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

• Colding v. State
  638 So. 2d 1008· Fla. 2d DCA· 1994-06-15 ·cited 10×
  Timothy Colding appeals the denial of his postconviction motion, challenging whether he received adequate representation when counsel allegedly coerced him to plead guilty despite his claims of innocence and without an adequate factual basis for the plea. The court reversed becau
• Freber v. State
  638 So. 2d 140· Fla. 4th DCA· 1994-06-08 ·cited 10×
  Freber appealed the denial of his motion to vacate his guilty plea and sentence under Florida Rule 3.850, claiming inadequate plea colloquy and lack of inquiry into potential defenses. The Fourth District Court of Appeal affirmed the trial court's denial, finding no prejudice or
• Norman v. State
  634 So. 2d 212· Fla. 4th DCA· 1994-03-23 ·cited 10×
  A defendant who pleads nolo contendere without an express reservation of the right to appeal cannot pursue a direct appeal.
• Zduniak v. State
  620 So. 2d 1083· Fla. 2d DCA· 1993-06-25 ·cited 10×·via Involuntary Plea
  Mark Zduniak appealed the summary denial of his motion for postconviction relief, raising claims of ineffective assistance of counsel. The court affirmed denial of some claims but reversed and remanded regarding whether counsel made incorrect promises about the actual length of h
• Lowe v. State
  605 So. 2d 505· Fla. 5th DCA· 1992-09-04 ·cited 10×
  Charles Lowe appealed the denial of his Rule 3.850 motion challenging his plea and sentence on ineffective assistance grounds. The court found merit only in his claim that the probation portion of his sentence as a habitual offender was illegal, holding that a trial judge must se
• United States v. Lambey
  974 F.2d 1389· 4th Cir.· 1992-09-02 ·cited 10×
  The court should have allowed withdrawal of the guilty plea because counsel's mistaken advice provided a 'fair and just reason' under Rule 32(d).
• Gerrard D. Jones v. State
  602 So. 2d 694· Fla. 2d DCA· 1992-08-07 ·cited 10×
  The court held that the record was insufficient to refute the defendant's claim that his guilty plea was motivated by an unfulfilled promise of leniency.
• United States v. Austin
  948 F.2d 783· 1st Cir.· 1991-10-08 ·cited 10×·via Voluntary And Intelligent Guilty Plea
  The court held that a defendant's perjury during a plea withdrawal hearing mandates a two-level enhancement for obstruction of justice under the Sentencing Guidelines, and that a district court has no discretion to deny this enhancement.
• Chandler v. Armontrout
  940 F.2d 363· 8th Cir.· 1991-08-01 ·cited 10×·via Knowing And Voluntary Plea
  The court held that the district court did not err in denying the habeas petition, as counsel was not ineffective and the guilty plea was knowing and voluntary.
• Seymour v. State
  582 So. 2d 127· Fla. 4th DCA· 1991-07-03 ·cited 10×
  The court held that conducting a sentencing hearing via closed-circuit television without the defendant's physical presence is improper and requires reversal.
• Taylor v. Whitley
  933 F.2d 325· 5th Cir.· 1991-06-13 ·cited 10×
  A voluntary and intelligent guilty plea waives the right to collaterally attack convictions on double jeopardy grounds, unless the violation is apparent on the face of the indictment or record.
• Henderson v. Cohn
  919 F.2d 1270· 7th Cir.· 1990-12-11 ·cited 10×
  The court held that a petitioner's failure to demonstrate cause and prejudice for a procedural default in state court bars federal habeas corpus review, and illiteracy does not constitute cause.
• United States v. Artemio Gomez-Cuevas
  917 F.2d 1521· 10th Cir.· 1990-11-07 ·cited 10×
  The court held that the district court's failure to explicitly advise the defendant of all specific rights associated with a jury trial, the potential for perjury prosecution, and the application of Sentencing Guidelines did not affect substantial rights and constituted harmless
• Bailey v. Cowley
  914 F.2d 1438· 10th Cir.· 1990-09-25 ·cited 10×
  The court held that a guilty plea is not rendered involuntary or unintelligent by the defendant's fear of using a prior conviction that was later invalidated, especially when the prior conviction was not used for impeachment or sentence enhancement and the plea was entered to a l
• Sawyers v. State
  566 So. 2d 942· Fla. 2d DCA· 1990-09-19 ·cited 10×·via Involuntary Plea
  Sawyers appealed the summary denial of his 3.850 motion for postconviction relief, alleging his counsel was ineffective and his guilty plea involuntary because counsel promised concurrent sentencing but failed to object when the court imposed consecutive sentences. The appellate
• United States v. Stumpf
  900 F.2d 842· 5th Cir.· 1990-05-11 ·cited 10×
  The court held that a defendant's Rule 35(a) motion, treated as a collateral attack, could not establish an illegal sentence based on a failure to warn about restitution when the restitution amount was less than potential fines and the promissory note was a pre-existing civil obl
• Blalock v. A.L. Lockhart
  898 F.2d 1367· 8th Cir.· 1990-03-27 ·cited 10×
  The court held that a federal evidentiary hearing is required to determine if the petitioner received ineffective assistance of counsel regarding the accomplice corroboration rule and whether his guilty plea was knowing and voluntary.
• Leeroy B. Bostic, Jr. v. Carlson
  884 F.2d 1267· 9th Cir.· 1989-09-07 ·cited 10×
  The court held that the district court's dismissals of the habeas corpus petitions were proper because the appellant failed to demonstrate a denial of due process or present sufficient facts to support his claims.
• Spadaro v. State
  539 So. 2d 1169· Fla. 2d DCA· 1989-03-10 ·cited 10×·via Involuntary Plea
  The court held that the trial court erred in summarily denying the defendant's double jeopardy claim, and that the Carawan decision is retroactively applicable.
• Sparks v. Sowders
  852 F.2d 882· 6th Cir.· 1988-08-04 ·cited 10×
  The court held that a petitioner is entitled to an evidentiary hearing on an ineffective assistance of counsel claim when alleging gross misadvice concerning parole eligibility that affected his guilty plea.
• United States v. Espinoza
  866 F.2d 1067· 9th Cir.· 1988-03-09 ·cited 10×·via Involuntary Plea
  A district court cannot deny a § 2255 motion without a hearing if the prisoner's allegations of plea coercion are based on occurrences entirely outside the record. Claims for pre-sentencing custody credit are not cognizable under § 2255.
• Allen v. State
  515 So. 2d 256· Fla. 1st DCA· 1987-09-17 ·cited 10×
  Vincent Allen appeals denial of his post-conviction motion challenging his youthful offender sentences. The court agrees that Allen's six-year sentences for two third-degree felonies exceeded the statutory maximum of five years applicable to youthful offenders, making the sentenc
• Netherly v. State
  508 So. 2d 524· Fla. 2d DCA· 1987-06-10 ·cited 10×·via Involuntary Plea
  The court held that a defendant is entitled to withdraw a nolo contendere plea if they were not informed that the plea would cause them to lose gain-time, thereby extending their release date.
• Jairo E. Betancourt v. Willis
  814 F.2d 1546· 11th Cir.· 1987-04-20 ·cited 10×
  The court held that ineffective assistance of counsel rendered the guilty plea involuntary, affirming the grant of habeas corpus relief.
• Ewing v. Norris W. McMACKIN
  799 F.2d 1143· 6th Cir.· 1986-09-03 ·cited 10×
  The court held that failure to raise claims on direct appeal or appeal post-conviction relief denials constitutes a procedural default, barring federal habeas review absent cause and prejudice, unless the actual innocence exception applies. Ineffective assistance of counsel must
• Lonergan v. State
  495 So. 2d 196· Fla. 2d DCA· 1986-08-15 ·cited 10×
  Lonergan appeals the summary denial of his post-conviction relief motion, challenging the voluntariness of his guilty plea. The court reverses the summary denial of his ineffective assistance of counsel claim regarding alleged promises of charge reduction and remands for an evide
• Little v. State
  492 So. 2d 807· Fla. 1st DCA· 1986-08-11 ·cited 10×
  Harold Little appeals the denial of his motion to vacate sentence for writing a worthless check, claiming his guilty plea was induced by a plea bargain that was not honored. The court affirmed, holding that judges are not bound by prosecutorial sentencing recommendations and Litt
• United States v. Benavides
  793 F.2d 612· 5th Cir.· 1986-06-20 ·cited 10×·via Knowing And Voluntary Plea
  A defendant must show a fair and just reason to withdraw a guilty plea before sentencing, and the mere absence of prejudice to the government is insufficient if no credible reason is proffered.
• Praylow v. Martin
  761 F.2d 179· 4th Cir.· 1985-05-08 ·cited 10×
  The court held that the late appointment of counsel does not automatically create a presumption of ineffective assistance, and the defendant failed to show actual prejudice.
• United States v. Colin Kerdachi
  756 F.2d 349· 5th Cir.· 1985-03-19 ·cited 10×
  The dissenting judge believes the plea bargain was valid and binding, and the subsequent discussion was merely a clarification.
• Wallace v. State
  463 So. 2d 467· Fla. 2d DCA· 1985-02-06 ·cited 10×·via Involuntary Plea
  Herman Wallace appeals the denial of his second Rule 3.850 post-conviction relief motion. The appellate court reverses the trial court's summary denial and remands for consideration on the merits of Wallace's claims of ineffective assistance of counsel, plea agreement violation,
• Brushingham v. State
  460 So. 2d 523· Fla. 4th DCA· 1984-12-12 ·cited 10×·via Knowing And Voluntary Plea
  A Florida appellate court affirmed the revocation of probation and sentencing where the defendant agreed to probation conditioned on making restitution payments within a set timeframe and waived the right to challenge the probation violation based on inability to pay. The court h
• Walker v. Maggio
  738 F.2d 714· 5th Cir.· 1984-08-20 ·cited 10×·via Knowing And Voluntary Plea
  The court held that the petitioner failed to overcome the presumption of correctness accorded to the state court's finding that his guilty plea was knowingly and voluntarily entered.
• Reed v. State
  447 So. 2d 933· Fla. 3d DCA· 1984-03-13 ·cited 10×·via Knowing And Voluntary Plea
  Ronald Ellis Reed appealed the denial of his Rule 3.850 post-conviction relief motion claiming ineffective assistance of counsel in connection with his guilty plea to manslaughter by operating a motor vehicle while intoxicated. The court affirmed the denial, holding that counsel'
• Alvaro L. Hernandez, Jr. v. W.J. Estelle, Jr.
  711 F.2d 619· 5th Cir.· 1983-08-08 ·cited 10×
  The court held that the district court erred by not conducting a de novo review of the magistrate's report and recommendations based on the hearing transcript.
• United States v. Stanton
  703 F.2d 974· 6th Cir.· 1983-04-05 ·cited 10×
  The court held that a defendant is entitled to withdraw a guilty plea if the district court fails to inform them that they have no right to withdraw a type (B) plea after the court does not accept the government's recommendation.
• In the Interest of W.B.
  428 So. 2d 309· Fla. 4th DCA· 1983-03-16 ·cited 10×
  A fourteen-year-old juvenile appeals a 1979 adjudication of delinquency for breaking and entering, arguing the guilty plea was involuntary. The court reverses and remands for an evidentiary hearing to determine plea voluntariness, holding that a juvenile has habeas corpus rights
• Bowen v. A.L. Murphy & the Attorney Gen. of the State of Okla.
  698 F.2d 381· 10th Cir.· 1983-01-31 ·cited 10×
  The court held that the district court did not err in dismissing the habeas corpus petition as delayed under Rule 9(a) because the state demonstrated prejudice and the petitioner failed to rebut it or explain the delay.
• Elroy Lynn Wabasha v. Solem
  694 F.2d 155· 8th Cir.· 1982-12-01 ·cited 10×
  The court held that the defendant did not knowingly and intelligently waive his right to counsel because the trial court's inquiry was perfunctory and lacked a penetrating discussion of the consequences.
• Jessee Travis Rouse v. Foster
  672 F.2d 649· 8th Cir.· 1982-03-01 ·cited 10×
  The court held that the prisoner's guilty plea was voluntary and intelligent, and his indeterminate sentence was not constitutionally infirm, thus affirming the denial of his habeas corpus petition.
• Stephens v. State
  399 So. 2d 1106· Fla. 5th DCA· 1981-06-24 ·cited 10×·via Involuntary Plea
  Appellate court reversed denial of Rule 3.850 motion for post-conviction relief because trial court failed to either hold an evidentiary hearing or attach case file portions refuting the involuntary guilty plea allegation.
• Alessi v. United States
  653 F.2d 66· 2d Cir.· 1981-06-22 ·cited 10×·via Knowing And Voluntary Plea
  The court held that the district court did not err in dismissing a successive § 2255 petition because the issues raised had already been decided on their merits by prior court decisions.
• Johnson v. United States
  650 F.2d 1· 1st Cir.· 1981-05-28 ·cited 10×
  A guilty plea is not rendered unintelligent by later application of revised parole guidelines, especially when the defendant's own actions, such as becoming a fugitive, render initial parole calculations irrelevant.
• Ivie Clay v. Dir., Juv. Div., Dep't OF Corr.
  631 F.2d 516· 7th Cir.· 1980-10-01 ·cited 10×
  The court held that a juvenile's guilty plea may be constitutionally inadequate if the juvenile was unaware of available defenses or misunderstood the terms of a plea agreement.
• United States v. Hach
  615 F.2d 1203· 8th Cir.· 1980-02-22 ·cited 10×
  A defendant's guilty plea extinguishes their right to raise a claim regarding violations of the Interstate Agreement on Detainers Act (IAD) because such violations are non-jurisdictional and waivable. Furthermore, allegations of ineffective assistance of counsel were unsubstantia
• United States v. Lambros
  614 F.2d 179· 8th Cir.· 1980-01-28 ·cited 10×
  A defendant's sworn statements at a guilty plea hearing are conclusively established unless a valid reason is given to depart from them.
• United States v. King
  604 F.2d 411· 5th Cir.· 1979-10-12 ·cited 10×
  The court held that the district court did not err in denying the motion to vacate the sentence, as the plea proceedings, despite minor deviations from Rule 11, did not constitute a complete miscarriage of justice and the plea agreement was honored.
• Ellis v. Mabry
  601 F.2d 363· 8th Cir.· 1979-07-09 ·cited 10×
  The court held that a district court cannot dismiss a habeas corpus petition under Rule 9(a) or (b) without making specific findings regarding prejudice or abuse of the writ, and must hold a hearing on the merits if issues have not been previously decided.
• State v. Nimmons
  364 So. 2d 1262· Fla. 1st DCA· 1978-12-07 ·cited 10×
  A petitioner sought mandamus to compel a judge to accept a guilty plea to second-degree murder. The court held that the trial court properly rejected the plea because it was a tactical maneuver to avoid a first-degree murder indictment, and no absolute right exists to have a guil
• Harned v. Henderson
  588 F.2d 12· 2d Cir.· 1978-11-21 ·cited 10×
  A guilty plea is not voluntary in a constitutional sense if the defendant did not receive real notice of the true nature of the charge against him.