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

• United States v. Horne
  987 F.2d 833· D.C. Cir.· 1993-03-19 ·cited 6×
  The court affirmed the denial of the defendant's motion to withdraw his guilty plea, finding no abuse of discretion by the district court.
• United States v. Hobert J. Barrett, Jr.
  982 F.2d 193· 6th Cir.· 1992-12-23 ·cited 6×
  A district court judge's participation in plea negotiations, even if well-intentioned and not explicitly coercive, violates Fed.R.Crim.P. 11(e)(1) and requires allowing the defendant to withdraw their guilty plea.
• United States v. Hoffman
  982 F.2d 187· 6th Cir.· 1992-12-22 ·cited 6×·via Voluntary And Intelligent Guilty Plea
  The court held that the enhancement for obstruction of justice was proper, but the author disagrees with the majority's conclusion that the district court had discretion to consider a collateral attack on prior convictions.
• United States v. Mathis
  963 F.2d 399· D.C. Cir.· 1992-05-01 ·cited 6×
  The court held that a D.C. robbery conviction based on 'stealthy seizure' does not qualify as a 'violent felony' under 18 U.S.C. § 924(e) because the statutory definition of force is less than Congress's intent. However, the court affirmed the denial of the motion to withdraw the
• United States v. Cates
  952 F.2d 149· 5th Cir.· 1992-01-31 ·cited 6×
  The court held that the government did not breach the plea agreement and the defendant was not entitled to withdraw his plea, thus affirming the denial of his § 2255 motion.
• United States v. DeFUSCO
  949 F.2d 114· 4th Cir.· 1991-11-12 ·cited 6×·via Knowing And Voluntary Plea
  The court held that a defendant's guilty plea was valid because the trial court adequately complied with Rule 11, the plea was voluntary, and a sufficient factual basis existed. Ineffective assistance of counsel claims are not properly raised on direct appeal.
• United States v. DeFOREST
  946 F.2d 523· 7th Cir.· 1991-10-17 ·cited 6×
  The court held that the defendant's prior convictions were validly obtained and sufficient to support the sentence enhancement under 18 U.S.C. § 924(e).
• Bedford v. Attorney Gen. OF the State OF Ala. & Charlie E. Jones
  934 F.2d 295· 11th Cir.· 1991-06-24 ·cited 6×
  The court held that the petitioner's claim was not procedurally barred because the state court did not clearly and expressly state that its judgment rested on a state procedural bar, and the state failed to demonstrate prejudice from the delay in filing the petition.
• Panuccio v. Kelly
  927 F.2d 106· 2d Cir.· 1991-03-06 ·cited 6×
  The court held that a defendant's Sixth Amendment right to effective assistance of counsel was not violated when counsel advised a guilty plea without fully disclosing a potential intoxication defense, if that defense had little chance of success and the potential sentence reduct
• United States v. Brownlie
  915 F.2d 527· 9th Cir.· 1990-10-01 ·cited 6×
  The court held that the mandatory sentence enhancement for a prior felony drug conviction does not violate due process or the Eighth Amendment, and a prior guilty plea is not rendered involuntary by the possibility of future sentence enhancement.
• United States v. Polk
  908 F.2d 212· 7th Cir.· 1990-07-26 ·cited 6×
  The court held that the defendant's 1971 guilty pleas were constitutionally valid for sentence enhancement purposes, despite the absence of a full transcript, because the record indicated he was advised of his rights and represented by counsel, and Illinois law presumes regularit
• United States v. Sabino del Rosario
  902 F.2d 55· D.C. Cir.· 1990-04-24 ·cited 6×
  The majority holds that counsel's failure to warn a defendant about potential deportation consequences of a guilty plea does not constitute ineffective assistance of counsel, even if the trial judge found otherwise.
• Hill v. A.L. Lockhart
  877 F.2d 698· 8th Cir.· 1989-06-14 ·cited 6×
  The dissenting judge believes the court should not grant habeas corpus relief because the claim lacks constitutional merit and was previously rejected.
• Pilla v. United States
  861 F.2d 1078· 8th Cir.· 1988-11-21 ·cited 6×
  The court held that Pilla's role as a bank advisor, coupled with the bank's awareness of the transaction violations through his co-defendant, created a duty to report, and his guilty plea was voluntary.
• Ciro Gargano v. United States
  852 F.2d 886· 7th Cir.· 1988-07-26 ·cited 6×
  The court held that the petitioner failed to demonstrate ineffective assistance of counsel because his counsel's advice to plead guilty was within the range of professional competence and he failed to show prejudice.
• Thomas v. Dugger
  846 F.2d 669· 11th Cir.· 1988-06-07 ·cited 6×
  The court held that the district court erred in limiting the scope of the remand to only laches and early parole, and that the plea discrepancy issue was not properly adjudicated below.
• United States v. Pinto
  838 F.2d 1566· 11th Cir.· 1988-03-11 ·cited 6×
  The court held that a defendant's claim that his plea was involuntary due to reliance on advice from a civil attorney, rather than his criminal counsel, was not credible and did not warrant withdrawal of the plea.
• Ezra Davis, Jr. v. Butler
  825 F.2d 892· 5th Cir.· 1987-08-27 ·cited 6×
  A guilty plea may be involuntary if based on a broken promise of a pardon by counsel, and specific allegations of such a promise warrant an evidentiary hearing. However, claims that the plea was involuntary due to lack of understanding of the charges are refuted by the record.
• Hulstine v. Morris
  819 F.2d 861· 8th Cir.· 1987-05-28 ·cited 6×
  The court held that the petitioner did not receive ineffective assistance of counsel and the felony information was not defective, as he understood the charges and consequences of his guilty plea.
• Beasley v. O.L. McCOTTER
  798 F.2d 116· 5th Cir.· 1986-08-05 ·cited 6×·via Involuntary Plea
  The court held that the appellant's claims were waived or abandoned, and therefore, his petition for rehearing was denied.
• Horace v. Louie L. Wainwright
  781 F.2d 1558· 11th Cir.· 1986-02-14 ·cited 6×
• Carroll Harland Williams v. Raines
  783 F.2d 774· 9th Cir.· 1986-01-09 ·cited 6×·via Involuntary Plea
  The court held that a guilty plea is voluntary and counsel is effective even if the defendant does not specifically recall being told the definition of malice, provided the elements were generally explained and the defendant affirmed understanding.
• Ames v. NEW York State Div. OF Parole
  772 F.2d 13· 2d Cir.· 1985-09-17 ·cited 6×·via Voluntary And Intelligent Guilty Plea
  A defendant's guilty plea is not rendered involuntary by failure to inform them of an affirmative defense, especially when the burden of persuasion for that defense rests on the defendant.
• Martinez v. State
  475 So. 2d 1292· Fla. 3d DCA· 1985-09-17 ·cited 6×·via Involuntary Plea
  Mario Martinez, a Cuban refugee who entered the U.S. through the Mariel boat-lift, appeals the summary denial of his post-conviction motion alleging ineffective assistance of counsel for failing to advise him of potential deportation consequences before he entered a guilty plea t
• United States v. Arellanes
  767 F.2d 1353· 9th Cir.· 1985-08-07 ·cited 6×
  The court held that the defendant is entitled to an evidentiary hearing on his claim that his guilty plea was not voluntary due to a misunderstanding of the plea agreement, and that the special parole term provision of 21 U.S.C. § 841 is constitutional.
• Richard L. Church v. Kincheloe
  767 F.2d 639· 9th Cir.· 1985-08-01 ·cited 6×
  The dissenting judge believes that counsel's failure to object to an unconstitutional jury instruction and failure to properly present an intoxication defense constituted ineffective assistance of counsel.
• United States v. Plain
  748 F.2d 620· 11th Cir.· 1984-12-12 ·cited 6×
  The court held that a motion to vacate a sentence under 28 U.S.C. § 2255 is not the proper vehicle to challenge actions of the Parole Commission, nor does a subjective belief about parole eligibility render a guilty plea involuntary.
• Caudill v. Jago
  747 F.2d 1046· 6th Cir.· 1984-10-22 ·cited 6×
  The court held that a guilty plea is not rendered involuntary merely because it was entered to avoid the possibility of a death penalty, and the judge's explanation of potential consequences does not constitute coercion if it is a fair description of alternatives.
• Willbright v. Smith
  745 F.2d 779· 2d Cir.· 1984-10-04 ·cited 6×·via Voluntary And Intelligent Guilty Plea
  The court held that a state trial judge's failure to explicitly inquire into the factual basis of a guilty plea does not violate due process if the totality of the circumstances demonstrates the plea was intelligent and voluntary.
• United States v. Peeler
  738 F.2d 246· 8th Cir.· 1984-06-27 ·cited 6×
  The court held that the district court did not err in denying the defendant's motion to vacate his sentence without an evidentiary hearing, as the files and records conclusively showed he was entitled to no relief.
• Livolsi v. State
  451 So. 2d 542· Fla. 2d DCA· 1984-06-20 ·cited 6×
  Appellant Livolsi appealed an order denying his motion for postconviction relief after he entered nolo contendere pleas to two counts. The trial court granted his motion to withdraw his plea to count 1 (battery on an animal control officer, found not to be a law enforcement offic
• United States v. Walsh
  733 F.2d 31· 6th Cir.· 1984-04-24 ·cited 6×
  The court held that although the imposition of a mandatory parole term not disclosed at the time of a guilty plea can constitute a substantial addition to the bargained-for sentence, a defendant's failure to object to the plea's voluntariness prior to sentencing precludes collate
• Jackson v. State
  442 So. 2d 1070· Fla. 3d DCA· 1983-12-20 ·cited 6×·via Involuntary Plea
  Florida appellate court reversed summary denial of post-conviction relief motion and remanded for evidentiary hearing where defendant claimed his guilty pleas were involuntary based on misunderstanding about consecutive sentencing.
• Diaz v. State
  439 So. 2d 1011· Fla. 2d DCA· 1983-10-28 ·cited 6×·via Involuntary Plea
  The appellate court held that the trial court erred by summarily denying the motion for post-conviction relief without an evidentiary hearing or attaching the record.
• Figueroa-Vazquez v. United States
  718 F.2d 511· 1st Cir.· 1983-10-13 ·cited 6×
  The court held that the district court did not err in failing to hold a competency hearing prior to accepting the guilty plea, as the information available at the time did not raise reasonable cause to believe the defendant was incompetent.
• United States v. Hipolito Rivera-Ramirez
  715 F.2d 453· 9th Cir.· 1983-09-06 ·cited 6×·via Knowing And Voluntary Plea
  A technical violation of Fed.R.Crim.P. 11 alone does not constitute manifest injustice sufficient to permit withdrawal of a guilty plea after sentencing.
• United States v. Crosby
  714 F.2d 185· 1st Cir.· 1983-08-02 ·cited 6×
  The court held that the district court did not abuse its discretion in denying the defendant's motion to withdraw his guilty plea, as the plea was voluntary and the defendant understood the charges.
• Alford v. United States
  709 F.2d 418· 5th Cir.· 1983-07-15 ·cited 6×
  The court held that the district court abused its discretion by denying a continuance to allow retained counsel adequate preparation time for an evidentiary hearing.
• Fairweather v. State
  432 So. 2d 688· Fla. 2d DCA· 1983-06-03 ·cited 6×
  Nancy Marie Fairweather appealed her guilty plea to second-degree murder, arguing the trial court erred by accepting her plea without informing her that the court could retain jurisdiction over one-third of any sentence imposed. The appellate court agreed and remanded for the tri
• Cowart v. State
  428 So. 2d 687· Fla. 4th DCA· 1983-02-02 ·cited 6×·via Involuntary Plea
• Marquis v. United States
  698 F.2d 13· 1st Cir.· 1983-01-10 ·cited 6×
  The court held that the petitioner's guilty plea was voluntary and valid, and the district court did not err in denying his motion to vacate the sentence.
• United States v. Mercer
  691 F.2d 343· 7th Cir.· 1982-10-18 ·cited 6×·via Knowing And Voluntary Plea
  When a district court rejects a plea agreement or imposes a sentence contrary to the understanding conveyed to the defendant, the defendant must be afforded an opportunity to withdraw their guilty plea.
• In re Cloyce Gilbert Little Light v. Crist
  649 F.2d 682· 9th Cir.· 1981-02-17 ·cited 6×·via Knowing And Voluntary Plea
  The court held that the area of Hardin, Montana, was disestablished from the Crow Reservation, granting Montana courts jurisdiction, but remanded for further proceedings on claims of involuntary plea and lack of counsel.
• Camillo v. Wyrick
  640 F.2d 931· 8th Cir.· 1981-02-09 ·cited 6×
  The court held that the district court did not err in denying the habeas corpus petition, as the totality of the circumstances demonstrated the guilty plea was voluntary and the state court's findings were supported by the record.
• LaVern L. Zaehringer v. Lou V. Brewer
  635 F.2d 734· 8th Cir.· 1980-12-24 ·cited 6×·via Knowing And Voluntary Plea
  The court held that while televising the sentencing hearing violated due process, the petitioner failed to demonstrate actual prejudice to his guilty pleas or sentencing outcome. The court affirmed the denial of the habeas corpus petition.
• George v. United States
  633 F.2d 1299· 9th Cir.· 1980-12-11 ·cited 6×
  A failure to comply with the formal requirements of Fed.R.Crim.P. 11 is not grounds for collateral relief under 28 U.S.C. § 2255 unless it rises to the level of constitutional error.
• United States v. Scott
  625 F.2d 623· 5th Cir.· 1980-09-10 ·cited 6×
  A defendant seeking to vacate a guilty plea based on misinformation about the maximum sentence must show prejudice, meaning they would not have pled guilty had they been properly informed.
• Hoover v. The State OF NEW York
  607 F.2d 1040· 2d Cir.· 1979-10-12 ·cited 6×
  The court affirmed the dismissal of the habeas corpus writ, finding that the petitioner had not properly presented his claim to the state courts, despite the state agreeing to waive procedural defenses.
• Arlen Kim Lesley v. State
  370 So. 2d 85· Fla. 2d DCA· 1979-04-27 ·cited 6×·via Involuntary Plea
  The court held that a trial judge must attach the record or hold an evidentiary hearing if a motion to vacate alleges facts entitling a prisoner to relief. The court affirmed denial of one claim but reversed and remanded for a hearing on another.
• Carter v. State
  369 So. 2d 968· Fla. 3d DCA· 1979-02-13 ·cited 6×
  Jessica Carter appealed the denial of her motion to withdraw her guilty plea to second degree murder, claiming she was not advised of the elements of the crime. The Florida District Court of Appeal affirmed the conviction, finding that the plea colloquy record showed Carter was i