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

• Castro v. United States
  396 F.2d 345· 9th Cir.· 1968-05-28 ·cited 62×
  The court held that the district court erred in denying a hearing on Castro's § 2255 application without considering the allegations of counsel's misadvice regarding the consequences of a guilty plea.
• Palermo v. Warden, Green Haven State Prison
  545 F.2d 286· 2d Cir.· 1976-11-01 ·cited 61×
  The dissenting judge would not grant specific performance of an unauthorized and unfulfillable prosecutorial promise that intruded upon independent agencies' discretion.
• Canada v. State
  144 Fla. 633· Fla.· 1940-10-25 ·cited 61×
  Horace Canada was convicted of armed robbery and accessory after the fact and sentenced to consecutive five-year terms after pleading guilty on the same day as arraignment without counsel. The Florida Supreme Court reversed and remanded, holding that Canada met the requirements f
• Forrest v. State
  988 So. 2d 38· Fla. 4th DCA· 2008-07-09 ·cited 60×·via Involuntary Plea
  Forrest appeals the summary denial of his Rule 3.850 motion challenging the voluntariness of his 1991 guilty plea based on the trial court's failure to advise him of potential deportation consequences. The court reverses and remands, holding that the trial court must provide Forr
• Smith v. State
  784 So. 2d 460· Fla. 4th DCA· 2000-12-20 ·cited 60×·via Involuntary Plea
  Charles E. Smith appeals the summary denial of his post-conviction motion alleging ineffective assistance of counsel in connection with a guilty plea entered in 1994. The court reversed, holding that Smith's motion was timely under the extended filing period established in Wood v
• Freeman Daniels v. State
  716 So. 2d 827· Fla. 4th DCA· 1998-08-26 ·cited 60×
  A trial court must ensure a defendant understands the direct consequences of a plea, including mandatory license revocation, before accepting it.
• United States v. Harvey
  791 F.2d 294· 4th Cir.· 1986-05-22 ·cited 60×
  The court held that the plea agreement was ambiguous as a matter of law regarding its geographical scope, and such ambiguity must be construed against the government.
• Kress v. United States
  411 F.2d 16· 8th Cir.· 1969-05-29 ·cited 60×
  A guilty plea is valid if voluntarily and intelligently made, with understanding of the charges and consequences, and a factual basis, even if the defendant later expresses dissatisfaction with jail conditions or claims ineffective counsel.
• Cortez v. United States
  337 F.2d 699· 9th Cir.· 1964-10-22 ·cited 60×
  A guilty plea induced by a defendant's desire to help a co-defendant, even if facilitated by a lawyer's advice about potential prosecutorial leniency, is not necessarily involuntary if the defendant understands the consequences and is not deceived or coerced.
• Hicks v. State
  915 So. 2d 740· Fla. 5th DCA· 2005-12-09 ·cited 59×·via Voluntary And Intelligent Guilty Plea
  Mario Jerome Hicks appealed his no contest pleas to three felonies, claiming the trial court erred by failing to hold a competency hearing before accepting his plea. The appellate court dismissed the appeal for lack of jurisdiction because Hicks failed to file a timely motion to
• Clement Lemmon Edwards v. State
  393 So. 2d 597· Fla. 3d DCA· 1981-01-21 ·cited 59×·via Involuntary Plea
  Defense counsel has a duty to advise a non-citizen client of the collateral consequence of deportation before a guilty plea is entered, and failure to provide such advice may constitute ineffective assistance of counsel warranting vacation of the conviction, even though trial cou
• Tillman v. State
  522 So. 2d 14· Fla.· 1988-03-10 ·cited 58×·via Involuntary Plea
  Gary Tillman was convicted of first-degree murder and sentenced to death after pleading guilty pursuant to a plea agreement. The Florida Supreme Court affirmed the conviction but vacated the death sentence and remanded for a new sentencing hearing before a new judge and jury due
• Americo Michel v. United States
  507 F.2d 461· 2d Cir.· 1974-12-02 ·cited 58×
  A district court is not required to inform a defendant of the collateral consequences of a guilty plea, such as deportation, under Rule 11.
• Reddick v. State
  190 So. 2d 340· Fla. 2d DCA· 1966-08-10 ·cited 58×
  William Reddick was convicted of first-degree murder and sentenced to death after pleading guilty. The court reversed and remanded because Reddick's guilty plea was induced by coercion and misapprehension—specifically, the trial judge improperly orchestrated a commitment from the
• Rhodes v. State
  704 So. 2d 1080· Fla. 1st DCA· 1997-12-30 ·cited 57×
  James Rhodes appeals his habitual felony offender sentences imposed after a plea of nolo contendere to burglary and grand theft. The court reversed the habitual offender sentences because one predicate felony was committed after the offenses being sentenced, violating the statuto
• State v. Harris
  881 So. 2d 1079· Fla.· 2004-05-13 ·cited 56×·via Involuntary Plea
  The Florida Supreme Court held that the State does not violate a plea agreement for prison time followed by probation when it later initiates civil commitment proceedings under the Jimmy Ryce Act, because such civil commitment is a separate civil matter based on current mental st
• Thompson v. State
  638 So. 2d 116· Fla. 5th DCA· 1994-06-03 ·cited 56×·via Knowing And Voluntary Plea
  Willie Thompson pleaded guilty after being informed only of potential maximum sentences if deemed a habitual violent felony offender, but not that the State or court would actively seek such treatment. The court reversed the habitual violent felony offender sentence, holding that
• United States v. Latroy D. RAY
  828 F.2d 399· 7th Cir.· 1987-08-26 ·cited 56×
  The court held that while the district court failed to strictly comply with Federal Rule of Criminal Procedure 11 in accepting the guilty pleas, these failures constituted harmless error because the defendants understood the nature of the charges and there was a sufficient factua
• Self v. Blackburn
  751 F.2d 789· 5th Cir.· 1985-01-31 ·cited 56×
  The court held that the state district court had jurisdiction to accept a juvenile's guilty plea to first-degree murder and that the prisoner's understanding of parole eligibility did not constitute a breached plea bargain.
• Rinehart v. Lou V. Brewer
  561 F.2d 126· 8th Cir.· 1977-08-19 ·cited 56×
  The court held that a 15-year-old defendant's guilty plea was involuntary due to inadequate explanations and immaturity, and that he received ineffective assistance of counsel and was denied an impartial tribunal.
• Roddy v. Black
  516 F.2d 1380· 6th Cir.· 1975-05-27 ·cited 56×·via Voluntary And Intelligent Guilty Plea
  A state court's acceptance of a guilty plea is not constitutionally invalid for failing to establish a factual basis for the plea, nor for failing to explicitly advise the defendant of the maximum sentence, if the plea was otherwise voluntary and intelligent.
• Johnson v. United States
  344 F.2d 401· 5th Cir.· 1965-04-19 ·cited 56×
  The court held that the § 2255 hearing was inadequate due to restrictions on the psychiatric examination and that the contempt conviction was improperly imposed without counsel.
• Alexander v. United States
  290 F.2d 252· 5th Cir.· 1961-05-04 ·cited 56×
  The court held that a claim of illegally obtained evidence, now a constitutional issue under Elkins, can be raised in a Section 2255 proceeding.
• Kent v. United States
  272 F.2d 795· 1st Cir.· 1959-12-28 ·cited 56×
  The court held that the district court erred in resolving factual issues without allowing the petitioner to testify, but affirmed the denial of the motion because the petitioner's allegations, even if true, did not legally invalidate his guilty plea.
• Iacono v. State
  930 So. 2d 829· Fla. 4th DCA· 2006-06-07 ·cited 55×·via Knowing And Voluntary Plea
  A defendant's claim that counsel advised them to lie during a plea colloquy is legally insufficient to warrant an evidentiary hearing and is conclusively refuted by the record.
• State v. Adams
  342 So. 2d 818· Fla.· 1977-02-10 ·cited 55×
  A trial judge is not bound by a prosecutor's sentencing recommendation made during plea bargaining, even if the defendant is unaware the judge can reject it.
• Meadows v. Lon Evans
  529 F.2d 385· 5th Cir.· 1976-03-25 ·cited 55×
• Kotz v. United States
  353 F.2d 312· 8th Cir.· 1965-11-22 ·cited 55×·via Knowing And Voluntary Plea
  The court held that a sentence under the Youth Corrections Act is not invalid due to potentially longer restraint than the offense statute, and a guilty plea is valid if the defendant understood the consequences, even if the court did not explicitly explain all sentencing provisi
• United States v. Taylor
  303 F.2d 165· 4th Cir.· 1962-05-02 ·cited 55×
  The court held that the district court erred in dismissing the motion to vacate sentence without a full hearing, particularly given the incomplete record and the defendant's allegations of threats.
• Bachner v. United States
  517 F.2d 589· 7th Cir.· 1975-06-05 ·cited 54×
  A trial judge's failure to advise a defendant of a mandatory parole term does not render a guilty plea involuntary or constitutionally infirm, especially when the potential sentence advised is significantly higher than the actual sentence imposed.
• United States v. Florencio Sepe
  474 F.2d 784· 5th Cir.· 1973-01-04 ·cited 54×·via Voluntary And Intelligent Guilty Plea
• Hodge v. United States
  414 F.2d 1040· 9th Cir.· 1969-07-03 ·cited 54×
  The court held that the appellant intelligently waived his right to counsel by asserting his right to self-representation, and that the trial court did not err in its procedures.
• The Fla. Bar. re Fla. Rules of Crim. Procedure
  343 So. 2d 1247· Fla.· 1977-02-10 ·cited 53×
  The Florida Supreme Court adopted comprehensive amendments to the Florida Rules of Criminal Procedure effective July 1, 1977, including new provisions governing notice to appear, pretrial release, discovery, plea procedures, competency determinations, and post-conviction relief t
• Watts v. United States
  278 F.2d 247· D.C. Cir.· 1960-03-31 ·cited 53×
  A guilty plea induced by confronting the defendant with a confederate's inadmissible confession is not rendered involuntary or subject to collateral attack under 28 U.S.C. § 2255 if the plea itself was entered competently and intelligently.
• Burns v. State
  884 So. 2d 1010· Fla. 4th DCA· 2004-10-06 ·cited 52×·via Involuntary Plea
  Clifford Burns appeals his no-contest plea to robbery and aggravated assault, arguing the trial court committed fundamental error by failing to hold a competency hearing before accepting his plea. The Fourth District affirmed, holding that while a defendant has a due process righ
• Watrous v. State
  793 So. 2d 6· Fla. 2d DCA· 2001-03-07 ·cited 52×·via Involuntary Plea
  Donald Watrous appealed the denial of his postconviction motion challenging his guilty plea, claiming his counsel was ineffective for failing to advise him of possible civil commitment under Florida's sexually violent predator statute and for affirmatively misrepresenting when he
• Jonah Iaea v. Sunn
  800 F.2d 861· 9th Cir.· 1986-09-22 ·cited 52×
  The court held that a defendant's guilty plea may be invalid if counsel's erroneous advice regarding sentencing and potential consequences was deficient and prejudiced the defense, or if the plea was coerced by threats from counsel or third parties.
• Crawford v. United States
  519 F.2d 347· 4th Cir.· 1975-07-15 ·cited 52×
  A defendant's statements made during a Rule 11 proceeding are conclusively established unless the defendant provides a valid reason to depart from them. Offenses under 18 U.S.C. § 2113(d) and § 2113(e) do not merge when the kidnapping or killing occurs in avoiding apprehension fo
• Casey v. State
  Fla.· 1924-07-27 ·cited 52×
  Clarence D. Casey was convicted of first-degree murder by guilty plea and sentenced to death. The Florida Supreme Court reversed, finding the judgment void because the trial court failed to comply with mandatory statutory requirements to examine evidence and determine the degree
• Nelfrard v. State
  34 So. 3d 221· Fla. 4th DCA· 2010-05-12 ·cited 51×·via Involuntary Plea
  Michael Nelfrard appealed the trial court's summary denial of his motion to withdraw a guilty plea to cocaine possession, claiming ineffective assistance of counsel due to misadvice about sentencing exposure and coercion. The Fourth District Court of Appeal affirmed, holding that
• Rhodes v. State
  701 So. 2d 388· Fla. 3d DCA· 1997-11-05 ·cited 51×
  Harold Rhodes sought to vacate his nolo contendere plea to drug-possession charges, claiming his public defender affirmatively misadvised him that the conviction could not enhance future sentences. The Florida appellate court affirmed the trial court's denial of his petition, dis
• Skidmore v. State
  688 So. 2d 1014· Fla. 3d DCA· 1997-03-05 ·cited 51×·via Voluntary And Intelligent Guilty Plea
  Daniel Skidmore appealed the summary denial of his Rule 3.850 motion challenging his 30-year sentence imposed after a nolo contendere plea. The court affirmed, holding that because the plea was part of a valid negotiated plea bargain, the sentence was not illegal even though the
• Dumas v. State
  439 So. 2d 246· Fla. 3d DCA· 1983-09-13 ·cited 51×
  The Florida District Court of Appeal held that a written waiver of jury trial signed by a defendant, without affirmative record evidence of in-court examination, is sufficient to support a finding of effective waiver of the constitutional right to trial by jury. The court overrul
• LeDUC v. State
  415 So. 2d 721· Fla.· 1982-06-10 ·cited 51×
  The court held that the trial court erred in denying an evidentiary hearing on the defendant's claims of ineffective assistance of trial counsel and involuntariness of his guilty pleas.
• Cook v. United States
  549 F.2d 1001· 5th Cir.· 1977-03-31 ·cited 51×
  The court held that the district court's findings that the guilty pleas were voluntarily entered and counsel was effective were not clearly erroneous.
• McCHESNEY v. Henderson
  482 F.2d 1101· 5th Cir.· 1973-07-26 ·cited 51×·via Voluntary And Intelligent Guilty Plea
  A state court guilty plea is valid if intelligently and voluntarily made, even without express articulation of all constitutional rights, and post-conviction evidence can cure a silent trial record.
• Paradiso v. United States
  482 F.2d 409· 3d Cir.· 1973-07-19 ·cited 51×
  The court held that the appellants' guilty pleas were voluntary and valid under Rule 11, and that withdrawal of the pleas after sentencing was not warranted as it would not correct manifest injustice.
• Lawrence v. State
  969 So. 2d 294· Fla.· 2007-11-01 ·cited 50×·via Knowing And Voluntary Plea
  Jonathan Huey Lawrence, convicted of first-degree murder and sentenced to death, appealed denial of his Rule 3.851 post-conviction motion and filed a habeas petition challenging his conviction and sentence. The Florida Supreme Court affirmed the trial court's denial, finding no m
• United States v. Turner
  881 F.2d 684· 9th Cir.· 1989-08-01 ·cited 50×
  A guilty plea is not rendered involuntary under Federal Rule of Criminal Procedure 11 by the court's failure to inform the defendant of the specific applicable Sentencing Guidelines range prior to the plea. Furthermore, a sentence may stand even if the precise guideline range is
• RAY v. State
  480 So. 2d 228· Fla. 2d DCA· 1985-12-27 ·cited 50×
  The court held that if counsel provided erroneous advice regarding eligibility for gain time, the defendant should be permitted to withdraw his guilty plea.