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

• Swanson v. United States
  304 F.2d 865· 8th Cir.· 1962-06-28 ·cited 12×
  The court held that an appeal from the denial of a motion to vacate sentence, which is frivolous, may be permitted to be docketed without fee and then dismissed.
• Reed v. United States
  291 F.2d 856· 4th Cir.· 1961-06-12 ·cited 12×
  The court held that the district court erred in dismissing the petition without a hearing, as the allegations raised substantial questions regarding the voluntariness of the guilty plea and the right to counsel.
• Aiken v. United States
  282 F.2d 215· 4th Cir.· 1960-09-09 ·cited 12×
  The court held that a prisoner's petition under 28 U.S.C. § 2255 requires a hearing if the files and records do not conclusively show entitlement to no relief.
• Young v. United States
  259 F.2d 641· 8th Cir.· 1958-09-19 ·cited 12×
  The court held that the defendants' claims regarding lack of counsel, coerced confessions, and sentencing based on pending charges were without merit and did not entitle them to have their sentences vacated.
• United States v. Mack
  249 F.2d 421· 7th Cir.· 1957-11-25 ·cited 12×
  The court held that the district court erred in summarily denying the defendant's motion to withdraw her guilty plea without a hearing.
• Bloombaum v. United States
  211 F.2d 944· 4th Cir.· 1954-04-05 ·cited 12×
  A voluntary guilty plea waives all non-jurisdictional defects and bars collateral attack on the sentence under 28 U.S.C. § 2255.
• Christakos v. Hunter
  161 F.2d 692· 10th Cir.· 1947-05-12 ·cited 12×
  The court held that the petitioner failed to meet the burden of proof to invalidate the judgments of conviction through a habeas corpus petition.
• Bayless v. United States
  150 F.2d 236· 8th Cir.· 1945-07-02 ·cited 12×·via Involuntary Plea
  A conviction based on tainted evidence, such as a coerced confession or guilty plea, cannot stand, even if other evidence might be sufficient.
• Hamil v. State
  106 So. 3d 495· Fla. 4th DCA· 2013-01-16 ·cited 11×·via Involuntary Plea
  Appellant Hamil appealed the circuit court's denial of his motion to withdraw a no contest plea to vehicular homicide, arguing the plea was involuntary due to alleged attorney promises regarding sentencing and the trial judge's failure to inquire about such promises. The appellat
• Makendy Alfred v. State
  71 So. 3d 138· Fla. 4th DCA· 2011-07-27 ·cited 11×·via Involuntary Plea
  The Fourth District Court of Appeal affirmed the trial court's summary denial of Alfred's postconviction relief motion under Florida Rule 3.850, rejecting claims that his guilty plea was involuntary due to ineffective assistance of counsel and misunderstanding of his potential se
• Murray v. State
  36 So. 3d 792· Fla. 1st DCA· 2010-05-14 ·cited 11×
  Melvin Murray appealed his convictions for seven third-degree felonies across three cases, challenging the denial of credit for time served in two cases and claiming his pleas were involuntary due to counsel's misadvice about the minimum permissible sentence. The court affirmed o
• Hill v. State
  895 So. 2d 1122· Fla. 4th DCA· 2005-02-02 ·cited 11×
  The court held that a trial court did not err in denying a motion to withdraw a plea without an evidentiary hearing when the plea colloquy and written plea form conclusively refuted the defendant's claim of involuntary plea due to misadvice.
• Newsome v. State
  877 So. 2d 938· Fla. 2d DCA· 2004-07-28 ·cited 11×·via Involuntary Plea
  A defendant's motion to withdraw a guilty plea is facially sufficient if it alleges one of the grounds enumerated in the rules, such as involuntariness, and warrants an evidentiary hearing and appointment of conflict-free counsel.
• Noojin v. State
  855 So. 2d 1157· Fla. 5th DCA· 2003-09-19 ·cited 11×·via Involuntary Plea
• Chandler v. State
  843 So. 2d 1046· Fla. 2d DCA· 2003-05-09 ·cited 11×·via Involuntary Plea
  Johnny Chandler appealed the summary denial of his motion for postconviction relief, claiming his no contest plea was involuntary because his attorney misadvised him about his sentence. The court reversed and remanded, finding the trial court's record insufficient to refute Chand
• Farran v. State
  694 So. 2d 877· Fla. 2d DCA· 1997-06-13 ·cited 11×·via Involuntary Plea
  Joseph Farran appealed the denial of his Rule 3.850 postconviction motion challenging his guilty plea to seven crimes. The court reversed in part, finding that the trial court improperly relied solely on the parties' stipulation to establish a factual basis for counts one and six
• Knight v. State
  611 So. 2d 602· Fla. 2d DCA· 1993-01-06 ·cited 11×·via Involuntary Plea
  Jerry Knight appealed the summary denial of his postconviction motion, alleging his 1991 no-contest plea was involuntary based on false promises about concurrent sentencing. The appellate court reversed and remanded, holding that Knight deserved an opportunity to withdraw his ple
• United States v. Butcher
  926 F.2d 811· 9th Cir.· 1991-02-06 ·cited 11×·via Voluntary And Intelligent Guilty Plea
  The court affirmed the conviction, holding that the arrest was lawful, the admission of evidence of narcotics and other firearms was proper, the jury instructions were adequate, surrebuttal testimony was cumulative, and the sentence enhancement based on prior convictions was vali
• United States v. Laurence Keiswetter
  860 F.2d 992· 10th Cir.· 1988-11-04 ·cited 11×
  The court held that an Alford guilty plea, entered by a defendant protesting innocence, is invalid without strong evidence presented at the plea taking to substantiate guilt.
• Stano v. Dugger
  524 So. 2d 1018· Fla.· 1988-05-16 ·cited 11×
  The court held that the petitioner's claims regarding the voluntariness of his guilty pleas, the effectiveness of counsel, the consideration of the PSI report, and the retroactive application of an aggravating factor lacked merit and had been previously adjudicated.
• Thomas v. Foltz
  818 F.2d 476· 6th Cir.· 1987-05-01 ·cited 11×
  The court held that the petitioner failed to prove an actual conflict of interest adversely affected his lawyer's performance.
• United States v. Griffin
  816 F.2d 1· D.C. Cir.· 1987-04-14 ·cited 11×
  The court affirmed the district court's denial of the motion to withdraw the guilty plea, finding it was voluntary and not induced by promises that were breached.
• Chizen v. Hunter
  809 F.2d 560· 9th Cir.· 1986-12-24 ·cited 11×
  A nolo contendere plea induced by an attorney's misrepresentation regarding the sentence is involuntary, even if the defendant signs a waiver form and the judge advises them of their rights.
• United States v. Russell
  776 F.2d 955· 11th Cir.· 1985-11-18 ·cited 11×·via Knowing And Voluntary Plea
  The court held that a Rule 35 motion filed after a notice of appeal was jurisdictionally barred, but affirmed the denial of the defendant's motion to withdraw his guilty plea and vacate his sentence.
• Ferguson v. United States
  699 F.2d 1071· 11th Cir.· 1983-03-07 ·cited 11×
  The court held that a defendant who pleads guilty is not entitled to an out-of-time appeal based on counsel's failure to file, as this failure causes no harm due to the waiver of most appeal rights by a guilty plea.
• United States v. $31
  665 F.2d 903· 9th Cir.· 1982-01-11 ·cited 11×
  A guilty plea in a criminal case can collaterally estop a claimant in a subsequent civil forfeiture action, even if the plea did not strictly comply with Fed.R.Crim.P. 11(f), due to the policy of finality.
• Williams v. Louie L. Wainwright
  604 F.2d 404· 5th Cir.· 1979-10-12 ·cited 11×·via Involuntary Plea
  The court affirmed the denial of the habeas corpus petition, finding the nolo contendere plea voluntary, the plea bargain not broken, and the arrest claim waived by the plea.
• United States v. McINTOSH
  566 F.2d 949· 5th Cir.· 1978-01-27 ·cited 11×·via Involuntary Plea
• Bailey Lee Sloan v. Louie L. Wainwright
  469 F.2d 390· 5th Cir.· 1972-11-15 ·cited 11×
  The court held that the petitioner's allegations, if true, entitle him to relief and an evidentiary hearing on his claims of coerced confession and ineffective assistance of counsel.
• Runge v. United States
  427 F.2d 122· 10th Cir.· 1970-05-26 ·cited 11×
  A guilty plea is not rendered involuntary solely because the defendant may have considered the possibility of a death penalty under the Federal Kidnapping Act; all surrounding circumstances must be considered.
• Chandler v. United States
  413 F.2d 1018· 5th Cir.· 1969-06-13 ·cited 11×
  A guilty plea waives non-jurisdictional defects and the defense of innocence cannot be raised after a valid guilty plea.
• Cervantes v. COX
  350 F.2d 855· 10th Cir.· 1965-09-15 ·cited 11×·via Knowing And Voluntary Plea
  An accused's inability to communicate with counsel due to a language barrier does not automatically deny effective representation or a knowing plea.
• Williams v. State
  174 So. 2d 775· Fla. 3d DCA· 1965-05-04 ·cited 11×·via Involuntary Plea
  Herman Williams appealed the denial of his petition to vacate his murder conviction and life sentence, arguing he lacked counsel at arraignment, entered his guilty plea involuntarily, and was denied the right to appeal. The trial court found after an evidentiary hearing that Will
• Criser v. United States
  319 F.2d 849· 10th Cir.· 1963-07-15 ·cited 11×
  The court held that a defendant's guilty plea, voluntarily and intelligently entered, cannot be withdrawn based on counsel's alleged assurances that the federal sentence would run concurrently with a state sentence.
• Meeks v. United States
  298 F.2d 204· 5th Cir.· 1962-01-25 ·cited 11×
  The court held that the district court's findings of fact were adequately supported by the evidence, and therefore the denial of the motion to vacate sentence was proper.
• Bryon Elliott Stratton v. State
  77 So. 2d 864· Fla.· 1955-02-09 ·cited 11×
  Bryon Elliott Stratton appeals his conviction for breaking and entering a dwelling house with intent to commit petit larceny. The Florida Supreme Court affirms, finding no abuse of discretion in the trial court's denial of Stratton's motion to withdraw his guilty plea.
• Stephon Boykins v. State
  976 So. 2d 700· Fla. 2d DCA· 2008-03-26 ·cited 10×·via Involuntary Plea
  Stephon Boykins appealed the summary denial of his postconviction motion challenging the voluntariness of his 1999 guilty plea. The court reversed and remanded, holding that Boykins' 2006 motion was timely filed because the two-year filing period is triggered by the date the Depa
• Russ v. State
  937 So. 2d 1199· Fla. 1st DCA· 2006-09-13 ·cited 10×·via Knowing And Voluntary Plea
  Willie Russ appealed the summary denial of his postconviction motion challenging the validity of his guilty plea, asserting he was under the influence of psychotropic medication when he entered the plea. The appellate court affirmed, holding that Russ's written plea agreement and
• Fletcher v. State
  890 So. 2d 1167· Fla. 5th DCA· 2004-12-23 ·cited 10×·via Involuntary Plea
  Richard Fletcher appealed the denial of his Rule 3.850 postconviction motion challenging his negotiated plea for dealing in stolen property. The court held that Fletcher's ineffective assistance of counsel claim regarding his attorney's alleged failure to investigate and file a m
• Albertoine Nordelus v. State
  889 So. 2d 910· Fla. 4th DCA· 2004-12-08 ·cited 10×·via Involuntary Plea
  Albertoine Nordelus moved for post-conviction relief under Florida Rule 3.850, claiming his guilty plea to DUI manslaughter was involuntary because he was not informed that conviction would result in mandatory driver's license revocation. The Fourth District Court of Appeal rever
• Jones v. State
  834 So. 2d 226· Fla. 2d DCA· 2002-10-23 ·cited 10×·via Involuntary Plea
  The court held that mistaken advice from trial counsel regarding gain time eligibility can form the basis for withdrawing a guilty plea.
• Howard v. State
  762 So. 2d 995· Fla. 3d DCA· 2000-06-28 ·cited 10×
  Court reversed guilty plea for burglary with assault/battery and armed firearm, attempted second-degree murder, and shooting into a building because the trial court failed to advise defendant of the mandatory minimum three-year sentence during the plea colloquy, rendering the ple
• Keithan Darnell Battie v. Singletary
  718 So. 2d 323· Fla. 3d DCA· 1998-09-16 ·cited 10×·via Involuntary Plea
  Keithan Battie sought a belated appeal of his guilty plea to murder charges, claiming his trial counsel failed to pursue an appeal he had requested. The court denied the petition because Battie had expressly waived his right to appeal and failed to demonstrate that his case fell
• MAY v. State
  713 So. 2d 1087· Fla. 2d DCA· 1998-07-17 ·cited 10×
  Joseph May appealed his conviction and sentence as a habitual felony offender. The court affirmed his guilty plea to grand theft but reversed his habitual offender sentence because the two predicate convictions were not sentenced separately as required by statute.
• Jones v. State
  708 So. 2d 337· Fla. 4th DCA· 1998-04-08 ·cited 10×·via Involuntary Plea
  Kevin Jones appealed his guilty plea conviction, but the public defender filed an Anders brief indicating no arguable errors. The court affirmed the conviction, holding that Jones failed to preserve the issue of whether the plea colloquy reflected consideration of available defen
• Fernandez v. State
  701 So. 2d 632· Fla. 4th DCA· 1997-11-12 ·cited 10×·via Involuntary Plea
  The Florida District Court of Appeal reversed the trial court's summary denial of Jose Fernandez's rule 3.850 motion for postconviction relief because the trial court failed to hold an evidentiary hearing or attach record excerpts addressing legally sufficient claims of involunta
• Tolbert v. State
  698 So. 2d 1288· Fla. 2d DCA· 1997-08-20 ·cited 10×
  Patrick Tolbert appealed his sentences for three convictions of battery on a law enforcement officer, challenging the scoring of prior convictions and the imposition of certain costs. The court affirmed the sentences but struck prosecution and investigative costs that were impose
• Buell v. State
  704 So. 2d 552· Fla. 4th DCA· 1997-06-11 ·cited 10×
  Appellant Buell entered a guilty plea with notice that committing another crime before sentencing would result in an open plea allowing enhanced sentencing. Buell was arrested for a new crime before sentencing and sought to withdraw his plea, but the trial court denied the motion
• D.V.L. v. State
  693 So. 2d 693· Fla. 2d DCA· 1997-05-09 ·cited 10×·via Knowing And Voluntary Plea
  The court held that the juvenile's plea colloquy was inadequate, requiring an opportunity to withdraw her plea to escape charges and reversal of the burglary adjudication.
• Rousseau v. State
  658 So. 2d 1190· Fla. 1st DCA· 1995-08-10 ·cited 10×