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. Sheppard
  588 F.2d 917· 4th Cir.· 1978-12-22 ·cited 6×
  The court held that while the defendant was not fully informed of the maximum special parole term, the plea need not automatically be set aside if the sentence is corrected.
• Ballard v. Blackburn
  583 F.2d 159· 5th Cir.· 1978-11-02 ·cited 6×
  The court held that the petitioner failed to demonstrate that his retained counsel's representation was so inadequate as to violate his constitutional rights or render the proceedings fundamentally unfair.
• Norris Edwards v. Estelle
  541 F.2d 1162· 5th Cir.· 1976-11-05 ·cited 6×
  The court held that the appellant's trial counsel provided effective assistance, meeting the range of competence demanded of attorneys in criminal cases.
• Miles v. State
  338 So. 2d 547· Fla. 3d DCA· 1976-10-12 ·cited 6×
  The court held that a guilty plea to aggravated assault requires a factual basis demonstrating the use of a deadly weapon.
• Stead v. Link
  540 F.2d 923· 8th Cir.· 1976-08-12 ·cited 6×·via Knowing And Voluntary Plea
  The concurring judge agrees with the result but disagrees with the majority's assertion that a petitioner must exhaust state remedies for prior convictions influencing a federal sentence under § 2255.
• Alva E. Curry v. Estelle
  531 F.2d 766· 5th Cir.· 1976-05-14 ·cited 6×
  The court held that the sentencing court adequately resolved doubts about the petitioner's competency to plead guilty based on the information available at the time.
• United States v. Futeral
  539 F.2d 329· 4th Cir.· 1975-11-11 ·cited 6×
  The court held that a defendant's guilty plea is not rendered involuntary or constitutionally deficient simply because the judge imposes a harsher sentence than the prosecutor recommended, provided the defendant was informed the recommendation was not binding.
• Russell v. State OF Mo.
  511 F.2d 861· 8th Cir.· 1975-03-07 ·cited 6×
  A guilty plea breaks the chain of prior constitutional deprivations, and a claim of counsel denial at arrest is insufficient to challenge a subsequent voluntary guilty plea unless it shows the plea itself was involuntary due to ineffective counsel.
• Stout v. United States
  508 F.2d 951· 6th Cir.· 1975-01-10 ·cited 6×
  The court held that a guilty plea waives independent claims of prior constitutional rights violations and that the appellant failed to prove his attorney's advice was outside the range of competence.
• Short v. United States
  504 F.2d 63· 6th Cir.· 1974-10-16 ·cited 6×
  A motion to vacate a sentence under 28 U.S.C. § 2255 cannot be used to challenge the legality of a sentence imposed by a court in another judicial district.
• United States v. Bettelyoun
  503 F.2d 1333· 8th Cir.· 1974-10-15 ·cited 6×
  The court held that a defendant must object to the district court's refusal to accept a guilty plea to preserve the issue for appeal.
• United States ex rel. Lonnie Davis v. Johnson
  495 F.2d 335· 3d Cir.· 1974-03-20 ·cited 6×
  The court held that the defendant was not denied effective assistance of counsel when entering his guilty plea, and therefore the plea was voluntary.
• Hall v. United States
  489 F.2d 427· 5th Cir.· 1974-02-08 ·cited 6×
  The court held that while the ineffective assistance of counsel claim was properly denied, the case must be remanded for further proceedings to determine if there was a factual basis for the guilty plea, as required by Fed.R.Crim.Proc. 11.
• Bryan v. United States
  481 F.2d 272· 5th Cir.· 1973-07-06 ·cited 6×
• Gaxiola v. United States
  481 F.2d 383· 9th Cir.· 1973-06-01 ·cited 6×
  A guilty plea, voluntarily and intelligently entered with competent counsel, forecloses claims of prior constitutional violations, even if the defendant was unaware of a defense that later became established.
• United States v. People OF the State OF Ill.
  473 F.2d 1382· 7th Cir.· 1973-02-16 ·cited 6×
  A guilty plea is voluntary and understandingly entered if the defendant is admonished of the maximum possible sentence, even if the judge fails to explain the difference between concurrent and consecutive sentences.
• Abner Lynch v. Henderson
  469 F.2d 1081· 5th Cir.· 1972-11-28 ·cited 6×
  The court held that the petitioner's grounds for appeal, including due process violations, double jeopardy, and denial of jury trial, were without merit, and the mootness of one claim rendered the appeal unsuccessful.
• United States v. Forrest Anderson
  468 F.2d 440· 5th Cir.· 1972-10-18 ·cited 6×
  The court held that the trial judge's remarks, which threatened a perjury conviction if the defendant went to trial and testified consistently with prior statements, improperly coerced the defendant's guilty plea.
• United States v. REX
  465 F.2d 875· 6th Cir.· 1972-08-21 ·cited 6×
  The court held that a defendant's guilty plea must be set aside if the trial court fails to inform them of their ineligibility for parole, as this constitutes a violation of Rule 11 of the Federal Rules of Criminal Procedure.
• United States ex rel. George E. Davis v. Yeager
  453 F.2d 1001· 3d Cir.· 1971-12-30 ·cited 6×
  The court held that the state court records were inadequate to justify the District Court's denial of the petition without an evidentiary hearing, requiring a remand.
• Jones v. Cupp
  452 F.2d 1091· 9th Cir.· 1971-12-29 ·cited 6×
  The court held that a guilty plea is valid even if induced by a prior coerced confession, provided the plea itself was voluntary and intelligently entered with competent counsel. It also held that the prospective application of a reduced criminal penalty does not violate equal pr
• Wells v. United States
  452 F.2d 1001· 5th Cir.· 1971-12-15 ·cited 6×
  The court held that the district court erred in denying the motion to vacate without determining if the defendant understood the consequences of his guilty plea.
• Burnside v. Sigler
  451 F.2d 987· 8th Cir.· 1971-11-24 ·cited 6×·via Involuntary Plea
  The court held that the petitioner failed to exhaust his state remedies regarding his claim of ineffective assistance of counsel.
• Eugene v. Ross
  451 F.2d 298· 5th Cir.· 1971-11-22 ·cited 6×
  The court held that the district court erred in denying habeas corpus relief without an evidentiary hearing, as the petitioner's allegations regarding misleading advice about his guilty plea were not conclusively refuted by the record.
• United States v. McGAHEY
  449 F.2d 738· 9th Cir.· 1971-10-11 ·cited 6×·via Knowing And Voluntary Plea
  A defendant seeking to withdraw a guilty plea after sentencing must show manifest injustice, and the trial court's finding that the plea was knowing and voluntary is affirmed.
• Diggs v. United States
  447 F.2d 460· 5th Cir.· 1971-08-25 ·cited 6×
  The court held that the district court properly found the appellant's 1960 guilty plea to be voluntary, despite the lack of explicit Rule 11 dialogue in the original record.
• Reed v. Turner
  444 F.2d 206· 10th Cir.· 1971-06-07 ·cited 6×
  The court held that a guilty plea induced by promises of leniency is involuntary and subject to collateral attack, but the immediate release of the petitioner was an abuse of discretion.
• Ridge v. Turner
  444 F.2d 3· 10th Cir.· 1971-06-07 ·cited 6×
  The court held that the district court's finding of a coerced guilty plea was supported by the evidence, but the order for immediate discharge was improper.
• Morales-Guarjardo v. United States
  440 F.2d 775· 5th Cir.· 1971-04-02 ·cited 6×·via Knowing And Voluntary Plea
  The court held that the district court did not err in denying the federal prisoner's motion to vacate his judgment and sentence.
• United States ex rel. William W. Crossman v. Pate
  440 F.2d 535· 7th Cir.· 1971-03-11 ·cited 6×
  The court held that the record conclusively demonstrated the petitioner was competent to enter a guilty plea and was not entitled to an evidentiary hearing.
• Schofield v. United States
  441 F.2d 1219· 7th Cir.· 1971-03-10 ·cited 6×
  A guilty plea is not rendered involuntary or unintelligent by a misapprehension of the maximum possible sentence if the actual sentence imposed is not greater than the correct maximum and the plea was otherwise voluntary and intelligent.
• Theophilus Williams v. State
  245 So. 2d 680· Fla. 4th DCA· 1971-02-26 ·cited 6×·via Involuntary Plea
  A juvenile defendant challenges his guilty plea to rape, alleging it was involuntary and coerced. The trial court denied his Rule 1.850 motion for post-conviction relief without a hearing. The appellate court reversed, finding the defendant's allegations of an involuntary plea wa
• Gafford v. United States
  438 F.2d 106· 5th Cir.· 1971-02-04 ·cited 6×
  A voluntary and understanding guilty plea, even if resulting from plea bargaining, is conclusive as to guilt and waives prior non-jurisdictional defects. Ineffective assistance of counsel claims require a showing of a farce or mockery of justice.
• MacKey v. Oberhauser
  437 F.2d 120· 9th Cir.· 1971-01-22 ·cited 6×·via Involuntary Plea
  The court affirmed the denial of the habeas corpus petition, finding no error in the district court's decision.
• Byrd v. State
  243 So. 2d 1· Fla. 3d DCA· 1971-01-19 ·cited 6×·via Involuntary Plea
• Benn v. Eyman
  436 F.2d 1074· 9th Cir.· 1971-01-19 ·cited 6×
• Snyder v. State OF Neb.
  435 F.2d 679· 8th Cir.· 1970-12-24 ·cited 6×
  The court held that a state prisoner must first attempt to obtain a transcript in state courts before being entitled to one in federal habeas corpus proceedings. The court also held that the petitioner's guilty plea was voluntary.
• United States ex rel. Earl Thomas Sadler v. Commonwealth of Pa.
  434 F.2d 997· 3d Cir.· 1970-11-19 ·cited 6×
  The court held that the petitioner's claims of inadequate counsel and involuntary guilty plea were without merit, applying updated legal standards that shifted the burden of proof to the petitioner.
• O'Fallon v. State
  239 So. 2d 872· Fla. 2d DCA· 1970-10-07 ·cited 6×·via Knowing And Voluntary Plea
  James O'Fallon appealed the denial of post-conviction relief following his guilty plea to second degree murder. The appellate court affirmed the trial court's denial of his motion, finding his allegations of coerced plea and ineffective counsel were conclusory and unsupported by
• Hopkins v. United States
  431 F.2d 429· 5th Cir.· 1970-10-02 ·cited 6×
  The court held that the appellant's guilty plea was validly entered and that the non-retroactive application of McCarthy v. United States meant the Rule 11 non-compliance did not warrant vacating the sentence.
• Petraborg v. United States
  432 F.2d 1194· 7th Cir.· 1970-09-11 ·cited 6×
  The court held that the petitioner is entitled to a full evidentiary hearing on his motion to vacate sentence because the record does not conclusively show his guilty plea was voluntarily and knowingly made.
• Maner v. United States
  429 F.2d 578· 5th Cir.· 1970-08-13 ·cited 6×·via Involuntary Plea
  The court held that the district court did not err in denying the motion to vacate sentence, as the guilty plea was voluntarily and understandingly entered.
• DAY v. United States
  428 F.2d 1193· 8th Cir.· 1970-06-30 ·cited 6×
  The court held that the district court did not err in denying the motion to vacate the conviction and sentence, as the evidence did not support the claim of being under the influence of drugs at the time of the guilty plea.
• United States v. Zezoff
  428 F.2d 580· 7th Cir.· 1970-06-17 ·cited 6×
  The court held that the defendant's guilty plea was voluntary and knowing, and his constitutional rights were not violated, even if the proceedings did not fully comply with McCarthy guidelines, as McCarthy was not retroactive to pleas entered before its decision.
• Portillo v. United States Attorney General
  427 F.2d 173· 9th Cir.· 1970-05-22 ·cited 6×
  The court held that the prisoner's guilty plea was knowing and intelligent, and he was adequately represented by counsel.
• United States ex rel. Ralph Madison H-5666 v. Rundle
  422 F.2d 49· 3d Cir.· 1970-02-27 ·cited 6×
  The court held that the relator's guilty plea was voluntary and that he was not denied his constitutional rights regarding the death penalty or the right to appeal.
• Brown v. State
  234 So. 2d 161· Fla. 4th DCA· 1970-02-20 ·cited 6×
  Brown, a college student arrested with marijuana, pleaded guilty after the prosecutor promised to recommend probation and withholding of adjudication. The trial judge initially indicated he would likely follow these recommendations but later imposed a three-year sentence after di
• Ambry D. Allen, Jr. v. Stynchcombe
  421 F.2d 1399· 5th Cir.· 1970-02-09 ·cited 6×
  The court held that the district court did not err in denying the petition for writ of habeas corpus without an evidentiary hearing.
• Donovan v. State
  228 So. 2d 105· Fla. 3d DCA· 1969-11-18 ·cited 6×
  The appellate court affirmed the trial court's denial of a motion to vacate a guilty plea for first-degree murder. The court found the plea was voluntary despite the defendant's claim of maternal coercion, as the trial court had thoroughly questioned him about its voluntariness.
• Hutchinson v. Craven
  415 F.2d 278· 9th Cir.· 1969-08-14 ·cited 6×
  The court held that the district court erred in denying the habeas application based on prior proceedings because those proceedings lacked an evidentiary hearing on the merits. The court also noted a substantial new issue regarding denial of counsel that could warrant relief.