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

• Bentura Flores v. Estelle
  578 F.2d 80· 5th Cir.· 1978-08-08 ·cited 10×
  A federal court need not hold an evidentiary hearing if a full and fair state hearing was held and the federal judge can adjudicate the case without repeating the process.
• Bell v. State OF N.C.
  576 F.2d 564· 4th Cir.· 1978-05-01 ·cited 10×
  A guilty plea is not rendered involuntary by the failure to advise a defendant of potential parole eligibility, as this is not a direct consequence of the plea.
• Knowles v. State
  356 So. 2d 885· Fla. 3d DCA· 1978-03-21 ·cited 10×·via Involuntary Plea
  A defendant is not required to be advised of mandatory minimum sentences for a plea to be considered voluntary.
• Watkins v. Solem
  571 F.2d 435· 8th Cir.· 1978-03-02 ·cited 10×
  A guilty plea is not rendered involuntary by a prosecutor's offer to refrain from filing more serious charges in exchange for a plea, provided the plea is made intelligently and voluntarily.
• Thornton v. State
  354 So. 2d 892· Fla. 3d DCA· 1978-01-10 ·cited 10×
  Jimmie Lee Thornton appeals the denial of his motion to vacate a guilty plea conviction, alleging ineffective assistance of counsel based on claims that his appointed counsel misrepresented the sentencing range and failed to investigate. The Florida District Court of Appeal affir
• Brown v. United States
  565 F.2d 862· 3d Cir.· 1977-11-22 ·cited 10×
  The court held that the record did not conclusively show the petitioner was not entitled to relief, requiring further proceedings.
• United States v. Jackson
  563 F.2d 1145· 4th Cir.· 1977-10-18 ·cited 10×
  A district court's refusal to consider a plea agreement's sentence recommendation does not vitiate a guilty plea entered knowingly and voluntarily.
• Armstrong v. Egeler
  563 F.2d 796· 6th Cir.· 1977-10-10 ·cited 10×
  A criminal defendant's guilty plea is constitutionally invalid if made without understanding that he will be ineligible for parole, as this constitutes a failure to understand the consequences of the plea.
• Burns v. United States
  552 F.2d 828· 8th Cir.· 1977-04-11 ·cited 10×
  The court held that the initial sentence imposed under 18 U.S.C. § 5010(c) was illegal because it specified a fixed term, and the subsequent correction of the sentence under 18 U.S.C. § 5010(b) was permissible and did not unlawfully increase the sentence. The court also held that
• Ballard v. Maggio
  544 F.2d 1247· 5th Cir.· 1977-01-10 ·cited 10×·via Knowing And Voluntary Plea
  The court held that the petitioner had sufficiently exhausted state remedies regarding ineffective assistance of counsel and remanded for an evidentiary hearing to determine if counsel's ineffectiveness rendered the guilty plea involuntary.
• Allison v. Blackledge
  533 F.2d 894· 4th Cir.· 1976-04-13 ·cited 10×
  The court, by majority, reversed the denial of a § 2255 motion, requiring an evidentiary hearing on the voluntariness of a guilty plea despite assurances given at arraignment.
• Hendron v. Cowan
  532 F.2d 1081· 6th Cir.· 1976-04-06 ·cited 10×
  The court held that the guilty plea was voluntary under pre-Boykin standards and that Boykin v. Alabama should not be applied retroactively.
• Stevenson v. Mathews
  529 F.2d 61· 7th Cir.· 1976-02-04 ·cited 10×
  The court held that the petitioner's physical presence was not suppressible and that his possession conviction was not attackable due to his guilty plea.
• Fontaine v. United States
  526 F.2d 514· 6th Cir.· 1975-12-08 ·cited 10×
  A guilty plea is valid if intelligently and voluntarily made, even if the arresting officer did not enumerate each constitutional right waived, and an illegal arrest does not invalidate a voluntary guilty plea.
• Tucker v. State
  316 So. 2d 297· Fla. 1st DCA· 1975-06-30 ·cited 10×
  The court holds that Florida Rule 3.170(j) does not require a trial court to determine a factual basis for a plea of nolo contendere, even though it does require such a determination for guilty pleas. The decision interprets the statutory language and legislative intent to exclud
• Scranton v. Whealon
  514 F.2d 99· 6th Cir.· 1975-03-18 ·cited 10×
  The court held that the plea of guilty was voluntarily made and that Boykin v. Alabama does not require a specific judicial colloquy for state court guilty pleas entered before Boykin was decided.
• Hamilton v. State
  306 So. 2d 600· Fla. 2d DCA· 1975-01-29 ·cited 10×
  Julius Hamilton appealed his guilty plea convictions for robbery, challenging the validity of his plea and his sentences. The court affirmed the convictions but remanded for reduction of sentences to provide credit for pretrial jail time under a newly effective Florida statute.
• Wall v. United States
  500 F.2d 38· 10th Cir.· 1974-07-22 ·cited 10×
  A trial court is not required to advise a defendant of every collateral consequence of a guilty plea, including the possibility of consecutive sentences, as long as the direct consequences and maximum penalties are understood.
• United States v. Huffman
  490 F.2d 412· 8th Cir.· 1973-12-18 ·cited 10×
• Lockett v. Henderson
  484 F.2d 62· 5th Cir.· 1973-08-31 ·cited 10×
  A guilty plea is voluntary even if the accused is not specifically apprised of the right to trial by jury, privilege against self-incrimination, and right to confront accusers. The district court's memorandum of reasons was sufficient under Rule 52(a).
• United States v. Erlenborn
  483 F.2d 165· 9th Cir.· 1973-07-13 ·cited 10×·via Knowing And Voluntary Plea
  The court held that the trial court did not err in denying the defendant's motion to withdraw his guilty plea and that the plea colloquy complied with Rule 11.
• Dorman v. State
  279 So. 2d 854· Fla.· 1973-06-06 ·cited 10×
  The Florida Supreme Court held that a trial judge abused discretion by failing to conduct a mental examination and hearing regarding whether a defendant charged with sexual crimes was a criminal sexual psychopath as defined by statute, despite the presence of psychiatric evidence
• United States v. Walid Warwar
  478 F.2d 1183· 1st Cir.· 1973-03-20 ·cited 10×
  The court held that while the district court failed to comply with Rule 11 by not informing the defendant of potential waiver of rights, the conviction would not be overturned because the waived claim was meritless.
• Beavers v. Park J. Anderson
  474 F.2d 1114· 10th Cir.· 1973-03-16 ·cited 10×
  The court held that where a habeas petitioner alleges coercion in his guilty plea, the federal court must conduct an inquiry to determine if the state court adequately ascertained the plea's voluntariness, even if a written form exists.
• Weaver v. State OF Tex.
  474 F.2d 1135· 5th Cir.· 1973-03-05 ·cited 10×
  The court held that a federal court may entertain a habeas corpus petition attacking a prior conviction even if the petitioner is currently serving a sentence for a subsequent conviction, provided state remedies have been exhausted for the prior conviction.
• United States v. Eidum
  474 F.2d 579· 9th Cir.· 1973-02-06 ·cited 10×
  The court held that a speedy trial claim based on pre-indictment delay fails if the defendant was merely questioned and not formally accused. It also held that credit for state custody requires federal action affecting that custody, and remanded for an evidentiary hearing on the
• Howard v. Beto
  466 F.2d 1356· 5th Cir.· 1972-09-08 ·cited 10×
  The court held that the appellant's claims of ineffective assistance of counsel and involuntary guilty pleas were without merit.
• Gilbert v. United States
  466 F.2d 533· 5th Cir.· 1972-09-07 ·cited 10×
  The court held that a guilty plea must be vacated if the trial court failed to establish a factual basis for the plea on the record, as required by Rule 11.
• Villarreal v. United States
  461 F.2d 765· 9th Cir.· 1972-06-01 ·cited 10×·via Involuntary Plea
  The court held that the district court erred in denying the second application for postconviction relief without an evidentiary hearing because the prior denial was not on the merits and the ends of justice required reaching the merits.
• Application v. United States
  452 F.2d 1104· 9th Cir.· 1972-01-03 ·cited 10×
  An evidentiary hearing is not required on a motion to set aside a conviction based on drug influence at the time of plea, unless the petitioner alleges facts indicating how they came to be under the influence.
• Christy v. United States
  437 F.2d 54· 9th Cir.· 1971-01-15 ·cited 10×
  A district court's discretion to deny an evidentiary hearing on a § 2255 motion is limited to claims that are patently false, frivolous, or incredible.
• United States v. Earnest Dean Sanders
  435 F.2d 1282· 10th Cir.· 1970-12-22 ·cited 10×·via Knowing And Voluntary Plea
  A guilty plea is void if the sentencing court fails to personally address the defendant and determine their understanding of the nature of the charges, as required by Rule 11.
• Becker v. The State OF Neb.
  435 F.2d 157· 8th Cir.· 1970-12-15 ·cited 10×
  A voluntary guilty plea waives the non-jurisdictional claim of denial of a speedy trial.
• Boyd v. Smith
  435 F.2d 153· 5th Cir.· 1970-12-14 ·cited 10×
  A voluntary and knowing guilty plea waives all non-jurisdictional defects in the proceedings.
• Sherburne v. United States
  433 F.2d 1350· 8th Cir.· 1970-11-18 ·cited 10×
  The court should have held an evidentiary hearing to determine if the defendant fully understood the charges and maximum sentence before denying his motion to withdraw his guilty plea.
• Dickie Lee Lawrence v. Lake F. Russell
  430 F.2d 718· 6th Cir.· 1970-09-04 ·cited 10×
  The court held that the petitioner's guilty plea was voluntary and that the district court's denial of the writ of habeas corpus was correct.
• McMICHAELS v. Barker L. Hancock
  428 F.2d 1222· 1st Cir.· 1970-07-08 ·cited 10×
  The court held that the petitioner had not exhausted his state remedies regarding his claim of an involuntary guilty plea.
• Holnagel v. Kropp
  426 F.2d 777· 6th Cir.· 1970-05-27 ·cited 10×·via Involuntary Plea
  The court held that a mistaken interpretation of a statute by counsel, when viewed in the context of the entire record and other valid reasons for the advice given, does not render the assistance of counsel ineffective.
• Onick v. United States
  425 F.2d 1292· 5th Cir.· 1970-05-06 ·cited 10×
  A guilty plea is not rendered involuntary by the trial court's failure to inform the defendant of his ineligibility for parole.
• Lassiter v. Turner
  423 F.2d 897· 4th Cir.· 1970-03-27 ·cited 10×
  The court affirmed the lower court's decision based on state law.
• United States ex rel. Charles Albert Holes v. Mancusi
  423 F.2d 1137· 2d Cir.· 1970-03-26 ·cited 10×
  The court held that the petitioner failed to present sufficient particularized allegations and supporting material to warrant a federal habeas corpus hearing on the voluntariness of his guilty plea.
• United States ex rel. James Hoey Fear v. Commonwealth OF Pa.
  423 F.2d 55· 3d Cir.· 1970-03-11 ·cited 10×
  The court held that the relator is entitled to an evidentiary hearing to determine if his guilty plea was entered intelligently and voluntarily, despite the plea occurring before Boykin v. Alabama.
• Ellis Salem George v. United States
  421 F.2d 128· 2d Cir.· 1970-01-13 ·cited 10×·via Knowing And Voluntary Plea
  The court held that the defendant's guilty plea, entered before the Supreme Court's decision in McCarthy v. United States, was not automatically invalidated by the trial judge's failure to comply with Rule 11.
• Curry v. Louie L. Wainwright
  416 F.2d 379· 5th Cir.· 1969-09-26 ·cited 10×
  The court held that the appellant's application for a certificate of probable cause and leave to appeal was timely filed as a notice of appeal, and that the district court did not commit clear error in finding the guilty plea was voluntary.
• United States ex rel. McKinley Williams v. Hon. Harold W. Follette
  408 F.2d 658· 2d Cir.· 1969-03-20 ·cited 10×
  The court should affirm the district court's denial of the petition without a hearing, as the claims are insubstantial.
• United States v. Perchalla
  407 F.2d 821· 4th Cir.· 1969-02-28 ·cited 10×
  The court held that the trial judge did not abuse his discretion in refusing a continuance, that the guilty pleas were voluntary, and that defendants were not prejudiced by the presentence report or the judge's remarks.
• Curry v. Burke
  404 F.2d 65· 7th Cir.· 1968-12-04 ·cited 10×
  A voluntary guilty plea waives a claim of ineffective assistance of counsel due to a conflict of interest.
• Streets v. Louie L. Wainwright
  402 F.2d 87· 5th Cir.· 1968-10-15 ·cited 10×
  The court held that the factual allegations regarding a coerced guilty plea were sufficient to require an evidentiary hearing.
• French v. United States
  416 F.2d 1149· 9th Cir.· 1968-10-11 ·cited 10×
  The court held that a trial judge has discretion to allow a late response to requests for admissions, relieving a party of default, and that illegally obtained evidence does not automatically invalidate a guilty plea unless it induced the plea.
• Stubblefield v. Beto
  399 F.2d 424· 5th Cir.· 1968-07-24 ·cited 10×·via Voluntary And Intelligent Guilty Plea
  The court held that the appellant intelligently and competently waived his right to counsel when pleading guilty to a misdemeanor charge.