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

• Phillips v. United States
  519 F.2d 483· 6th Cir.· 1975-07-24 ·cited 8×
  A guilty plea taken without the judge personally addressing the defendant regarding constitutional rights and the consequences of the plea does not comply with Rule 11 of the Federal Rules of Criminal Procedure.
• Guthrie v. United States
  517 F.2d 416· 9th Cir.· 1975-05-13 ·cited 8×
  The court held that the district judge failed to adequately establish the factual basis for the plea and ensure the defendant understood the charges against him, as required by Rule 11.
• D'Allesandro v. United States
  517 F.2d 429· 2d Cir.· 1975-05-01 ·cited 8×
  A district judge cannot set aside a valid guilty plea and resentence a defendant outside the time limits of Rule 35, even if the judge later perceives confusion or wishes to alter the sentence.
• Hall v. State
  309 So. 2d 226· Fla. 2d DCA· 1975-03-14 ·cited 8×
  Carl J. Hall appeals his guilty plea conviction for uttering forged instruments, challenging whether the trial court ascertained a factual basis for his plea as required by Florida Criminal Procedure Rule 3.170(j). The appellate court affirmed, holding that the trial court proper
• Parker v. State
  303 So. 2d 56· Fla. 4th DCA· 1974-11-08 ·cited 8×
• Gonzalez v. State
  300 So. 2d 691· Fla. 2d DCA· 1974-09-27 ·cited 8×
  Appellant Gonzalez appealed the denial of his motion to vacate a guilty plea to second-degree murder. He argued the plea was involuntary because he was not informed that second-degree murder carries a mandatory minimum twenty-year sentence, while his co-defendants received only f
• Alonzo v. Estelle
  500 F.2d 672· 5th Cir.· 1974-09-16 ·cited 8×·via Involuntary Plea
  The court held that the Texas state courts should be afforded the opportunity to review the appellant's constitutional claims before federal habeas relief is granted.
• Onesimo Limon-Gonzalez v. United States
  499 F.2d 936· 5th Cir.· 1974-08-28 ·cited 8×
  The court held that the district court did not err in denying the motion under 28 U.S.C. § 2255, as the guilty plea was validly accepted and no evidentiary hearing was required.
• Parker v. Ross
  470 F.2d 1092· 4th Cir.· 1972-12-20 ·cited 8×·via Voluntary And Intelligent Guilty Plea
  A voluntary and intelligent guilty plea, entered with the advice of counsel, waives the right to challenge the composition of the grand jury that indicted the defendant.
• Redus v. Swenson
  468 F.2d 606· 8th Cir.· 1972-10-04 ·cited 8×
  A guilty plea is valid if entered understandingly and voluntarily with competent counsel, even if influenced by a prior coerced confession.
• United States v. Ready
  460 F.2d 1238· 4th Cir.· 1972-05-15 ·cited 8×
  A defendant's guilty plea is valid even if the court does not explicitly inform them of the right to confront accusers, as this right is implicitly waived by pleading guilty.
• Harlan Allen Tibbs v. United States
  459 F.2d 292· 9th Cir.· 1972-05-02 ·cited 8×
  The court held that the government met its burden to prove the appellant's guilty plea was voluntary and made with understanding, despite the trial court's initial non-compliance with Rule 11 requirements.
• Mathis v. Hocker
  459 F.2d 988· 9th Cir.· 1972-04-26 ·cited 8×
  The court held that a sentencing judge is not required to advise a defendant of parole eligibility when the defendant concealed prior convictions.
• Henderson v. Tollett
  459 F.2d 237· 6th Cir.· 1972-04-20 ·cited 8×
  A guilty plea does not waive the right to challenge a grand jury indictment based on systematic racial exclusion if neither the defendant nor counsel knew of this right at the time of the plea.
• United States v. Obie Diah Strother
  458 F.2d 424· 5th Cir.· 1972-04-14 ·cited 8×
• United States ex rel. John Martinez v. Mancusi
  455 F.2d 705· 2d Cir.· 1972-01-26 ·cited 8×
  The court held that the defendant's guilty plea was involuntary due to coercion, misunderstanding, and confusion, violating his due process rights.
• United States v. Valdez
  450 F.2d 1145· 5th Cir.· 1971-11-12 ·cited 8×
  The trial judge did not abuse his discretion in denying the defendant's motion to withdraw his guilty plea prior to sentencing.
• United States v. Bronson
  449 F.2d 302· 10th Cir.· 1971-10-14 ·cited 8×
  The court held that the defendant's guilty plea was valid despite a minor misstatement by the judge regarding the possibility of expunging the conviction under the Youth Corrections Act.
• Dixon v. State
  252 So. 2d 594· Fla. 3d DCA· 1971-09-28 ·cited 8×·via Involuntary Plea
  Dixon appeals the trial court's summary denial of his Rule 1.850 motion to vacate his guilty plea to first-degree murder, claiming he was under the influence of drugs when he pleaded guilty. The appellate court affirmed the denial, finding no factual basis in the record to suppor
• Langdeau v. State OF S.D. & Its Agents
  446 F.2d 507· 8th Cir.· 1971-06-30 ·cited 8×
  The court held that the petitioner's guilty plea was intelligently and voluntarily entered, despite alleged coercive jail conditions, and that the issue of preconviction bail was rendered moot by the conviction.
• Oaks v. Louie L. Wainwright
  445 F.2d 1062· 5th Cir.· 1971-06-25 ·cited 8×
  A guilty plea is valid even if equivocal, provided it is knowingly and voluntarily entered and supported by independent corroborating evidence of guilt.
• Gotcher v. Beto
  444 F.2d 696· 5th Cir.· 1971-06-21 ·cited 8×·via Knowing And Voluntary Plea
  The court held that a federal court may deny a habeas corpus petition without an evidentiary hearing if the state court's prior hearing met the standards set forth in Townsend v. Sain, and that the petitioner's guilty pleas were not rendered involuntary by the circumstances prese
• Gill v. Turner
  443 F.2d 1064· 10th Cir.· 1971-06-07 ·cited 8×
  The court held that while the finding of an involuntary guilty plea was supported by the evidence, the trial court erred in ordering immediate discharge without allowing the state an opportunity to retry the petitioner.
• Johnson v. State
  248 So. 2d 225· Fla. 2d DCA· 1971-05-19 ·cited 8×·via Knowing And Voluntary Plea
  The court held that a defendant's guilty plea, entered knowingly and voluntarily with counsel's advice and understanding of consequences, is valid and cannot be vacated.
• Arbuckle v. Turner
  440 F.2d 586· 10th Cir.· 1971-04-08 ·cited 8×·via Voluntary And Intelligent Guilty Plea
  The court held that the appellant's guilty plea was valid, as it was entered voluntarily and intelligently, and the trial court's findings were supported by the record.
• United States v. Sapp
  439 F.2d 817· 5th Cir.· 1971-03-08 ·cited 8×
  The court held that a clerical error in the judgment entry does not require reversal, and affirmed the conviction while remanding for correction.
• Robert R. D. v. Cooley
  245 So. 2d 679· Fla. 4th DCA· 1971-03-08 ·cited 8×
  The defendant is entitled to an evidentiary hearing regarding the voluntariness of his guilty plea.
• Williams v. State
  245 So. 2d 267· Fla. 1st DCA· 1971-02-04 ·cited 8×
  In this collateral attack on a guilty plea conviction, the Florida appellate court reversed and remanded because the trial court failed to make an explicit record of determining whether the defendant's guilty plea was voluntary and made with understanding of the charge, as requir
• Jackson v. COX
  435 F.2d 1089· 4th Cir.· 1970-12-30 ·cited 8×
  A guilty plea is voluntary and intelligent if counsel's advice was within the range of competence demanded of attorneys in criminal cases, even if the defendant pleaded guilty due to a prior coerced confession.
• Miller v. State
  242 So. 2d 502· Fla. 2d DCA· 1970-12-30 ·cited 8×·via Knowing And Voluntary Plea
• White v. Gaffney
  435 F.2d 1241· 10th Cir.· 1970-12-28 ·cited 8×
  A guilty plea induced by a prosecutor's broken promise regarding a sentence recommendation is involuntary and void, even if the recommendation's effectiveness is uncertain.
• Frank v. Esposito
  436 F.2d 603· 9th Cir.· 1970-12-23 ·cited 8×
  The court affirmed the convictions, finding that the trial court properly handled the guilty pleas and that the entrapment instruction issue was not preserved for appeal.
• Dennis v. Henderson
  435 F.2d 1288· 5th Cir.· 1970-12-18 ·cited 8×
  The court held that the district court's denial of the petition for habeas corpus was not erroneous, affirming the lower court's decision.
• Austin v. Perini
  434 F.2d 752· 6th Cir.· 1970-11-27 ·cited 8×
  A voluntary guilty plea, entered with competent counsel, waives all non-jurisdictional defects, including claims of prior constitutional violations or coerced confessions.
• United States v. Dudley E. G. Antoine
  434 F.2d 930· 2d Cir.· 1970-11-19 ·cited 8×
  The court held that while the plea was entered voluntarily and knowingly, the record did not establish a factual basis for the plea as required by Rule 11.
• United States v. RAY
  431 F.2d 1177· 9th Cir.· 1970-09-28 ·cited 8×
  The court held that the District Court did not abuse its discretion in refusing to accept the appellant's guilty plea to a lesser included offense.
• Seybold v. Cady
  431 F.2d 683· 7th Cir.· 1970-08-20 ·cited 8×
  The court held that the district court properly denied the habeas corpus petitions for failure to exhaust state remedies, as the petitioner had not presented all his claims to the Wisconsin courts.
• Cascio v. United States
  429 F.2d 581· 9th Cir.· 1970-06-22 ·cited 8×·via Involuntary Plea
  The court held that the petitioner's claims of ineffective assistance of counsel and involuntary guilty plea were insufficient to warrant vacating his sentence.
• United States ex rel. Victor Amuso v. LaVALLEE
  427 F.2d 328· 2d Cir.· 1970-06-01 ·cited 8×
  The court held that the petitioner's guilty plea was not unconstitutionally obtained, as it was not conditioned on a waiver of his right to appeal.
• Laws v. State
  235 So. 2d 754· Fla. 4th DCA· 1970-05-22 ·cited 8×
  Albert Laws appeals his conviction for manslaughter after pleading guilty to a lesser included offense during trial. The Fourth District Court of Appeal reversed and remanded because the trial court failed to establish on the record that Laws's guilty plea was made voluntarily an
• Lucero v. United States
  425 F.2d 172· 10th Cir.· 1970-04-27 ·cited 8×
  The court held that a voluntary guilty plea waives the privilege against self-incrimination and that the statute under which the defendant was convicted is constitutional. The court also affirmed the denial of the motion to vacate.
• Bongiorno v. United States
  424 F.2d 373· 8th Cir.· 1970-04-23 ·cited 8×
  The court held that the defendant's guilty plea was voluntarily and intelligently made, and the trial court did not err in denying his motion to vacate the sentence without an evidentiary hearing.
• Jarrett v. United States
  423 F.2d 966· 8th Cir.· 1970-03-16 ·cited 8×
  The court held that the district court did not err in ruling that the petitioner's confession was voluntary and that his guilty plea was entered knowingly and intelligently, thus denying his motion for post-conviction relief.
• Hooper v. State
  232 So. 2d 257· Fla. 2d DCA· 1970-02-27 ·cited 8×
  Ronald David Hooper appeals denial of his post-conviction relief motion challenging the voluntariness of his guilty plea to manslaughter. The appellate court affirmed the denial, finding the trial court's extensive colloquy with the defendant on the record clearly established his
• Diamond v. United States
  422 F.2d 1313· 9th Cir.· 1970-02-18 ·cited 8×
  The court held that the district court properly denied the petitioner's motion for relief under 28 U.S.C. § 2255, as the record demonstrated a voluntary and intelligent guilty plea.
• Parrott v. Brewer
  421 F.2d 1386· 8th Cir.· 1970-02-17 ·cited 8×·via Involuntary Plea
  The court affirmed the district court's denial of habeas corpus, finding that the state courts provided a full and fair evidentiary hearing on the petitioner's claims.
• Hansen v. Mathews
  424 F.2d 1205· 7th Cir.· 1970-01-29 ·cited 8×·via Involuntary Plea
  The court held that the petitioner's contentions regarding his guilty plea being involuntary, unknowing, or impeached were without merit, affirming the denial of his habeas corpus petition.
• Robins v. United States
  413 F.2d 1290· 7th Cir.· 1969-07-10 ·cited 8×
  The court held that the defendant's guilty plea was voluntary and made with an understanding of the charge, satisfying Rule 11 requirements at the time of entry.
• United States ex rel. Charles Kenny v. Hon. Harold W. Follette
  410 F.2d 1276· 2d Cir.· 1969-03-25 ·cited 8×
  The court held that the petitioner deliberately abandoned his right to challenge the validity of his prior conviction by failing to utilize available state procedures, despite being informed of his right to do so.
• Cotner v. Henry
  394 F.2d 873· 7th Cir.· 1968-04-17 ·cited 8×·via Knowing And Voluntary Plea
  The dissenting judge would affirm the district court's decision, disagreeing with the majority's grant of relief.