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

• Roeth v. United States
  382 F.2d 96· 10th Cir.· 1967-08-24 ·cited 8×
  A voluntary and unqualified guilty plea waives all non-jurisdictional defects, precluding appeal of prior rulings.
• Sciberras v. United States
  380 F.2d 732· 10th Cir.· 1967-07-06 ·cited 8×
  The court held that the defendant's guilty plea waived any prior procedural defects, and that the delay in arraignment was not unnecessary under the circumstances.
• Murphy v. Louie L. Wainwright
  372 F.2d 942· 5th Cir.· 1967-02-02 ·cited 8×·via Involuntary Plea
  The court held that the factual allegations regarding a coerced guilty plea warranted a plenary hearing.
• Munich v. United States
  363 F.2d 859· 9th Cir.· 1966-07-26 ·cited 8×
  The court held that the destruction of narcotics evidence, when done according to procedure and without government connivance, does not preclude a conviction.
• United States ex rel. Codarre v. Gilligan
  363 F.2d 961· 2d Cir.· 1966-06-28 ·cited 8×
  The court held that the petitioner was not denied due process regarding his guilty plea to murder.
• Bates v. Meadows
  358 F.2d 674· 6th Cir.· 1966-03-28 ·cited 8×·via Knowing And Voluntary Plea
  The court held that the petitioner failed to prove by a preponderance of the evidence that his guilty plea was not voluntarily and understandingly made.
• Bone v. United States
  351 F.2d 11· 8th Cir.· 1965-10-08 ·cited 8×
  The court affirmed the denial of the appellant's motion to vacate his sentence, finding his guilty plea was voluntary and that any procedural defects in accepting the plea were not grounds for collateral attack.
• Rogers v. United States
  350 F.2d 297· 10th Cir.· 1965-08-13 ·cited 8×
  A sentence imposed by a judge other than the one who accepted the guilty plea is not void and will not be set aside in collateral proceedings if there was no objection.
• Weed v. United States
  342 F.2d 971· 5th Cir.· 1965-03-08 ·cited 8×
  The court held that a motion to vacate a sentence based on claims of involuntary plea due to duress, where such claims are outside the record, requires a hearing.
• Ching v. United States
  338 F.2d 333· 10th Cir.· 1964-11-05 ·cited 8×
  The court held that the appellant's motion to withdraw guilty pleas was properly denied because the consent forms conclusively showed receipt of the Informations and the pleas were intelligently made with counsel.
• United States v. Lester
  328 F.2d 971· 2d Cir.· 1964-03-10 ·cited 8×
  The court held that the defendant waived his right to a speedy trial and that his plea was voluntary, thus affirming the denial of his motion to vacate the judgment.
• Gerhard Willie Gawantka v. United States
  327 F.2d 129· 3d Cir.· 1964-01-31 ·cited 8×
  A conviction and sentence following a voluntary guilty plea are based solely on the plea, not on any evidence that may have been improperly acquired.
• Ellis v. United States
  313 F.2d 848· 7th Cir.· 1963-02-25 ·cited 8×
  The court held that the district court erred in denying the petitioner's motion to vacate his sentence without a hearing, as the record did not demonstrate the plea was voluntary and understood.
• Stanley v. Kessel
  303 F.2d 563· 8th Cir.· 1962-06-04 ·cited 8×
  The court held that the simultaneous transportation of multiple counterfeit money orders constitutes a single offense under 18 U.S.C.A. § 2314, making the imposition of multiple sentences illegal.
• Clone S. Clay v. United States
  303 F.2d 301· 10th Cir.· 1962-04-26 ·cited 8×
  The court held that the trial court correctly denied the defendant's motion to vacate his sentence because the record demonstrated his understanding of the charges and the voluntariness of his guilty pleas.
• United States v. Zavada
  291 F.2d 189· 6th Cir.· 1961-06-22 ·cited 8×
  A defendant who pleads guilty cannot collaterally attack a conviction based on alleged illegal search and seizure or other constitutional violations that were not raised or were previously adjudicated.
• United States v. Campbell
  278 F.2d 916· 7th Cir.· 1960-05-25 ·cited 8×
  The court held that the defendant's petition to vacate his guilty plea did not state sufficient particularity to necessitate a hearing, and that he voluntarily pleaded guilty with a full understanding of the charges.
• Arnold v. United States
  271 F.2d 440· 4th Cir.· 1959-10-17 ·cited 8×·via Voluntary And Intelligent Guilty Plea
  The court held that the defendant's waiver of counsel was not intelligent or voluntary due to the inadequate inquiry by the clerk and the defendant's mental condition.
• Henderson v. Bannan
  256 F.2d 363· 6th Cir.· 1958-06-04 ·cited 8×
  The dissent argues that the defendant was denied due process because he was not afforded counsel during a critical stage of the criminal proceedings, and his waiver of counsel was not intelligent or knowing.
• Bistram v. United States
  248 F.2d 343· 8th Cir.· 1957-10-16 ·cited 8×
  The court held that the trial court did not err in denying the appellant's motions for a writ of habeas corpus ad testificandum, a supplemental deposition, and a transcript for appeal, as these denials were within the court's discretion and the appeal was not taken in good faith.
• United States ex rel. Turpin v. Warden of Green Haven Prison of State of N.Y.
  190 F.2d 252· 2d Cir.· 1951-07-03 ·cited 8×
  The court held that the relator was not entitled to habeas corpus relief because he failed to establish that an ingredient of unfairness actively operated in his Wisconsin conviction due to want of counsel.
• Giovani Guerra v. State
  331 So. 3d 746· Fla. 4th DCA· 2022-01-12 ·cited 7×·via Involuntary Plea
  The appellate court dismissed the appeal of one order as untimely but reversed the denial of a motion to withdraw a guilty plea for another order. The court found that the trial court erred in denying the motion because the appellant was affirmatively misadvised by his counsel re
• Wolter v. State
  219 So. 3d 852· Fla. 4th DCA· 2017-05-17 ·cited 7×
  Christopher Wolter appealed the denial of his post-judgment motion for jail credit following his plea to violation of probation and a new offense. The court affirmed the denial but allowed him to pursue claims regarding the voluntariness of his plea through a Rule 3.850 motion.
• Dannie Stanford Holden, Jr. v. State
  90 So. 3d 902· Fla. 1st DCA· 2012-06-14 ·cited 7×·via Voluntary And Intelligent Guilty Plea
  In this Anders appeal, Appellant Holden challenged the trial court's denial of his motion to suppress his confession and the admission of child victim hearsay statements after pleading nolo contendere to attempted sexual battery and resisting an officer. The First District affirm
• Escobar v. State
  126 So. 3d 277· Fla. 3d DCA· 2011-06-29 ·cited 7×·via Involuntary Plea
  Jose Escobar appeals the summary denial of his pro se motion to withdraw his guilty plea after sentencing, claiming language barriers and ineffective counsel. The Florida Third District Court of Appeal reverses and remands, holding that the trial court must first determine whethe
• Bland v. State
  25 So. 3d 600· Fla. 1st DCA· 2009-12-15 ·cited 7×·via Involuntary Plea
• Wendt v. State
  19 So. 3d 1024· Fla. 3d DCA· 2009-09-02 ·cited 7×·via Knowing And Voluntary Plea
  Tracey Wendt appeals the trial court's summary denial of her motions to withdraw her probation violation plea and to appoint conflict-free counsel. The appellate court affirmed, holding that Wendt failed to allege any conflict with her attorney and that the record conclusively re
• Davis v. State
  15 So. 3d 770· Fla. 2d DCA· 2009-07-17 ·cited 7×·via Involuntary Plea
  Anthony Davis appealed the denial of his Florida Rule of Criminal Procedure 3.850 motion challenging the validity of his guilty plea. The appellate court reversed and remanded two claims (one and six) for further proceedings because they were facially sufficient but improperly su
• Youngblood v. State
  930 So. 2d 852· Fla. 2d DCA· 2006-06-14 ·cited 7×·via Involuntary Plea
  The failure to file a timely motion to withdraw a guilty plea does not preclude an involuntary plea claim from being raised in a motion for postconviction relief.
• Doward v. State
  802 So. 2d 518· Fla. 5th DCA· 2001-12-28 ·cited 7×
  Eric Doward appeals the summary denial of his 3.850 postconviction relief motion claiming his plea was involuntary due to mental illness and medication affecting his comprehension. The appellate court reversed because the trial court relied on a psychiatrist's report from three m
• Jefferson v. State
  826 So. 2d 1006· Fla. 3d DCA· 2001-01-17 ·cited 7×
  Eddie Jefferson appealed the denial of his post-conviction motion challenging the voluntariness of his no-contest plea to attempted first-degree murder and the propriety of his sentence. The court affirmed the denial of the plea challenge as procedurally time-barred but reversed
• Ossie L. Davis v. State
  763 So. 2d 519· Fla. 5th DCA· 2000-07-21 ·cited 7×
  Davis appealed the denial of his motion to suppress evidence and motion to withdraw his nolo contendere plea to drug trafficking, battery on a law enforcement officer, and other charges. The Florida Fifth District Court of Appeal affirmed, holding that officers lawfully remained
• Bacon v. State
  738 So. 2d 973· Fla. 4th DCA· 1999-06-23 ·cited 7×
  Jesse Daniel Bacon appealed his guilty pleas to thirteen counts of burglary of a conveyance and two counts of grand theft of an automobile, claiming his pleas were involuntary due to ineffective assistance of counsel. The Fourth District Court of Appeal affirmed the trial court's
• United States v. Godfrey Carroll
  932 F.2d 823· 9th Cir.· 1991-05-09 ·cited 7×·via Knowing And Voluntary Plea
  A prior conviction used for sentencing is constitutionally invalid if the guilty plea was not knowing and voluntary, requiring a hearing if the record is silent on waiver of rights.
• Augustine Joseph v. State
  540 So. 2d 260· Fla. 5th DCA· 1989-03-30 ·cited 7×
  The court held that while most issues raised in a post-conviction relief motion are procedurally barred if they could have been raised on direct appeal, claims of ineffective assistance of counsel and involuntary plea are proper grounds for collateral relief.
• Siers v. Ryan
  773 F.2d 37· 3d Cir.· 1985-09-20 ·cited 7×
  A guilty plea induced by the fear of a heavier sentence if a jury trial is chosen, or by the perceived leniency of a judge in a non-jury trial, does not render the plea involuntary or unconstitutional, provided it is made intelligently and with competent legal advice.
• Campbell v. R.C. Marshall
  769 F.2d 314· 6th Cir.· 1985-07-23 ·cited 7×
  A guilty plea, voluntarily and intelligently made with competent counsel, is not rendered involuntary by the prosecution's prior failure to disclose potentially exculpatory evidence, even if that failure would have violated Brady v. Maryland at trial.
• Williams v. State
  341 So. 2d 214· Fla. 2d DCA· 1976-12-17 ·cited 7×
  Jerry Lee Williams pleaded guilty to aggravated assault and received a deferred sentence conditioned on serving as a police informant. When the original judge recused himself, the replacement judge found the arrangement unconstitutional, withdrew the plea, and after trial convict
• Baker v. State
  319 So. 2d 628· Fla. 1st DCA· 1975-09-10 ·cited 7×·via Knowing And Voluntary Plea
  The court held that the trial court did not err in revoking probation without further inquiry into the factual basis of the plea.
• Albrecht v. Nelson
  462 F.2d 623· 9th Cir.· 1972-06-28 ·cited 7×·via Involuntary Plea
  The court held that a guilty plea is not constitutionally infirm if it is primarily motivated by fear of the death penalty, even if influenced by counsel.
• United States v. Briscoe
  D.D.C.· 1970-10-16 ·cited 7×
  The court held that the Assistant United States Attorney's conduct did not significantly affect the appellant's decision to plead guilty, and therefore, withdrawal of the plea was not justified to prevent manifest injustice.
• Istvan J. Ersek v. State
  238 So. 2d 481· Fla. 3d DCA· 1970-08-04 ·cited 7×
  Istvan Ersek appealed the summary denial of his Rule 1.850 petition attacking his guilty plea to first-degree murder, claiming the plea was coerced or involuntary. The court affirmed the denial, finding the record demonstrated a voluntary plea entered after full consultation with
• United States ex rel. Nicholas J. Marinaccio v. FAY
  336 F.2d 272· 2d Cir.· 1964-08-31 ·cited 7×
  The court held that the district court did not err in denying a habeas corpus hearing because the appellant failed to allege sufficient facts to put the voluntariness of his guilty plea at issue.
• Armour Bailey v. United States
  324 F.2d 632· 10th Cir.· 1963-11-19 ·cited 7×
  The court held that a prior voluntary guilty plea precludes relief under 28 U.S.C. § 2255, even if the arrest and search were illegal.
• Castillo v. State
  244 So. 3d 1098· Fla. 4th DCA· 2018-04-18 ·cited 6×
  A defendant may not be convicted of a crime for which he was not charged, and a sentence that exceeds the statutory maximum for the offense violates due process and must be corrected on remand. A trial court does not abuse its discretion in declining to conduct a competency heari
• Hampton v. State
  217 So. 3d 1096· Fla. 5th DCA· 2017-04-13 ·cited 6×·via Involuntary Plea
  Timothy Hampton appeals the denial of his Rule 3.850 motion for postconviction relief alleging ineffective assistance of counsel and involuntary pleas. The Fifth District reversed and remanded Ground One regarding failure to challenge a wiretap order, affirmed Grounds Two A and T
• Doyle Hilton Murphy v. State
  181 So. 3d 574· Fla. 5th DCA· 2015-12-31 ·cited 6×
• Taylor v. State
  132 So. 3d 882· Fla. 2d DCA· 2014-02-07 ·cited 6×·via Knowing And Voluntary Plea
  The court held that the defendant was entitled to withdraw his plea because the plea agreement was ambiguous, leading to a misunderstanding of the sentence imposed.
• Cannon v. State
  92 So. 3d 292· Fla. 1st DCA· 2012-07-16 ·cited 6×·via Voluntary And Intelligent Guilty Plea
  Bobby Cannon appealed the summary denial of his motion for postconviction relief under Florida Rule of Criminal Procedure 3.850, claiming he was entitled to withdraw his plea agreement because the trial court never formally accepted it. The First District Court of Appeal affirmed
• Chadwick Kegler v. State
  46 So. 3d 1061· Fla. 2d DCA· 2010-10-15 ·cited 6×·via Involuntary Plea
  Chadwick Kegler appeals the denial of his motion to withdraw a no contest plea, claiming his trial counsel coerced him into pleading guilty and refused to pursue an entrapment defense. The court reversed and remanded because the trial court erred in failing to appoint conflict-fr