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

• Goodwin v. United States
  544 F.2d 826· 5th Cir.· 1977-01-03 ·cited 12×
  The court held that the district court did not err in accepting the guilty plea, as the record refuted claims of coercion and demonstrated compliance with F.R.Cr.P. 11.
• Ellis Coney, Jr. v. Wyrick
  532 F.2d 94· 8th Cir.· 1976-03-08 ·cited 12×
  The court held that the guilty pleas to robbery and rape were involuntary due to a misunderstanding of the sentencing terms, but the confessions were voluntary under the totality of the circumstances.
• United States v. Montgomery
  529 F.2d 1404· 10th Cir.· 1976-02-11 ·cited 12×
  A voluntary guilty plea precludes a defendant from later asserting that their right to self-representation was infringed.
• Hedman v. United States
  527 F.2d 20· 10th Cir.· 1975-12-02 ·cited 12×
  The court held that a defendant's allegations contradicting his sworn statements during a Rule 11 proceeding are insufficient to require an evidentiary hearing on a motion to vacate conviction.
• Artis X. Johnson v. United States Dist. Court FOR the Dist. OF Neb.
  519 F.2d 738· 8th Cir.· 1975-06-30 ·cited 12×
  The court held that while a district court should generally consider exhausted claims in a habeas petition, it need not do so when the exhausted and unexhausted claims are interrelated and intertwined.
• Rizzo v. United States
  516 F.2d 789· 2d Cir.· 1975-05-19 ·cited 12×
  A guilty plea must have a factual basis, and the district court must ensure the defendant understands the charges and consequences, as required by Rule 11.
• Rosado v. United States
  510 F.2d 1098· 5th Cir.· 1975-04-04 ·cited 12×·via Involuntary Plea
  The court held that the district court properly denied the defendant's motion to vacate his conviction and sentence without a hearing.
• United States v. Weldon Mack Gearin
  496 F.2d 691· 5th Cir.· 1974-06-24 ·cited 12×
• United States v. Isadore Shadletsky
  491 F.2d 677· 5th Cir.· 1974-03-22 ·cited 12×
  The court held that a prior conviction for selling liquor without a license was admissible to prove intent for a charge of failing to pay the special tax, as the offenses shared similar physical elements and the prior conviction was sufficiently proven.
• RAY v. Rose
  491 F.2d 285· 6th Cir.· 1974-01-29 ·cited 12×
  The court held that the record did not support vacating a guilty plea based on alleged coercion, as the defendant explicitly affirmed its voluntariness under oath.
• Crowe v. State OF S.D.
  484 F.2d 1359· 8th Cir.· 1973-10-04 ·cited 12×
  The court held that the appellant failed to establish reversible error in the acceptance of his guilty plea or denial of effective assistance of counsel.
• Artis Scarborough v. State
  278 So. 2d 657· Fla. 2d DCA· 1973-05-30 ·cited 12×
  A guilty plea is valid even if the defendant pleads to avoid a potential death sentence, provided the plea is knowing and voluntary and counsel's advice was competent.
• Gurule v. Turner
  461 F.2d 1083· 10th Cir.· 1972-06-22 ·cited 12×
  The court held that while sentencing without counsel was unconstitutional, the prisoner's new claims regarding his guilty plea require exhaustion of state remedies, and immediate release was improper as the state may resentence him.
• Eaton v. United States
  458 F.2d 704· 7th Cir.· 1972-04-03 ·cited 12×
  The court held that the district court did not err in denying an evidentiary hearing on the guilty plea and entrapment issues, nor in refusing to disqualify the sentencing judge, and that the sentences imposed did not violate double jeopardy principles.
• Clark v. State
  256 So. 2d 551· Fla. 4th DCA· 1972-01-14 ·cited 12×
  Thomas W. Clark appeals the denial of his motion to vacate his guilty plea, arguing he was not advised of constitutional rights he was waiving. The court reverses and remands for an evidentiary hearing, emphasizing the importance of proper plea colloquy procedures and stenographi
• Bartz v. Louie L. Wainwright
  451 F.2d 663· 5th Cir.· 1971-11-19 ·cited 12×
  The court held that a petitioner who has had claims considered by the highest state court on direct appeal has exhausted state remedies for those claims. The court found that certain claims were properly dismissed but others were exhausted and should be considered on the merits.
• United States v. de Cavalcante
  449 F.2d 139· 3d Cir.· 1971-09-10 ·cited 12×·via Knowing And Voluntary Plea
  A defendant's motion to withdraw a guilty plea before sentencing may be denied if the prosecution would be prejudiced, provided the plea was entered voluntarily and knowingly.
• Serrano v. United States
  442 F.2d 923· 2d Cir.· 1971-05-10 ·cited 12×
  The court held that the defendant's claims did not warrant a hearing on the voluntariness of his guilty plea.
• Lopez v. United States
  439 F.2d 997· 9th Cir.· 1971-03-08 ·cited 12×
  The court held that the district judge's dismissal of the petition was appropriate and should be affirmed.
• United States v. A1 Berlin
  437 F.2d 901· 7th Cir.· 1971-01-21 ·cited 12×
  The court held that the trial court fully complied with Rule 11 and the standards set forth in McCarthy v. United States when accepting the defendant's guilty plea.
• Oran Young v. United States
  433 F.2d 626· 10th Cir.· 1970-10-07 ·cited 12×
  The court held that the petitioner's guilty plea was entered voluntarily and intelligently, despite the sentencing judge not fully advising him of the maximum penalties, because other circumstances indicated his full understanding.
• Mejia v. United States
  430 F.2d 1273· 5th Cir.· 1970-09-02 ·cited 12×
  The court held that the petitioner's grounds for vacating his judgment and sentence were without merit, affirming the district court's denial of his motion.
• United States v. Fernandez
  428 F.2d 578· 2d Cir.· 1970-07-08 ·cited 12×
  The court held that the district court did not abuse its discretion in denying the defendant's motion to withdraw his guilty plea, and that the plea was accepted in compliance with Rule 11.
• Chisholm v. Louie L. Wainwright
  427 F.2d 1138· 5th Cir.· 1970-06-26 ·cited 12×
  The court held that the district court did not err in denying a habeas corpus petition without a hearing, as the state court provided a full and fair hearing on the voluntariness of the guilty plea.
• United States v. Tucker
  425 F.2d 624· 4th Cir.· 1970-05-12 ·cited 12×
  The court held that the district court failed to comply with Rule 11 of the Federal Rules of Criminal Procedure when accepting the defendant's guilty plea, as it did not personally address the defendant to ascertain his understanding of the charge or ensure a factual basis for th
• Desimone v. United States
  423 F.2d 576· 2d Cir.· 1970-05-01 ·cited 12×
  The court held that a timely assertion of the right against self-incrimination is a bar to prosecution for failing to register under 26 U.S.C. § 5821.
• Windom v. Cook
  423 F.2d 721· 5th Cir.· 1970-02-25 ·cited 12×
  The court held that a state prisoner's guilty plea was involuntary due to ineffective assistance of counsel, warranting a writ of habeas corpus.
• Schworak v. United States
  419 F.2d 1313· 2d Cir.· 1970-01-02 ·cited 12×
  The court held that the Steele decision, which applied amended Rule 11 retroactively to pleas entered between July 1, 1966, and April 2, 1969, was controlling.
• Stetson v. United States
  417 F.2d 1250· 7th Cir.· 1969-11-07 ·cited 12×
  The court held that the petitioner is entitled to an evidentiary hearing on his habeas corpus petition because the record does not conclusively show his guilty plea was made knowingly and voluntarily.
• Bennett v. United States
  413 F.2d 237· 7th Cir.· 1969-07-23 ·cited 12×
  The court held that the district court did not err in denying petitioner's motion to vacate his sentence without a hearing, as the record conclusively showed he was entitled to no relief.
• Tittle v. United States
  407 F.2d 843· 5th Cir.· 1969-02-21 ·cited 12×
  The court held that the trial court did not err in denying the motion to vacate the guilty plea, as the record showed the plea was voluntary and understandingly made.
• United States ex rel. William McARTHUR v. Rundle
  402 F.2d 701· 3d Cir.· 1968-10-15 ·cited 12×
  The court held that the admission of evidence obtained from a warrantless search, which lacked probable cause, violated the Fourth Amendment, requiring habeas corpus relief for the conviction based on that evidence.
• Collier Lee Smith v. United States
  400 F.2d 860· 6th Cir.· 1968-08-22 ·cited 12×
  A guilty plea is not voluntary if the defendant is unaware of its consequences, requiring vacation of the sentence and plea.
• Abram v. United States
  398 F.2d 350· 3d Cir.· 1968-07-25 ·cited 12×
  A voluntary guilty plea waives all non-jurisdictional defects and defenses, including alleged violations of constitutional rights during the proceedings.
• Baird Everett Manley v. United States
  396 F.2d 699· 5th Cir.· 1968-06-25 ·cited 12×
  The court held that the government bore the burden of proving the appellant's competence due to the court's mistaken belief that he had not received narcotics.
• Overton Thomas Anthony v. Fitzharris
  389 F.2d 657· 9th Cir.· 1968-01-30 ·cited 12×
  The court held that the district court erred in denying the habeas corpus petition without an evidentiary hearing, as the state court proceedings were insufficient to establish the voluntariness of the guilty plea.
• James v. United States
  388 F.2d 453· 5th Cir.· 1968-01-24 ·cited 12×
  The court held that a sentence imposed under the Federal Youth Corrections Act is invalid if the defendant was not informed of the maximum possible sentence under that Act before pleading guilty, even if other concurrent sentences exist.
• United States v. del Piano
  386 F.2d 436· 3d Cir.· 1967-11-24 ·cited 12×
  The court held that a violation of Rule 11, without more, does not automatically require vacating a guilty plea if the plea was otherwise voluntary.
• Williams v. United States
  385 F.2d 46· 5th Cir.· 1967-11-07 ·cited 12×
  The court held that the district court erred in denying the petition without a hearing, as the record was unclear regarding the circumstances of the offenses and the voluntariness of the guilty plea.
• Smith v. Louie L. Wainwright
  373 F.2d 506· 5th Cir.· 1967-02-21 ·cited 12×
  A hearing is required to determine if a guilty plea was involuntary due to a coerced confession and ineffective assistance of counsel.
• Salazar v. Rodriguez
  371 F.2d 726· 10th Cir.· 1967-01-19 ·cited 12×
  The court held that a voluntary guilty plea waives prior procedural defects, including alleged invalidity of a juvenile court's waiver of jurisdiction.
• Norman v. United States
  368 F.2d 645· 3d Cir.· 1966-10-28 ·cited 12×
  The court held that the district court did not err in denying the motion to vacate the sentence without a hearing because the record conclusively showed the prisoner was entitled to no relief.
• Bishop v. United States
  349 F.2d 220· D.C. Cir.· 1965-07-01 ·cited 12×
  The court held that a guilty plea, not properly scrutinized under Rule 11, should be considered for withdrawal under the pre-sentence standard, even without an explicit avowal of innocence.
• Snipe v. United States
  343 F.2d 25· 9th Cir.· 1965-03-08 ·cited 12×·via Knowing And Voluntary Plea
  The court held that the district court properly accepted the guilty plea after ensuring the defendant understood the charges and entered the plea voluntarily.
• Workman v. United States
  337 F.2d 226· 1st Cir.· 1964-10-15 ·cited 12×
  A court must impose a sentence no longer than the maximum it informs the defendant of prior to accepting a guilty plea, even if the sentence is under a different act.
• Gladden v. Gidley
  337 F.2d 575· 9th Cir.· 1964-10-14 ·cited 12×·via Knowing And Voluntary Plea
  The court held that factual issues regarding the voluntariness of the guilty plea and the deliberate bypass of state remedies required an evidentiary hearing.
• Baker v. United States
  334 F.2d 444· 8th Cir.· 1964-07-28 ·cited 12×
  The court held that the appellant's claims of mental incompetency at the time of his guilty plea were not supported by the record, and the denial of his motion to vacate sentence was proper.
• Jackman v. State
  160 So. 2d 554· Fla. 3d DCA· 1964-02-11 ·cited 12×
  George Jackman pleaded nolo contendere to armed robbery charges based on what he believed was assurance that he would not receive an additional sentence and could facilitate his parole. After receiving a ten-year sentence instead, he moved to withdraw the plea. The court reversed
• United States v. Roland
  318 F.2d 406· 4th Cir.· 1963-06-03 ·cited 12×
  A defendant seeking to withdraw a guilty plea after sentencing must demonstrate manifest injustice, and claims of mental distress or coercion by a spouse, which were considered at sentencing, do not meet this standard.
• United States v. Berry
  309 F.2d 311· 7th Cir.· 1962-10-22 ·cited 12×
  The court held that a defendant who procures a judgment against him to be set aside may be tried anew, and that a guilty plea is understandingly entered even if the court's explanation of the charge is imperfect, provided the indictment itself is clear.