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

• Baker v. State
  796 So. 2d 589· Fla. 2d DCA· 2001-09-12 ·cited 12×·via Involuntary Plea
  Darryl Baker appeals the denial of his motion to withdraw guilty pleas in seven felony cases, arguing he was not informed that the convictions could be used to enhance future sentences. The appellate court certifies the issue to the Florida Supreme Court as one of great significa
• Young v. State
  789 So. 2d 1160· Fla. 5th DCA· 2001-07-06 ·cited 12×·via Knowing And Voluntary Plea
  The court held that the record did not conclusively refute the defendant's claim that his plea was unknowing due to medication, and that his claim of ineffective assistance of counsel was legally insufficient.
• Enchautequi v. State
  782 So. 2d 459· Fla. 2d DCA· 2001-03-16 ·cited 12×·via Involuntary Plea
  The court held that the trial court erred in summarily denying the motion for post-conviction relief because the record did not conclusively refute the defendant's claim that his plea was involuntary.
• Tal-Mason v. State
  700 So. 2d 453· Fla. 4th DCA· 1997-10-22 ·cited 12×·via Involuntary Plea
  Tal-Mason appealed the trial court's denial of his motion to withdraw a guilty plea for second-degree murder entered in 1983 after he was found competent to stand trial. The key issue was whether his counsel's advice regarding gain time eligibility induced an involuntary plea, re
• Horton v. State
  682 So. 2d 647· Fla. 1st DCA· 1996-11-05 ·cited 12×·via Involuntary Plea
  David Horton appealed the denial of his Rule 3.850 postconviction relief motion, challenging his guilty plea to habitual felony offender charges. The court reversed and remanded on the Ashley claim, finding that subsequent Florida Supreme Court precedent (State v. Wilson) clarifi
• Pedro v. United States
  79 F.3d 1065· 11th Cir.· 1996-04-09 ·cited 12×
  The court should reverse the grant of summary judgment in favor of the government and remand for factual determination of whether a prosecutorial promise of non-deportation was made as part of the plea agreement. If such a promise was made and relied upon, its breach constitutes
• Silas Gilyard v. State
  675 So. 2d 950· Fla. 1st DCA· 1996-03-11 ·cited 12×·via Knowing And Voluntary Plea
  Silas Gilyard appeals the denial of his motion for postconviction relief, claiming his guilty plea to a violation of probation was not knowing and voluntary because his trial counsel misinformed him about the maximum sentence he could receive. The appellate court found the trial
• Williams v. State
  685 So. 2d 1317· Fla. 2d DCA· 1996-02-09 ·cited 12×
  Herman Williams challenged the trial court's denial of his Rule 3.850 postconviction motion, alleging his plea was involuntary due to prescribed medications impairing his understanding of the plea proceedings. The appellate court found his allegations of involuntariness, combined
• Terence Davis v. State
  652 So. 2d 503· Fla. 4th DCA· 1995-03-29 ·cited 12×
• Wilson v. State
  645 So. 2d 1042· Fla. 4th DCA· 1994-11-09 ·cited 12×·via Involuntary Plea
  This case addresses whether a trial court's failure to comply with Ashley v. State requirements regarding habitualization notification before accepting a plea requires resentencing within the plea terms or vacation of the plea. The Fourth District holds that improper habitualizat
• Baggett v. State
  637 So. 2d 303· Fla. 1st DCA· 1994-05-18 ·cited 12×·via Involuntary Plea
  Randy Baggett appealed the denial of his post-conviction Rule 3.850 motion challenging his 1988 plea to burglary, aggravated assault, and kidnapping. The court affirmed the denial, finding the motion untimely as to ineffective assistance of counsel and involuntary plea claims, an
• Young v. State
  604 So. 2d 925· Fla. 2d DCA· 1992-09-11 ·cited 12×
  Ethan Young appealed the summary denial of his motion for postconviction relief challenging his conviction as a habitual violent felony offender. The appellate court affirmed denial of six issues but remanded two issues—involuntary plea and ineffective assistance of counsel—for f
• United States v. Gaitan
  954 F.2d 1005· 5th Cir.· 1992-02-11 ·cited 12×·via Knowing And Voluntary Plea
  The court held that the career offender enhancement requires the offense of conviction, not just the underlying conduct, to be a controlled substance offense. The court also held that a defendant must be aware of the maximum potential sentence and fine for a plea to be knowing an
• de Abreu v. State
  593 So. 2d 233· Fla. 1st DCA· 1991-12-26 ·cited 12×·via Involuntary Plea
  De Abreu appeals denial of post-conviction relief, arguing his guilty plea to cocaine possession was involuntary because the trial court failed to inform him that as a non-citizen, the plea could result in deportation. The appellate court found prejudice and reversed, remanding f
• Smith v. State
  582 So. 2d 796· Fla. 5th DCA· 1991-07-18 ·cited 12×·via Involuntary Plea
  Charlie Lee Smith appealed the denial of his Rule 3.850 motion for postconviction relief. The appellate court dismissed the appeal for lack of jurisdiction because the trial court's denial order was not properly rendered as a written, signed document in the record, but instead me
• Mevoine Bruce Dugart v. State
  578 So. 2d 789· Fla. 4th DCA· 1991-04-17 ·cited 12×
  The court granted Dugart's petition for writ of coram nobis, vacating his nolo contendere plea for battery and aggravated assault because the trial court failed to warn him of deportation consequences and his public defender provided ineffective assistance by misadvising him abou
• United States v. Allard
  926 F.2d 1237· 1st Cir.· 1991-02-28 ·cited 12×·via Knowing And Voluntary Plea
  The court held that the district court erred in denying the defendant's motion to withdraw his guilty plea because the defendant was not adequately informed of the nature of the charge against him, specifically that it included defrauding a hospital.
• Davis v. State
  571 So. 2d 118· Fla. 5th DCA· 1990-12-20 ·cited 12×·via Involuntary Plea
  Davis appeals the summary denial of his Rule 3.850 motion claiming his no contest plea to kidnapping and sexual battery was involuntary because he was promised a guideline sentence but received a 30-year departure sentence without being informed he could withdraw his plea. The co
• Harrison v. State
  562 So. 2d 827· Fla. 2d DCA· 1990-06-06 ·cited 12×
  James Harrison appealed the summary denial of his postconviction motion claiming ineffective assistance of counsel based on alleged failures to suppress his confession and properly advise him about his plea bargain. The court reversed and remanded because the trial court record d
• United States v. Keller
  902 F.2d 1391· 9th Cir.· 1990-05-02 ·cited 12×
  The court held that the government did not breach the plea agreement by using dismissed charges for parole calculations, the defendant waived claims regarding the presentence report, and ineffective assistance of counsel was not established.
• Ross v. Petsock George
  868 F.2d 639· 3d Cir.· 1989-02-28 ·cited 12×
  The court should remand the case to the district court for reconsideration of the ineffective assistance of counsel claim, as the district court failed to review the state record to determine if the claim was fairly presented.
• Williams v. State
  539 So. 2d 9· Fla. 1st DCA· 1989-02-28 ·cited 12×·via Involuntary Plea
• Ouellette v. United States
  862 F.2d 371· 1st Cir.· 1988-11-23 ·cited 12×
  The court held that the petitioner's guilty plea was not rendered involuntary by ineffective assistance of counsel, and the district court did not err in denying an evidentiary hearing.
• Moore v. State
  533 So. 2d 924· Fla. 2d DCA· 1988-11-16 ·cited 12×
  Edward Moore appealed the denial of postconviction motions challenging his guilty plea to insurance fraud and seeking return of seized property. The appellate court affirmed the denial of the plea withdrawal motion but reversed and remanded the property return motion for further
• Savage v. State
  530 So. 2d 1077· Fla. 1st DCA· 1988-09-13 ·cited 12×·via Involuntary Plea
  The court held that the trial court erred in summarily denying the motion for post-conviction relief without an evidentiary hearing, as the record did not sufficiently refute the appellant's claim of incompetency at the time of his plea.
• United States v. Estrada
  849 F.2d 1304· 10th Cir.· 1988-06-14 ·cited 12×
  The court held that the defendant was entitled to an evidentiary hearing on his claim that his guilty plea was involuntary, but not on his claim of ineffective assistance of counsel.
• Torrey v. Estelle
  842 F.2d 234· 9th Cir.· 1988-03-23 ·cited 12×
  The court held that a prisoner's resentencing to state prison after being committed to the Youth Authority was a collateral consequence, not a direct one, and thus the trial court was not required to advise him of this possibility at the time of his guilty plea.
• United States v. Mathews
  833 F.2d 161· 9th Cir.· 1987-11-27 ·cited 12×
  A guilty plea conclusively admits the factual allegations in the indictment, including those establishing federal subject matter jurisdiction, and cannot be collaterally attacked on factual grounds if voluntary and intelligent.
• Washington v. State
  510 So. 2d 355· Fla. 2d DCA· 1987-07-24 ·cited 12×
  The court affirmed the denial of the motion to withdraw the plea but reversed the sentences due to invalid reasons for departing from sentencing guidelines.
• United States v. Williamson
  806 F.2d 216· 10th Cir.· 1986-11-28 ·cited 12×
  The court held that the appellant knowingly and intelligently waived his right to counsel and entered a voluntary guilty plea, and that a writ of error coram nobis was not justified.
• United States v. Coon
  805 F.2d 822· 8th Cir.· 1986-11-21 ·cited 12×
  A defendant's guilty plea is not rendered involuntary by a prosecutor's misstatement of the maximum fine if the defendant is informed of the correct maximum before entering the plea and the plea is otherwise voluntary.
• United States v. Allen
  804 F.2d 244· 3d Cir.· 1986-10-30 ·cited 12×
  A district court's acceptance of a guilty plea without a sufficient factual basis, potentially due to a misunderstanding of the defendant's admissions, requires remand for the court to make that determination.
• Mestas v. State
  484 So. 2d 612· Fla. 2d DCA· 1986-01-31 ·cited 12×
  A trial court cannot impose community control as a condition of probation when the sentencing guidelines recommend only non-state prison sanctions without providing written reasons for departing to a higher guideline cell.
• Stinyard v. State
  476 So. 2d 277· Fla. 2d DCA· 1985-10-04 ·cited 12×
  The court reversed the summary denial of a post-conviction relief motion because the trial court failed to attach record portions supporting its ground for denial, requiring either proper summary denial with attached record excerpts or an evidentiary hearing on appeal.
• Norman v. O.L. McCOTTER
  765 F.2d 504· 5th Cir.· 1985-07-15 ·cited 12×·via Knowing And Voluntary Plea
  The court held that while the district court erred in converting a motion to dismiss to summary judgment without notice, the error was harmless. The court affirmed the denial of the habeas corpus petition, finding no reversible error in the petitioner's claims.
• Miller v. Bordenkircher
  764 F.2d 245· 4th Cir.· 1985-06-17 ·cited 12×
  The court affirmed the district court's dismissal of the habeas corpus petition, holding that Habeas Corpus Rule 9(b) was properly invoked to deny the petition due to successive claims and abuse of the writ.
• Craker v. Procunier
  756 F.2d 1212· 5th Cir.· 1985-04-11 ·cited 12×
  The court held that a knowing and voluntary guilty plea generally precludes a claim of ineffective assistance of counsel, but remanded because the record lacked a clear finding on the plea's voluntariness.
• Prado-Gonzalez v. State
  468 So. 2d 991· Fla. 4th DCA· 1984-11-28 ·cited 12×
  A Florida appellate court dismissed a post-conviction appeal challenging the voluntariness of a guilty plea because the trial court failed to reduce its denial of the Rule 3.850 motion to a written order. The court held that written orders are mandatory for appellate review and u
• Perez v. State
  449 So. 2d 407· Fla. 2d DCA· 1984-05-04 ·cited 12×
  Humberto Perez appealed his convictions for drug trafficking and possession, challenging the validity of his nolo contendere plea. The Florida appellate court reversed and remanded, holding that the trial court failed to properly advise Perez of mandatory minimum penalties throug
• Stranghoener v. Black
  720 F.2d 1005· 8th Cir.· 1983-12-01 ·cited 12×
  A federal habeas corpus claim is not "fairly presented" to state courts if significant factual allegations supporting the claim are raised for the first time in federal court. Therefore, the petitioner failed to exhaust state remedies.
• Brown v. E.P. Perini
  718 F.2d 784· 6th Cir.· 1983-10-05 ·cited 12×
  A guilty plea is not invalidated by misinformation regarding parole eligibility, as parole is considered a collateral, not direct, consequence of the plea.
• Hawk v. Solem
  693 F.2d 825· 8th Cir.· 1982-12-03 ·cited 12×
  A guilty plea is not subject to collateral attack based on a coerced confession unless counsel was ineffective, and there is no constitutional right to a jury determination of competency to stand trial or plead guilty.
• Ottway Barbee v. Ruth
  678 F.2d 634· 5th Cir.· 1982-06-18 ·cited 12×·via Knowing And Voluntary Plea
  A guilty plea is valid even if the defendant is not informed that the sentence may run consecutively to a prior sentence.
• Anders Steinsvik v. Vinzant
  640 F.2d 949· 9th Cir.· 1981-02-23 ·cited 12×
  The court should have held an evidentiary hearing to determine Steinsvik's mental capacity at the time of his guilty plea due to evidence of a recent drug overdose and history of psychological problems.
• Jewell Jess Stone v. Cardwell
  620 F.2d 212· 9th Cir.· 1980-05-30 ·cited 12×
  The federal district court's finding that a state prisoner's guilty plea was not knowingly and voluntarily made is not clearly erroneous and is therefore affirmed.
• United States v. Johnson
  612 F.2d 305· 7th Cir.· 1980-01-02 ·cited 12×
  A conviction under 18 U.S.C. § 922(a)(6) for falsely denying a prior felony conviction is valid even if the prior conviction is later found unconstitutional, but an unconstitutional prior conviction cannot be used for sentencing.
• Loconte v. State
  382 So. 2d 26· Fla. 1st DCA· 1979-05-15 ·cited 12×·via Knowing And Voluntary Plea
  Florida appellate court affirmed summary denial of motion to vacate guilty plea where defendant's own sworn answers to trial court questions conclusively refuted his allegations of coercion and promises.
• O'Quinn v. State
  364 So. 2d 775· Fla. 1st DCA· 1978-11-03 ·cited 12×·via Knowing And Voluntary Plea
  The appellate court affirmed the trial court's denial of a motion to vacate a guilty plea for first-degree murder. The defendant argued ineffective assistance of counsel and that his plea was not knowing and voluntary, but the court found these claims unsupported by the evidence.
• Hank Johnson v. Hayden J. Dees
  581 F.2d 1166· 5th Cir.· 1978-10-10 ·cited 12×
  A defendant need not be informed of collateral consequences of a guilty plea for it to be considered voluntary and intelligent.
• United States v. Edwards
  568 F.2d 68· 8th Cir.· 1977-12-19 ·cited 12×
  A prior conviction, even if constitutionally infirm, can support a federal falsification prosecution under the Gun Control Act, as the offense lies in the false statement, not the status of being a felon.