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

• Delk v. State
  510 So. 2d 1209· Fla. 2d DCA· 1987-08-12 ·cited 8×
  Delk appealed his guilty pleas and sentences in two cases, challenging the trial court's acceptance of his plea, the structure of his sentences, and the imposition of community service. The appellate court affirmed the convictions and sentences as within the plea agreement but re
• Hartman v. W.D. Blankenship
  825 F.2d 26· 4th Cir.· 1987-08-03 ·cited 8×
  The dissenting judge holds that the district court properly found the guilty plea involuntary due to the prosecution's broken promise regarding a sentencing recommendation.
• Dutton v. State
  504 So. 2d 435· Fla. 2d DCA· 1987-02-25 ·cited 8×
  A guilty plea induced by threats of harsher treatment upon insistence on the right to trial is not voluntary.
• Edmond Boris Shell v. State
  501 So. 2d 1332· Fla. 2d DCA· 1987-01-07 ·cited 8×·via Involuntary Plea
  A prisoner is considered in custody for purposes of a rule 3.850 motion if the conviction attacked was used to enhance a current sentence, even if the original sentence has been served.
• McNEIL v. Blackburn
  802 F.2d 830· 5th Cir.· 1986-10-20 ·cited 8×
  The court held that a timely but unsigned notice of appeal satisfies jurisdictional requirements and that the district court erred in summarily dismissing a habeas corpus petition without requiring a state response.
• Stacey v. Solem
  801 F.2d 1048· 8th Cir.· 1986-09-24 ·cited 8×·via Knowing And Voluntary Plea
  The court held that the totality of circumstances showed a voluntary and intelligent guilty plea, and that counsel's actions did not constitute ineffective assistance.
• Phillips v. A.I. Murphy and Michael Turpen
  796 F.2d 1303· 10th Cir.· 1986-07-16 ·cited 8×
  The court held that a federal evidentiary hearing was not required because the petitioner's claims were incredible and unsupported by specifics, and the state court's findings of historical fact were entitled to a presumption of correctness. The court also held that the failure t
• Travis v. A.L. Lockhart
  787 F.2d 409· 8th Cir.· 1986-03-27 ·cited 8×
  The court held that the appellant's guilty plea was voluntary and knowing, and he did not receive ineffective assistance of counsel, thus affirming the dismissal of his habeas corpus petition.
• Simmons v. State
  489 So. 2d 43· Fla. 4th DCA· 1986-02-12 ·cited 8×
  A defendant is prejudiced by a mandatory minimum sentence if it places them in a less advantageous position, even if they cannot definitively prove they would not have pleaded guilty had they known.
• Thomason v. State
  480 So. 2d 713· Fla. 2d DCA· 1986-01-03 ·cited 8×
  Robert Thomason appealed his conviction and sentencing following nolo contendere pleas to multiple felonies and misdemeanors. The appellate court affirmed his convictions but reversed his sentencing due to improper application of the sentencing guidelines scoresheet.
• United States v. Trott
  779 F.2d 912· 3d Cir.· 1985-12-23 ·cited 8×·via Knowing And Voluntary Plea
  The court held that a guilty plea is valid if entered knowingly and voluntarily with an adequate factual basis, and withdrawal is within the trial court's discretion absent a compelling reason.
• United States ex rel. William J. Miller v. Kenneth McGINNIS & Attorney Gen. of the State of Ill.
  774 F.2d 819· 7th Cir.· 1985-10-04 ·cited 8×·via Voluntary And Intelligent Guilty Plea
  The court held that the trial court's failure to inform the defendant of the mandatory supervised release term violated his due process rights, but also found that the totality of errors, including failure to inform of other rights and the defendant's age and confusion, rendered
• Runyon v. State
  460 So. 2d 494· Fla. 1st DCA· 1984-12-10 ·cited 8×·via Voluntary And Intelligent Guilty Plea
  The court held that the trial court properly denied the appellant's motion for post-conviction relief because the record refuted his claims of a coerced plea and ineffective assistance of counsel.
• Morgan v. Israel
  735 F.2d 1033· 7th Cir.· 1984-05-31 ·cited 8×·via Knowing And Voluntary Plea
  The court held that the defendant knowingly waived his right to a trial on the issue of intent by pleading not guilty by reason of insanity, and thus his petition for habeas corpus was properly denied.
• Dufresne v. Moran
  729 F.2d 18· 1st Cir.· 1984-03-01 ·cited 8×
  A guilty plea is not invalidated by counsel's incompetence unless the incompetence actually and materially influenced the defendant's decision to plead guilty.
• Clemmons v. United States
  721 F.2d 235· 8th Cir.· 1983-11-16 ·cited 8×
  A defendant's subjective belief or hope for better prison conditions, even if based on incorrect advice, does not render a guilty plea involuntary if not based on a promise. The court's misstatement of its power to order concurrent sentences does not warrant relief if it was not
• Nelson v. Callahan
  721 F.2d 397· 1st Cir.· 1983-11-14 ·cited 8×
  The court held that the petitioner's guilty plea to second-degree murder was voluntary and intelligent, but his plea to sodomy was not, affirming the district court's partial grant of habeas corpus relief.
• Stinson v. Louie L. Wainwright
  710 F.2d 743· 11th Cir.· 1983-07-28 ·cited 8×
  A federal court is not required to hold an evidentiary hearing on a habeas petition challenging a guilty plea if the state court record, including attorney representations and plea colloquy, fairly supports the determination that the plea was voluntary and the defendant was compe
• Morse v. State OF Tex.
  691 F.2d 770· 5th Cir.· 1982-11-15 ·cited 8×
  A voluntary guilty plea, intelligently made in light of the then-applicable law, does not become vulnerable because later judicial decisions indicate that the plea rested on a faulty premise, such as the potential use of an uncounseled conviction for enhancement.
• Siegel v. State OF NEW York & Edward J. Kuriansky
  691 F.2d 620· 2d Cir.· 1982-10-22 ·cited 8×
• Garrett v. Maggio
  685 F.2d 158· 5th Cir.· 1982-09-10 ·cited 8×·via Involuntary Plea
  The court held that a change in state law regarding sentence commutation did not render a guilty plea involuntary, and a claim of coerced plea was barred by an unreasonable delay in filing.
• Sinclair v. State OF La.
  679 F.2d 513· 5th Cir.· 1982-07-02 ·cited 8×
  The court held that a federal habeas petition can be dismissed as successive and an abuse of the writ if it raises the same claims previously decided on the merits and fails to allege new grounds for relief.
• Tippett v. Wyrick
  680 F.2d 52· 8th Cir.· 1982-06-14 ·cited 8×
  The court affirmed the dismissal of the habeas petition, finding the appellant failed to meet the 'cause and actual prejudice' standard for collateral attack and that the district court's finding of prejudice under Rule 9(a) was not clearly erroneous.
• United States v. Hudson
  667 F.2d 767· 8th Cir.· 1982-01-12 ·cited 8×·via Knowing And Voluntary Plea
  The court held that while the Bureau of Prisons had not implemented the Youth Corrections Act as intended, habeas relief was not the proper remedy, and affirmed the district court's denial of relief.
• Pennington v. Housewright
  666 F.2d 329· 8th Cir.· 1981-12-16 ·cited 8×
• VIA v. Superintendent, Powhatan Corr. Ctr.
  643 F.2d 167· 4th Cir.· 1981-02-26 ·cited 8×
  A guilty plea is involuntary and unintelligent if counsel's ineffective assistance, stemming from lack of preparation, induced the plea.
• United States ex rel. Joseph Cyburt v. Rowe
  638 F.2d 1100· 7th Cir.· 1981-01-19 ·cited 8×
  The court held that the trial court's failure to hold a full competency hearing was not constitutional error, and the guilty plea was voluntary and knowingly entered, and counsel was effective.
• Rice v. State
  400 So. 2d 461· Fla. 5th DCA· 1980-12-17 ·cited 8×·via Involuntary Plea
  The court held that the trial court erred in summarily denying the motion without an evidentiary hearing or attaching relevant record portions.
• United States v. Unger
  635 F.2d 688· 8th Cir.· 1980-12-12 ·cited 8×
  The court held that a defendant's motion to vacate a sentence based on claims of an involuntary guilty plea and a breached plea bargain was properly denied because the issues had been previously litigated and the record conclusively showed no entitlement to relief.
• Lonberger v. Jago
  635 F.2d 1189· 6th Cir.· 1980-12-01 ·cited 8×
  The court held that the state failed to demonstrate that the petitioner's prior guilty plea was knowingly and voluntarily made, rendering the conviction constitutionally invalid for sentencing enhancement purposes. However, the court found that the single-stage trial procedure, a
• Graff v. State
  389 So. 2d 333· Fla. 5th DCA· 1980-10-22 ·cited 8×
• Fick v. State
  388 So. 2d 1352· Fla. 5th DCA· 1980-10-15 ·cited 8×
  The court affirmed the conviction and sentence, holding that a trial court lacks jurisdiction to consider a motion to withdraw a guilty plea after an appeal has been commenced.
• Johnson v. Petrovsky
  626 F.2d 72· 8th Cir.· 1980-07-28 ·cited 8×
  A prisoner cannot seek habeas corpus relief under § 2241 on grounds already denied under § 2255, absent a showing that § 2255 is inadequate or ineffective.
• Brown v. State OF Md.
  618 F.2d 1057· 4th Cir.· 1980-04-09 ·cited 8×
  A voluntary and intelligent guilty plea, entered into after a plea bargain, waives the right to challenge convictions on double jeopardy grounds.
• Lambert v. United States
  600 F.2d 476· 5th Cir.· 1979-08-06 ·cited 8×
  A technical violation of Rule 11 is insufficient for § 2255 relief unless it results in a complete miscarriage of justice or unfair procedure.
• United States v. Conrad
  598 F.2d 506· 9th Cir.· 1979-06-06 ·cited 8×
  A district court's failure to inform a defendant of the possibility of prosecution for perjury under Rule 11(c)(5) does not entitle the defendant to withdraw a guilty plea if the plea was otherwise voluntary and the defendant suffered no prejudice.
• Fitch v. Estelle
  587 F.2d 773· 5th Cir.· 1979-01-12 ·cited 8×
  The court held that the district court erred in denying an evidentiary hearing on the petitioner's claims of incompetency to stand trial and involuntary guilty plea, and that the ineffective assistance of counsel claim should also be heard.
• Coody v. United States
  570 F.2d 540· 5th Cir.· 1978-03-30 ·cited 8×
  The court held that the district court failed to comply with Rule 11 of the Federal Rules of Criminal Procedure when accepting the defendant's guilty plea.
• United States v. Brice
  565 F.2d 336· 5th Cir.· 1977-12-27 ·cited 8×
  A voluntary guilty plea waives non-jurisdictional defects, and a defendant must be afforded sufficient time to review a presentence report to identify inaccuracies, but failure to demonstrate prejudice or request more time may preclude remand.
• United States v. Hill
  564 F.2d 1179· 5th Cir.· 1977-12-21 ·cited 8×
  A guilty plea conditioned on an agreement allowing appeal on non-jurisdictional grounds is involuntary and must be vacated.
• Tolliver v. The United States
  563 F.2d 1117· 4th Cir.· 1977-10-11 ·cited 8×
  The court held that the defendant was denied effective assistance of counsel in tendering his guilty plea and in seeking to withdraw it, due to counsel's ignorance of the impact of Leary v. United States on his prior convictions.
• Rocco J. Surace v. State
  351 So. 2d 702· Fla.· 1977-06-23 ·cited 8×
  The court held that the defendant's guilty pleas were contaminated by an honest misunderstanding and prejudice, warranting withdrawal.
• Clements v. State
  346 So. 2d 1233· Fla. 3d DCA· 1977-06-14 ·cited 8×
  The court held that the defendant is entitled to an evidentiary hearing on his motion to vacate.
• United States v. Nooner
  565 F.2d 633· 10th Cir.· 1977-06-13 ·cited 8×
  A voluntary guilty plea waives the right to appeal non-jurisdictional issues, including the denial of a motion to suppress evidence.
• Thomas v. Estelle
  550 F.2d 1014· 5th Cir.· 1977-04-14 ·cited 8×
  The court held that the district court correctly denied the appellant's application for a writ of habeas corpus without an evidentiary hearing.
• Barnett v. Hopper
  548 F.2d 550· 5th Cir.· 1977-03-10 ·cited 8×
  A criminal sentence conditioned on immediate payment of a fine, which the defendant later cannot pay due to circumstances arising after the plea, is unconstitutional if it results in imprisonment.
• ST. Pierre v. Helgemoe
  545 F.2d 1306· 1st Cir.· 1976-12-16 ·cited 8×
  The court held that the petitioner's claim, even if based on a retroactive change in law, must first be presented to state courts for exhaustion of remedies.
• Bellew v. Gunn
  532 F.2d 1288· 9th Cir.· 1976-03-24 ·cited 8×
  The court held that the petitioner failed to meet his burden of proof to show his guilty plea was not voluntary or knowingly made, despite a thirty-year delay in challenging it.
• Weisser v. Ciccone
  532 F.2d 101· 8th Cir.· 1976-03-09 ·cited 8×
• Banda v. Estelle
  519 F.2d 1057· 5th Cir.· 1975-09-19 ·cited 8×·via Involuntary Plea
  The federal district court did not err in denying the habeas petition without an independent evidentiary hearing, as the state habeas hearing was full and fair.