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

• Colon v. State
  199 So. 3d 960· Fla. 4th DCA· 2016-06-01 ·cited 8×·via Involuntary Plea
  Hector Colon challenged his guilty plea as involuntary, claiming he did not understand that the Department of Corrections would calculate his release date based on his least-credited charge rather than his most serious charges, thereby increasing his actual incarceration by nearl
• Jacobson v. State
  171 So. 3d 188· Fla. 4th DCA· 2015-07-29 ·cited 8×
  Jacobson, who pleaded guilty to murdering his wife and children, challenged the trial court's summary denial of his postconviction motion claiming ineffective assistance of counsel. The Fourth DCA reversed the summary denial of three specific grounds related to counsel's failure
• Sanchez-Torres v. State
  130 So. 3d 661· Fla.· 2013-07-03 ·cited 8×·via Knowing And Voluntary Plea
  Hector Sanchez-Torres appeals his convictions for first-degree murder and armed robbery and his death sentence for killing 19-year-old Erick Joel Colon during a robbery. The Florida Supreme Court affirmed, rejecting claims that his guilty plea was involuntary, that polygraph evid
• Crane v. State
  69 So. 3d 357· Fla. 2d DCA· 2011-09-09 ·cited 8×·via Involuntary Plea
  Michael Allen Crane appealed the trial court's summary denial of his motion to withdraw no contest pleas. The appellate court reversed, holding that the trial court committed reversible error by denying the motion without holding an evidentiary hearing to develop facts surroundin
• Agent v. State
  19 So. 3d 1114· Fla. 2d DCA· 2009-10-09 ·cited 8×
  George Agent challenged the summary denial of his postconviction motion alleging that his defense counsel promised him a youthful offender sentence in exchange for his no contest plea to carjacking. The appellate court reversed and remanded, finding the trial court's summary deni
• Kirkland Washington v. State
  10 So. 3d 1126· Fla. 1st DCA· 2009-04-24 ·cited 8×
  Kirkland Washington appealed the summary denial of his Rule 3.850 postconviction motion claiming ineffective assistance of counsel. The court held that Washington's claim that trial counsel failed to inform him the victim was unavailable to testify was legally sufficient and requ
• Chandler v. State
  1 So. 3d 284· Fla. 2d DCA· 2009-01-14 ·cited 8×·via Involuntary Plea
  Charles Chandler appeals the denial of his postconviction motion alleging ineffective assistance of counsel based on affirmative misadvice regarding conditional release obligations. The court reverses and remands for an evidentiary hearing, holding that while Chandler's motion wa
• Luger v. State
  983 So. 2d 49· Fla. 4th DCA· 2008-05-07 ·cited 8×·via Involuntary Plea
  The court held that the trial court must make a factual determination regarding the statewide prosecutor's jurisdiction when challenged, and that a motion to withdraw a guilty plea requires appointment of conflict-free counsel.
• State v. Gaston
  911 So. 2d 257· Fla. 3d DCA· 2005-09-28 ·cited 8×·via Involuntary Plea
  The State appeals from an order allowing Gaston to withdraw a guilty plea entered over ten years earlier based on his claim that he was not advised of potential deportation consequences. The court reverses, holding that mere advice from an immigration attorney about potential dep
• COX v. State of Florida/Appellee
  805 So. 2d 1042· Fla. 4th DCA· 2002-01-09 ·cited 8×·via Voluntary And Intelligent Guilty Plea
  Tyrone Rafael Cox appeals the summary denial of his rule 3.850 motion for postconviction relief challenging the voluntariness of his plea. The Fourth District Court of Appeal reverses, holding that the motion is timely because defendants have two years from the Heggs decision to
• Harris v. State
  801 So. 2d 973· Fla. 2d DCA· 2001-12-05 ·cited 8×·via Involuntary Plea
  Maurice Harris appealed the trial court's denial of his Florida Rule of Criminal Procedure 3.850 motion seeking to withdraw his guilty pleas. The appellate court affirmed the denial, finding that Harris's claims were facially insufficient because he failed to allege that he would
• Lewis v. State
  795 So. 2d 1061· Fla. 4th DCA· 2001-09-19 ·cited 8×
  Matthew Lewis appeals the summary denial of his Rule 3.850 motion for post-conviction relief, claiming his trial counsel misled him about gain time eligibility following his guilty plea to armed burglary. The court reversed and remanded for an evidentiary hearing, finding that th
• State v. Gonzalez
  787 So. 2d 917· Fla. 3d DCA· 2001-05-16 ·cited 8×
  Florida appealed the trial court's decision to set aside Leonardo Gonzalez's guilty plea based on the trial court's failure to specifically advise him of deportation consequences. The appellate court reversed, holding that while the trial court violated procedural rules requiring
• Colon v. State
  752 So. 2d 1250· Fla. 4th DCA· 2000-03-08 ·cited 8×·via Involuntary Plea
• Melton v. State
  720 So. 2d 577· Fla. 1st DCA· 1998-10-07 ·cited 8×·via Involuntary Plea
  The court affirmed the denial of appellant's Rule 3.850 postconviction motion challenging the voluntariness of her guilty plea, but permitted refiling with proper sworn allegations.
• Bryant v. State
  712 So. 2d 781· Fla. 2d DCA· 1998-06-12 ·cited 8×·via Involuntary Plea
  James Bryant appealed his no-contest pleas to cocaine sale charges, challenging the constitutionality of the "public park" language in the drug trafficking statute, the trial court's handling of his request to discharge counsel, and the court's failure to ensure he understood hab
• Hoffman v. State
  700 So. 2d 765· Fla. 3d DCA· 1997-10-15 ·cited 8×
  Eric Hoffman appealed his conviction and sentence after pleading guilty to two counts. The appellate court affirmed the denial of his motion to withdraw his plea but reversed and remanded for resentencing because the trial court imposed an upward departure sentence without provid
• Robinson v. State
  654 So. 2d 1302· Fla. 5th DCA· 1995-06-02 ·cited 8×
  The court held that a motion to correct an illegal sentence based on scoresheet errors is improper for habitual offender sentences, and the current motion is also successive.
• Steele v. State
  645 So. 2d 59· Fla. 4th DCA· 1994-11-02 ·cited 8×·via Involuntary Plea
  The court held that a defendant's acknowledgment at a plea hearing that no promises were made, other than those stated, is sufficient to support a summary denial of a post-conviction claim alleging counsel misrepresentation about gain time eligibility.
• Jones v. State
  643 So. 2d 1150· Fla. 3d DCA· 1994-10-05 ·cited 8×·via Involuntary Plea
  Bernard Lee Jones appealed the trial court's summary denial of a rule 3.850 post-conviction relief motion challenging his nolo contendere plea to burglary with assault and grand theft. The appellate court affirmed the denial, finding that the sentencing transcript clearly refuted
• LEE v. State
  642 So. 2d 1190· Fla. 1st DCA· 1994-09-29 ·cited 8×·via Knowing And Voluntary Plea
  Andrew Lamar Lee appeals habitual felony offender sentences imposed after his guilty plea to sexual battery with a deadly weapon and burglary. The court affirmed that the trial court's failure to advise Lee of collateral consequences did not require reversal, but reversed the hab
• Brown v. State
  647 So. 2d 197· Fla. 1st DCA· 1994-07-19 ·cited 8×
  Jeffrey Brown appealed the summary denial of his rule 3.850 postconviction motion challenging his DUI manslaughter sentence as violating his plea agreement. The court affirmed denial of his first claim that the split sentence was an improper departure, but reversed and remanded o
• Jones v. State
  639 So. 2d 147· Fla. 5th DCA· 1994-07-01 ·cited 8×·via Knowing And Voluntary Plea
  Robert Jones appeals his habitual offender sentence imposed after a guilty plea to cocaine possession, arguing the state failed to provide written notice of intent to seek habitual offender treatment before the plea was entered. The court agrees and reverses, holding that pre-ple
• Gaines v. State
  630 So. 2d 198· Fla. 5th DCA· 1993-04-09 ·cited 8×
  A defendant is entitled to an evidentiary hearing on ineffective assistance of counsel if they allege counsel failed to inform them about the loss of gain time resulting from a guilty plea, and that they would not have pleaded guilty had they known.
• Black v. State
  610 So. 2d 89· Fla. 1st DCA· 1992-12-15 ·cited 8×·via Involuntary Plea
  Florida appellate court affirmed summary denial of postconviction relief motion challenging guilty plea and ineffective assistance of counsel because the motion was unsworn, despite trial court's procedural error in failing to attach the plea form to its order.
• United States v. Agrell
  965 F.2d 222· 7th Cir.· 1992-05-27 ·cited 8×·via Knowing And Voluntary Plea
  The court held that the district court did not err in denying the defendant's motion for mistrial, applying the Sentencing Guidelines, denying a reduction for acceptance of responsibility, or including a 1970 conviction in the criminal history category.
• Deric L. McAROY v. State
  597 So. 2d 984· Fla. 1st DCA· 1992-05-27 ·cited 8×
  McAroy appealed his denial of postconviction relief, challenging the voluntariness of his no-contest plea to burglary, petit theft, and probation violation. The court reversed, finding that the trial court failed to conduct the required colloquy under Rule 3.172 and that the reco
• Goodwin v. State
  598 So. 2d 295· Fla. 1st DCA· 1992-05-15 ·cited 8×
  The court held that the trial court erred in accepting a plea without adequately determining its voluntariness, understanding, and factual basis.
• United States v. Tilley
  964 F.2d 66· 1st Cir.· 1992-05-15 ·cited 8×·via Voluntary And Intelligent Guilty Plea
  The court held that the district court did not err in denying the motion to withdraw the guilty plea, nor did it abuse its discretion in departing upward from the sentencing guidelines.
• Stewart v. Peters
  958 F.2d 1379· 7th Cir.· 1992-02-27 ·cited 8×
  A guilty plea is voluntary and intelligent if the defendant understands the rights they are waiving and the consequences of the plea, even if the record lacks explicit admissions or detailed explanations of statutory elements.
• Prezell Wilson v. State
  593 So. 2d 1216· Fla. 2d DCA· 1992-02-21 ·cited 8×·via Involuntary Plea
• United States v. Parra-Ibanez
  936 F.2d 588· 1st Cir.· 1991-06-19 ·cited 8×
  The court held that the district court's Rule 11 colloquy was insufficient for failing to inquire further into the effects of the defendant's medications on his ability to enter a knowing and voluntary plea.
• United States v. Donnie M. Young
  927 F.2d 1060· 8th Cir.· 1991-03-12 ·cited 8×
  The dissenting judge would reverse the conviction because the district court's failure to comply with Rule 11(c)(1) regarding informing the defendant of the nature of the charges and the sentencing range was not harmless error.
• Tamayo-Reyes v. J.C. Keeney
  926 F.2d 1492· 9th Cir.· 1991-03-04 ·cited 8×·via Voluntary And Intelligent Guilty Plea
  The court held that the district court erred in denying an evidentiary hearing on the claim that the defendant's nolo contendere plea was unconstitutional due to inadequate translation of the mens rea element of manslaughter, as the material facts were not adequately developed in
• United States v. Badger
  925 F.2d 101· 5th Cir.· 1991-02-14 ·cited 8×·via Knowing And Voluntary Plea
  The court held that the district court did not err in denying the defendant's motion to withdraw his guilty pleas or in finding he was not a minimal or minor participant, but erred in imposing a mandatory three-year supervised release term based on misinformation.
• United States v. Williams
  919 F.2d 1451· 10th Cir.· 1990-11-26 ·cited 8×
  A guilty plea is voluntary if the defendant understands the court is not bound by sentencing recommendations, even if attorneys provide an estimated range. Sentencing guideline calculations are reviewed for error, but harmless errors do not warrant reversal.
• Frank v. United States
  914 F.2d 828· 7th Cir.· 1990-09-24 ·cited 8×
  The dissent argues that the mail fraud conviction should be invalidated because the scheme deprived the government of intangible rights, not money or property, as required by McNally.
• Walker v. State
  565 So. 2d 873· Fla. 4th DCA· 1990-08-15 ·cited 8×
  Walker pled guilty to burglary and grand theft charges under an agreed 30-month sentence cap. After learning Walker used an alias with a prior record affecting his sentencing guidelines, the trial court withdrew acceptance of the plea and offered new terms. Walker then negotiated
• United States v. Alvarez-Quiroga
  901 F.2d 1433· 7th Cir.· 1990-05-10 ·cited 8×
  The court held that a district judge is not required by Rule 11 to inform a defendant of the Sentencing Guidelines range before accepting a guilty plea, and that the defendant failed to show a fair and just reason to withdraw his plea.
• Moore v. Jarvis
  885 F.2d 1565· 11th Cir.· 1989-10-18 ·cited 8×·via Knowing And Voluntary Plea
  The court held that the petitioner's claims regarding uncounseled misdemeanor convictions and sentencing enhancements were not sufficiently alleged to warrant an evidentiary hearing.
• United States v. Washington
  886 F.2d 154· 8th Cir.· 1989-09-19 ·cited 8×
  The court held that the defendant failed to establish a prima facie case of jury discrimination and that his prior conviction was validly entered, thus affirming his conviction and sentence.
• Long v. United States
  883 F.2d 966· 11th Cir.· 1989-09-15 ·cited 8×·via Involuntary Plea
  The court held that a defendant is not entitled to relief under 28 U.S.C. § 2255 for a Fed.R.Crim.P. 11 violation if the misstatement was unintentional and the defendant cannot show prejudice.
• Roulette Blair v. McCARTHY
  881 F.2d 602· 9th Cir.· 1989-03-27 ·cited 8×
  A habeas petitioner can obtain relief for a state trial court's violation of state law in accepting a guilty plea if the petitioner shows a reasonable probability that, but for the error, they would not have pleaded guilty.
• United States v. Rossillo
  853 F.2d 1062· 2d Cir.· 1988-08-11 ·cited 8×
  The court held that the defendant's motion to withdraw his guilty plea was properly denied because the plea was entered voluntarily and knowingly, despite claims of a heart condition affecting his understanding.
• Jones v. A.L. Lockhart
  851 F.2d 1115· 8th Cir.· 1988-07-15 ·cited 8×
  The court affirmed the district court's denial of the habeas petition regarding issues raised below, but dismissed without prejudice the issues raised for the first time on appeal.
• Oppel v. Meachum
  851 F.2d 34· 2d Cir.· 1988-06-22 ·cited 8×
  A federal habeas court should presume that a defendant was informed by his attorney of the elements of the crime charged when the defendant indicates this during the plea proceeding and offers no contrary evidence.
• Miller v. Colin C.J. Angliker, M.D.
  848 F.2d 1312· 2d Cir.· 1988-05-20 ·cited 8×·via Voluntary And Intelligent Guilty Plea
  The court held that the State's suppression of material exculpatory evidence concerning Robert Lupinacci violated Miller's due process rights under Brady v. Maryland, requiring that the writ of habeas corpus be granted.
• Weidmann v. State
  523 So. 2d 737· Fla. 2d DCA· 1988-04-13 ·cited 8×
  A defendant is entitled to withdraw a plea if misled by counsel about the consequences of that plea, such as parole eligibility.
• United States v. Billington
  844 F.2d 445· 7th Cir.· 1988-04-11 ·cited 8×
  The court held that a defendant cannot compel specific performance of a plea agreement provision that requires the government to withhold relevant sentencing information from the court, as such a provision is illegal and against public policy. The defendant's voluntary ratificati
• Holloway v. Lynaugh
  838 F.2d 792· 5th Cir.· 1988-03-03 ·cited 8×
  The court held that the defendant's plea of 'true' to prior convictions for sentence enhancement was voluntary and intelligent under the totality of the circumstances.