproves of pleas conditioned on the right to appeal non-jurisdictional issues.
• Berry v. United States
  412 F.2d 189· 3d Cir.· 1969-05-28 ·cited 74×
  Failure to inform a defendant of parole ineligibility when accepting a guilty plea vitiates the plea, as it prevents the defendant from understanding the consequences of their action.
• Keel v. United States
  585 F.2d 110· 5th Cir.· 1978-11-30 ·cited 72×
  The court affirmed the denial of the petitioner's motion, finding the government met its burden of proving the Rule 11 noncompliance was not a material factor in the petitioner's guilty plea.
• Cleveland Colson v. Lamont Smith
  438 F.2d 1075· 5th Cir.· 1971-01-21 ·cited 72×
  A voluntary guilty plea waives non-jurisdictional defects, but a plea induced by ineffective assistance of counsel is involuntary and can be challenged. Statistical evidence of racial disparity in grand jury selection can establish a prima facie case of discrimination.
• United States v. Sturm
  180 F.2d 413· 7th Cir.· 1950-03-07 ·cited 72×
  A voluntary guilty plea, entered with the advice of competent counsel, waives all non-jurisdictional defects, including alleged constitutional violations that did not causally lead to the conviction.
• Mason v. Balcom
  531 F.2d 717· 5th Cir.· 1976-05-13 ·cited 71×
  The court affirmed the district court's judgment, finding that the petitioner's representation was perfunctory and thus ineffective.
• Cuthrell v. Dir., Patuxent Inst.
  475 F.2d 1364· 4th Cir.· 1973-04-06 ·cited 70×·via Involuntary Plea
  The Court held that the failure to advise a defendant of the possibility of commitment to Patuxent Institution for evaluation and treatment under the Maryland Defective Delinquent Act does not render a guilty plea involuntary, as such a consequence is collateral, not direct.
• Kennedy v. United States
  259 F.2d 883· 5th Cir.· 1958-10-24 ·cited 70×
  The court held that a defendant is bound by the actions of his counsel in entering a plea, even if entered under less than ideal circumstances, provided counsel was competent and the defendant acquiesced.
• Amendments TO THE Florida Rules OF Criminal Procedure
  685 So. 2d 1253· Fla.· 1996-11-27 ·cited 68×
  The Florida Supreme Court adopted comprehensive amendments to Florida Rules of Criminal Procedure, including modifications to rules governing pleading captions, pleas, defendant presence, pretrial motions, competence proceedings, insanity defenses, sentencing in capital cases, an
• Garcia v. State
  228 So. 2d 300· Fla. 3d DCA· 1969-11-25 ·cited 68×
  Juan Garcia appealed from a trial court's denial of his Rule 1.850 motion for relief from a rape conviction and life sentence entered after a guilty plea. The Florida District Court of Appeal, on rehearing, reversed its initial reversal and affirmed the trial court's denial, hold
• Smith v. United States
  324 F.2d 436· D.C. Cir.· 1963-10-10 ·cited 68×
  Leave to withdraw a guilty plea was properly denied because the defendant was not prejudiced by any mistaken belief about parole eligibility.
• Meadows v. Lon Evans
  550 F.2d 345· 5th Cir.· 1977-04-08 ·cited 67×
  The court held that a federal civil rights action for damages under 42 U.S.C. § 1983 cannot be used to relitigate the voluntariness of a guilty plea that has already been affirmed on direct appeal and denied on collateral attack in state court. The exhaustion requirement of 28 U.
• Harmon v. Barton
  894 F.2d 1268· 11th Cir.· 1990-02-20 ·cited 66×
  A state court's per curiam affirmance of a lower court's decision explicitly based on procedural default constitutes a clear and express statement of reliance on an independent and adequate state ground, barring federal habeas review.
• United States v. Read
  778 F.2d 1437· 9th Cir.· 1985-12-23 ·cited 66×
  The court held that the government's letter informing the court of the defendant's post-conviction activities did not breach the plea agreement, and thus the trial court did not abuse its discretion in denying the motion to withdraw the Alford plea.
• Monroe Holmes v. State
  374 So. 2d 944· Fla.· 1979-04-26 ·cited 66×
  Monroe Holmes was convicted of murdering a police officer after entering a guilty plea and sentenced to death. The Florida Supreme Court affirmed the conviction and death sentence, rejecting Holmes's arguments that his guilty plea was involuntary, that he was insane at the time o
• Jewell Wesley Walters v. Harris
  460 F.2d 988· 4th Cir.· 1972-05-22 ·cited 66×
  The court held that a prisoner is entitled to an evidentiary hearing where credibility is the central issue, requiring their presence and observation by the judge.
• Halliday v. United States
  380 F.2d 270· 1st Cir.· 1967-07-12 ·cited 66×
  The court held that a sentencing judge should not preside over a subsequent evidentiary hearing on a Section 2255 petition challenging the validity of their prior determination under Rule 11, especially when the initial determination was based on inadequate inquiry.
• United States ex rel. James Rogers v. Warden OF Attica State Prison
  381 F.2d 209· 2d Cir.· 1967-06-15 ·cited 66×
  The court granted the petition for rehearing, rescinded its previous order, and remanded the case to the District Court to determine if the magistrate had sufficient information to find probable cause for the warrant.
• Cooper v. Holman
  356 F.2d 82· 5th Cir.· 1966-01-31 ·cited 66×
  The court held that the record was inadequate to show that the defendant's guilty plea was voluntary, given the illegal confession and plea bargain.
• Winkles v. State
  894 So. 2d 842· Fla.· 2005-01-13 ·cited 65×·via Knowing And Voluntary Plea
  James Delano Winkles was convicted of two first-degree murders committed in 1980 and 1981 involving kidnapping, rape, and premeditated killing of two women. The Florida Supreme Court affirmed his convictions and death sentences on both counts, rejecting constitutional challenges
• Zakrzewski v. State
  866 So. 2d 688· Fla.· 2003-11-13 ·cited 65×
  Edward Zakrzewski was sentenced to death for murdering his wife and two children after pleading guilty. On postconviction appeal, he challenged the denial of his motion for relief, raising claims of ineffective assistance of counsel, involuntary guilty pleas, and constitutional d
• Bradbury v. Louie L. Wainwright
  658 F.2d 1083· 5th Cir.· 1981-10-15 ·cited 65×·via Knowing And Voluntary Plea
  A guilty plea is valid if the defendant understands the potential consequences, even if they were unaware of specific plea bargain details or the precise qualifications of an appointed medical examiner, as long as there was no misrepresentation.
• Frank v. Blackburn
  646 F.2d 873· 5th Cir.· 1980-11-17 ·cited 65×
  A defendant cannot be punished for exercising their right to trial, but a longer sentence than offered in a rejected plea bargain does not automatically constitute such punishment.
• Stansel v. State
  825 So. 2d 1007· Fla. 2d DCA· 2002-08-28 ·cited 64×·via Involuntary Plea
  Ronald Stansel challenged the denial of his postconviction relief motion, arguing his plea was involuntary due to trial counsel's misadvisement regarding future sentence-enhancing consequences. The court affirmed the denial but certified a question of great public importance abou
• Lopez v. State
  536 So. 2d 226· Fla.· 1988-12-22 ·cited 64×
  Eduardo Lopez appeals his death sentence for first-degree murder committed during a home invasion and robbery. The Florida Supreme Court affirmed both his conviction and death sentence, rejecting his challenges to the validity of his plea agreement, the trial court's enforcement
• United States v. Journet
  544 F.2d 633· 2d Cir.· 1976-11-01 ·cited 64×
  A guilty plea must be vacated if the district judge fails to explicitly inform the defendant of every element enumerated in Rule 11, F.R.Cr.P.
• Hart v. Ira M. Coiner
  483 F.2d 136· 4th Cir.· 1973-07-13 ·cited 64×
  The dissenting judge would reverse the denial of habeas relief based on ineffective assistance of counsel in a prior conviction used for habitual offender sentencing.
• United States v. Cariola
  323 F.2d 180· 3d Cir.· 1963-10-03 ·cited 64×
  The court held that a plea entered under judicial coercion or without understanding of consequences is invalid, entitling the petitioner to relief.
• United States v. Swaggerty
  218 F.2d 875· 7th Cir.· 1955-01-14 ·cited 64×·via Knowing And Voluntary Plea
  A defendant's disappointment with the length of a sentence is not grounds to withdraw a guilty plea, especially when the plea was entered knowingly and voluntarily.
• Nardell U. Carter v. McCARTHY
  806 F.2d 1373· 9th Cir.· 1986-12-23 ·cited 63×
• Bell v. State
  289 So. 2d 388· Fla.· 1973-12-20 ·cited 63×·via Knowing And Voluntary Plea
  Gilbert Bell appealed his conviction for offenses involving a minor, challenging the constitutionality of Florida Statutes §§ 828.21, 800.02, and 796.07. The Florida Supreme Court upheld all three statutes as sufficiently definite and not unconstitutionally vague, and affirmed Be
• United States v. Duvalier Antonio Davis
  900 F.2d 1524· 10th Cir.· 1990-04-16 ·cited 62×
  The court held that a trial court's refusal to approve a Rule 11(a)(2) plea, based on a stated reason, is subject to appellate review.
• United States v. Carr
  740 F.2d 339· 5th Cir.· 1984-08-17 ·cited 62×·via Knowing And Voluntary Plea
  The court held that the district court did not abuse its discretion in denying the appellant's motion to withdraw his guilty plea.
• Chua HAN MOW v. United States
  730 F.2d 1308· 9th Cir.· 1984-04-12 ·cited 62×
  The court held that the district court properly denied the defendant's motion to vacate his sentence, as the claims were either procedurally barred, without merit, or not administratively exhausted.