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

• Hamilton v. State
  390 F.2d 872· 5th Cir.· 1968-03-15 ·cited 10×
  A voluntary and understanding guilty plea is conclusive and waives all non-jurisdictional defects in prior proceedings.
• DeMOTTE v. State
  203 So. 2d 662· Fla. 1st DCA· 1967-11-09 ·cited 10×
  DeMotte, convicted of assault with intent to commit murder and sentenced to twenty years, sought to vacate his judgment and sentence, claiming he was deprived of counsel after the assault and denying his post-conviction motion for appellate counsel. The court held that while his
• Weeks v. State
  201 So. 2d 764· Fla. 3d DCA· 1967-08-15 ·cited 10×
  The appellate court affirmed the denial of a motion for post-conviction relief, holding that the defendant's guilty pleas were not improperly induced or involuntary. The court found the defendant's arguments regarding counsel and prior confessions to be without merit.
• United States v. Schmidt
  376 F.2d 751· 4th Cir.· 1967-05-02 ·cited 10×
  The court held that the defendant's conviction in the Denver case was fatally flawed due to ambiguous jury instructions and verdict form, and his guilty plea in the Claremont case was involuntary due to judicial coercion. Both convictions are reversed.
• United States ex rel. John L. Collins v. Maroney
  382 F.2d 547· 3d Cir.· 1967-03-23 ·cited 10×
  The court held that the record must be enlarged and the petitioner must be accorded a hearing to determine the voluntariness of his guilty plea and confession.
• Fleming v. United States
  367 F.2d 555· 5th Cir.· 1966-10-18 ·cited 10×
  The court held that the district court did not err in denying the petitioner's motion for relief under 28 U.S.C. § 2255, nor did it abuse its discretion in refusing to appoint counsel for the evidentiary hearing.
• Martin v. United States
  364 F.2d 894· C.C.P.A.· 1966-08-12 ·cited 10×
  The court held that a defendant's voluntary guilty plea waives claims about the minor nature of his role in the offense, and sentence disparity with a co-defendant is not an abuse of discretion if within legal limits.
• Kagen v. United States
  360 F.2d 30· 10th Cir.· 1966-04-19 ·cited 10×
  The court held that a prisoner not yet in custody for a federal sentence cannot use 28 U.S.C. § 2255 to attack that sentence, but may pursue relief via writ of error coram nobis if justice compels.
• Ostermann v. State
  183 So. 2d 873· Fla. 2d DCA· 1966-03-16 ·cited 10×
  Ostermann appeals his conviction for grand larceny, contending the trial judge abused discretion by refusing to allow him to withdraw his guilty plea. The appellate court affirms, holding that a defendant seeking to withdraw a guilty plea must show good cause—such as mental weakn
• Haier v. United States
  357 F.2d 336· 10th Cir.· 1966-01-31 ·cited 10×
  A voluntary plea of guilty entered with advice of counsel after formal arraignment, which was not induced by prior proceedings without counsel, overcomes the presumption of constitutional right denial.
• Darl D. Parker v. United States
  358 F.2d 50· 7th Cir.· 1965-12-03 ·cited 10×
  The court held that the petitioner's claims of an eavesdropping device and an involuntary guilty plea based on a broken promise were insufficient to warrant a hearing, given the lack of proof and the petitioner's prior sworn statements.
• Vess v. Peyton
  352 F.2d 325· 4th Cir.· 1965-10-28 ·cited 10×
  The court affirmed the dismissal of the habeas corpus petition, finding no denial of constitutional rights.
• Coleman v. State
  172 So. 2d 854· Fla. 2d DCA· 1965-03-17 ·cited 10×
  The court held that the petitioner's voluntary guilty plea, entered with counsel, rendered his presence at a post-conviction relief hearing unnecessary.
• Merritt v. State
  165 So. 2d 245· Fla. 2d DCA· 1964-06-12 ·cited 10×
  Carl Wallace Merritt appealed the denial of post-conviction relief following his 1962 guilty plea to forgery. The Florida appellate court reversed and remanded because the trial court improperly denied the motion without a hearing, particularly given Gideon v. Wainwright's recogn
• Romero v. United States
  327 F.2d 711· 5th Cir.· 1964-02-07 ·cited 10×
  The court held that the district judge erred in denying a hearing on a Section 2255 petition based on a misconstruction of the statute and Supreme Court precedent.
• Smith v. United States
  309 F.2d 165· 9th Cir.· 1962-09-11 ·cited 10×
  The court held that the defendant's plea was based on erroneous advice regarding the elements of the offense under 18 U.S.C. § 2113(d).
• Sorrenti v. United States
  306 F.2d 236· 5th Cir.· 1962-07-26 ·cited 10×
  A guilty plea is voluntary if, despite any promises, the defendant, with competent counsel, understands the consequences and voluntarily chooses to plead.
• Clark v. United States
  273 F.2d 68· 6th Cir.· 1959-12-31 ·cited 10×
  A motion to vacate a sentence under 28 U.S.C. § 2255 cannot be used to challenge the sufficiency of the evidence when the defendant entered a voluntary plea of guilty.
• United States v. Wantland
  199 F.2d 237· 7th Cir.· 1952-10-10 ·cited 10×
  The court held that the defendant was entitled to a hearing on his motion to vacate his sentence, as the record did not conclusively show he was not entitled to relief.
• Taylor v. United States
  182 F.2d 473· 9th Cir.· 1950-05-23 ·cited 10×
  The court held that the petitioner's claims regarding lack of indictment copy and voluntary plea were without merit and previously adjudicated.
• Waley v. Johnston
  139 F.2d 117· 9th Cir.· 1943-12-07 ·cited 10×
  The court held that a guilty plea entered with counsel present, even if preceded by confessions obtained in violation of McNabb, is valid if the confessions were not used in the proceedings where the plea was entered.
• Murrey v. United States
  138 F.2d 94· 8th Cir.· 1943-10-12 ·cited 10×
  The court held that the district court did not err in denying the inmate's motion to vacate his sentences, as the evidence supported the findings that he was not denied constitutional rights when entering his guilty pleas.
• Parrish v. State
  201 So. 3d 145· Fla. 3d DCA· 2016-01-06 ·cited 9×·via Involuntary Plea
  Thomas Parrish, who pleaded guilty to armed robbery, kidnapping, aggravated battery, and sexual battery and received a 25-year sentence, petitioned for a writ of habeas corpus to obtain a belated appeal. The court appointed a commissioner to hold an evidentiary hearing to resolve
• Tipler v. State
  149 So. 3d 1192· Fla. 1st DCA· 2014-11-04 ·cited 9×·via Involuntary Plea
  A defendant has a constitutional right to assistance of counsel when filing a motion to withdraw a plea after sentencing under Rule 3.170(Z), which is a critical stage of criminal proceedings. Complete denial of counsel assistance during this stage is per se reversible error.
• Farr v. State
  124 So. 3d 766· Fla.· 2012-11-29 ·cited 9×
  Victor Marcus Farr challenges his death sentence conviction by appealing the trial court's denial of his Rule 3.851 motion for post-conviction relief and filing a habeas corpus petition. The Florida Supreme Court affirms the denial of post-conviction relief and denies the habeas
• Ortega v. State
  76 So. 3d 346· Fla. 3d DCA· 2011-12-07 ·cited 9×·via Involuntary Plea
  Ortega appealed the denial of his motion to correct an illegal sentence filed seven years after his guilty plea to drug possession charges. The court affirmed, holding that Ortega's claim of involuntary plea must be brought under Rule 3.850 rather than Rule 3.800, and his Rule 3.
• Tapp v. State
  44 So. 3d 666· Fla. 2d DCA· 2010-10-06 ·cited 9×·via Involuntary Plea
  Kyle Tapp appealed the denial of his Rule 3.850 postconviction motion alleging ineffective assistance of counsel. The court affirmed the dismissal of most claims but reversed and remanded one claim involving counsel's failure to advise of double jeopardy protections regarding mul
• Makendy Alfred v. State
  998 So. 2d 1197· Fla. 4th DCA· 2009-01-14 ·cited 9×
  Makendy Alfred appeals the denial of his motion to withdraw his no-contest plea to armed burglary and related charges. The trial court rejected his claim that counsel misadvised him about his sentence, finding the plea colloquy conclusively established his understanding of the se
• Angeline Towery v. State
  977 So. 2d 774· Fla. 2d DCA· 2008-03-28 ·cited 9×·via Involuntary Plea
  The court held that a defendant's claim of an involuntary guilty plea based on an inaccurate sentencing guidelines score-sheet is not facially sufficient without alleging that the defendant would not have entered the plea had the score-sheet been correct. However, the court affir
• Ciambrone v. State
  938 So. 2d 550· Fla. 2d DCA· 2006-08-18 ·cited 9×·via Involuntary Plea
  Heather Ciambrone pleaded no contest to second-degree murder based on counsel's misinformation about gain time eligibility. The court held that her plea was involuntary because counsel received incorrect information from the Department of Corrections stating she could serve 16-18
• Mungen v. State
  932 So. 2d 1229· Fla. 2d DCA· 2006-07-07 ·cited 9×
  Gary Mungen appealed the denial of his Rule 3.850 motion for postconviction relief, challenging his guilty plea and claiming ineffective assistance of counsel. The court affirmed the denial of the ineffective assistance claim but reversed and remanded regarding the involuntary pl
• Baker v. State
  879 So. 2d 663· Fla. 5th DCA· 2004-08-06 ·cited 9×
  Dennis Baker appeals the summary denial of his Rule 3.850 motion challenging his conviction and 15-year sentence for robbery with a mask on grounds of ineffective assistance of counsel. The Fifth District affirmed the summary denial but gave Baker leave to refile with additional
• M.Q. v. State
  818 So. 2d 615· Fla. 5th DCA· 2002-05-31 ·cited 9×·via Involuntary Plea
  M.Q., a juvenile, appeals his commitment to residential placement following a guilty plea to violating community control conditions. The court reversed and remanded because the trial court failed to properly offer counsel and conduct thorough inquiries into M.Q.'s waiver of couns
• Gonzales v. State
  766 So. 2d 452· Fla. 3d DCA· 2000-08-30 ·cited 9×
  The court held that the trial court erred in denying the motion to withdraw plea without an evidentiary hearing because the record did not conclusively refute the defendant's claim that his plea was involuntary due to misadvice regarding the mandatory nature of the prison release
• Butler v. State
  764 So. 2d 794· Fla. 2d DCA· 2000-07-21 ·cited 9×·via Involuntary Plea
  Robert L. Butler appealed the summary denial of his motion for postconviction relief challenging the validity of his plea as a habitual felony offender. The court reversed and remanded, holding that a defendant must be informed that habitualization may affect eligibility for earl
• Remeta v. State
  710 So. 2d 543· Fla.· 1998-03-29 ·cited 9×
  Daniel Eugene Remeta, a death row inmate scheduled for execution, appealed the trial court's denial of his Rule 3.850 motion seeking to vacate his death sentence for the 1985 murder of an Ocala convenience store clerk. The Florida Supreme Court affirmed the denial, rejecting Reme
• Octavio Sanchez v. State
  683 So. 2d 606· Fla. 3d DCA· 1996-11-20 ·cited 9×
  The court affirmed the denial of defendant's motion for relief from an illegal sentence, holding that the motion was properly characterized as a postconviction motion under Rule 3.850 rather than Rule 3.800, and was untimely and successive.
• Ricardo v. State
  647 So. 2d 287· Fla. 2d DCA· 1994-12-09 ·cited 9×·via Involuntary Plea
  A guilty plea is involuntary if induced by defense counsel's unkept promise, and a defendant may withdraw it if misled by mistaken advice.
• Yordan v. Dugger
  909 F.2d 474· 11th Cir.· 1990-08-21 ·cited 9×
  The court held that the appellant's claim of ineffective assistance of counsel, based on his attorney misrepresenting parole eligibility, warrants further review, and his involuntary plea claim was not procedurally barred.
• United States v. Bigman
  906 F.2d 392· 9th Cir.· 1990-06-18 ·cited 9×
  The court held that the district court's summary denial of the defendant's § 2255 motion was improper, requiring an evidentiary hearing on the voluntariness of his plea.
• United States v. Gutierrez
  839 F.2d 648· 10th Cir.· 1988-02-10 ·cited 9×·via Knowing And Voluntary Plea
  The court held that a district court must provide notice before converting a motion to dismiss under Rule 9(a) into a motion for summary judgment, and that an evidentiary hearing is required if the record does not conclusively show the prisoner is entitled to no relief.
• Geric Green v. McGOUGAN
  744 F.2d 1189· 5th Cir.· 1984-10-29 ·cited 9×
  The court held that a federal habeas petitioner's claims of an involuntary guilty plea and ineffective assistance of counsel lacked merit and were properly denied.
• Williams v. Smith
  591 F.2d 169· 2d Cir.· 1979-01-16 ·cited 9×
  A guilty plea entered without full knowledge of sentencing consequences is constitutionally valid if the defendant would have pleaded guilty even with accurate information.
• Harris v. Superintendent, VA. State Penitentiary
  518 F.2d 1173· 4th Cir.· 1975-07-07 ·cited 9×
  A guilty plea is not voluntary and intelligent if induced by a broken prosecutorial promise to recommend a specific sentence, even if the recommendation is not binding on the court.
• Winters v. Cook
  466 F.2d 1393· 5th Cir.· 1972-09-20 ·cited 9×
  A guilty plea does not waive the right to challenge jury composition if the defendant was unaware of that right.
• Stephen v. Smith
  438 F.2d 979· 5th Cir.· 1971-02-16 ·cited 9×·via Involuntary Plea
  The court held that the appellant knowingly and voluntarily entered valid guilty pleas with the aid of counsel, waiving non-jurisdictional defects.
• Lynott v. United States
  360 F.2d 586· 3d Cir.· 1966-05-13 ·cited 9×
  A motion to vacate a conviction under 28 U.S.C. § 2255 is not required if the motion and case records conclusively show the movant is not entitled to relief, especially when the factual allegations contradict the record made during the criminal proceeding.
• United States ex rel. Louis Herbert Martin v. FAY
  352 F.2d 418· 2d Cir.· 1965-11-08 ·cited 9×
  The court affirmed the lower court's decision, but the concurring judge expressed uncertainty about the reasoning regarding the voluntariness of a guilty plea.
• Downing v. The NEW Mexico State Supreme Court
  339 F.2d 435· 10th Cir.· 1964-12-16 ·cited 9×
  The court held that the trial court properly dismissed the petition without a hearing as it failed to establish any grounds for relief.
• Sanchez-Torres v. State
  322 So. 3d 15· Fla.· 2021-05-13 ·cited 8×·via Involuntary Plea
  Hector Sanchez-Torres, who was sentenced to death for armed robbery and first-degree murder, challenged the denial of his post-conviction motion to vacate his conviction and death sentence and petitioned for a writ of habeas corpus. The Florida Supreme Court affirmed the lower co