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

• Minshew v. United States
  410 F.2d 396· 5th Cir.· 1969-04-21 ·cited 6×
  The court held that the appellant should not be re-sentenced as an ordinary criminal offender because his conviction can be set aside under the Youth Corrections Act.
• United States ex rel. Lewis Alexander Brooks v. McMANN
  408 F.2d 823· 2d Cir.· 1969-03-19 ·cited 6×·via Involuntary Plea
  The court held that a defendant's guilty plea is not rendered involuntary by the trial court's failure to warn of potential recidivist sentencing if the defendant was otherwise aware of the consequences.
• Conley v. United States
  407 F.2d 45· 9th Cir.· 1969-01-27 ·cited 6×
  The court held that a guilty plea is valid even with amnesia if otherwise voluntary and supported by a factual basis, and that such a plea waives prior trial errors not affecting the plea's voluntariness.
• Baker v. United States
  404 F.2d 787· 10th Cir.· 1968-12-09 ·cited 6×
  The court held that the trial court did not err in denying the motion to withdraw the guilty plea without a hearing because the defendant was adequately informed of the consequences.
• Garnett v. United States
  404 F.2d 26· 5th Cir.· 1968-11-20 ·cited 6×
  The court held that the indictment count was not duplicitous and that the guilty pleas were voluntary. The convictions are affirmed.
• Byes v. United States
  402 F.2d 492· 8th Cir.· 1968-11-06 ·cited 6×
  The court held that the trial court did not abuse its discretion in denying the defendant's motion to withdraw his guilty plea.
• Sanchez v. United States
  401 F.2d 771· 5th Cir.· 1968-10-23 ·cited 6×
  The court held that a defendant's bare allegation of past drug addiction is insufficient to raise the issue of mental incompetence at the time of a guilty plea, absent evidence of drug use during incarceration.
• Holloway v. United States
  393 F.2d 731· 9th Cir.· 1968-04-12 ·cited 6×·via Involuntary Plea
  The court held that a petition to vacate convictions can be considered under a writ of coram nobis even after sentences have been served, and the appellant is entitled to a hearing on his claim that his guilty plea was involuntary due to a broken bargain.
• United States v. Jackson
  390 F.2d 130· 7th Cir.· 1968-02-15 ·cited 6×
  No hearing was required for the withdrawal of a guilty plea after probation was denied and a prison sentence was imposed.
• United States v. McCARTHY
  387 F.2d 838· 7th Cir.· 1968-01-10 ·cited 6×
  The court held that the district court properly accepted the defendant's guilty plea and entered judgment, satisfying the requirements of Federal Rules of Criminal Procedure 11 and 32(a)(1).
• Reed v. State
  204 So. 2d 26· Fla. 1st DCA· 1967-10-31 ·cited 6×
  This case involves an appeal from an order denying a motion to set aside a conviction for breaking and entering with intent to commit grand larceny. The appellant argued his guilty plea was involuntary due to his codefendant's confession, but the court found the plea was voluntar
• Earley v. United States
  381 F.2d 715· 9th Cir.· 1967-07-31 ·cited 6×
  The court held that the district court properly denied the § 2255 petition without a hearing because the record conclusively showed the prisoner was entitled to no relief.
• Anders v. Turner
  379 F.2d 46· 4th Cir.· 1967-05-29 ·cited 6×
  The District Court erred in holding that the withdrawal of an appeal constituted a waiver of a federal claim regarding an involuntary guilty plea, especially when state courts had addressed the claim on its merits.
• Streator v. United States
  367 F.2d 384· 5th Cir.· 1966-10-25 ·cited 6×
  A hearing is not mandatory on a motion to vacate a sentence if the motion, files, and records conclusively show the claim is without merit.
• Basilio David Maez v. United States
  367 F.2d 139· 10th Cir.· 1966-09-29 ·cited 6×
  A guilty plea entered by a drug addict suffering withdrawal pains is not per se involuntary if the defendant understood the proceedings and was not compelled.
• Weed v. United States
  360 F.2d 568· 5th Cir.· 1966-05-10 ·cited 6×
  The court held that issues not raised in the district court cannot be raised on appeal.
• Engling v. Crouse
  357 F.2d 267· 10th Cir.· 1966-03-01 ·cited 6×
  The court held that the failure to appoint counsel when a preliminary hearing is waived does not violate constitutional rights if no prejudice results.
• Legg v. United States
  350 F.2d 945· 6th Cir.· 1965-09-15 ·cited 6×
  The court held that a federal prisoner's general and conclusional allegations of attorney misconduct are insufficient to warrant a hearing on a motion to vacate a guilty plea.
• Blake v. State
  171 So. 2d 207· Fla. 3d DCA· 1965-01-26 ·cited 6×
  The court held that the petitioner's allegation of pleading guilty under a mistaken belief is not conclusively refuted by the record and warrants a hearing.
• Hudgins v. United States
  340 F.2d 391· 3d Cir.· 1965-01-20 ·cited 6×
  The court held that an erroneous ruling on a motion to suppress evidence does not per se render a subsequent guilty plea involuntary, and that the trial judge's statements did not constitute a promise of leniency.
• Hawk v. United States
  340 F.2d 792· D.C. Cir.· 1964-12-10 ·cited 6×
  The court held that the right to withdraw a guilty plea is not conditioned on its invalidity, and discretion should be exercised liberally, especially when innocence is asserted.
• Underwood v. Bomar
  335 F.2d 783· 6th Cir.· 1964-08-19 ·cited 6×
  The court held that the appellants' constitutional rights were not violated regarding counsel, representation adequacy, indictment validity, or awareness of their guilty plea.
• Bone v. United States
  305 F.2d 772· 8th Cir.· 1962-07-23 ·cited 6×
  The court held that a motion to vacate conviction, even if styled as coram nobis, is treated as a § 2255 motion, and that a prior ruling on the same grounds is binding.
• Johnson v. United States
  301 F.2d 631· 8th Cir.· 1962-04-26 ·cited 6×
  The court held that the trial court did not err in denying the motion to vacate sentence because the guilty pleas were entered voluntarily and with understanding of the charges.
• United States v. Jacek
  298 F.2d 429· 3d Cir.· 1962-01-26 ·cited 6×·via Knowing And Voluntary Plea
  The court held that the petitioner's claims lacked merit and affirmed the district court's denial of his motion to vacate the judgment.
• Overman v. United States
  281 F.2d 497· 6th Cir.· 1960-07-12 ·cited 6×
  A motion to vacate a sentence under 28 U.S.C. § 2255 can be denied without a hearing if the motion, files, and records conclusively show the prisoner is not entitled to relief.
• United States ex rel. George H. Moore v. Martin
  273 F.2d 344· 2d Cir.· 1959-12-29 ·cited 6×
  The court held that a relator's constitutional rights were not violated by his conviction and sentence in Pennsylvania, even if he lacked counsel at sentencing, as no unfairness resulted.
• Bridges v. United States
  259 F.2d 611· 9th Cir.· 1958-04-21 ·cited 6×
  The court held that the denial of the motion to vacate the sentence was correct because the record, when viewed judicially and in its entirety, demonstrated that the defendant understood the charges to which he pleaded guilty.
• Martin v. United States
  199 F.2d 279· 8th Cir.· 1952-10-28 ·cited 6×
  The court held that the defendant was entitled to a hearing on his motion to vacate sentence, even if the court had doubts about the merits, because the record did not conclusively show he was entitled to no relief.
• United States v. Searle
  180 F.2d 209· 7th Cir.· 1950-02-23 ·cited 6×
  The court held that the defendant's voluntary guilty plea, made with understanding of the charge, was not grounds to withdraw the plea after sentencing, as no manifest injustice was shown.
• Emerson v. State
  412 So. 3d 917· Fla. 1st DCA· 2025-06-04 ·cited 5×·via Involuntary Plea
  A defendant who pleads nolo contendere may not appeal a sentencing error on the ground of fundamental error unless the error was preserved by a motion to correct sentencing error under Florida Rule of Criminal Procedure 3.800(b) or by objection at sentencing. No fundamental-error
• Hill v. State
  258 So. 3d 577· Fla. 1st DCA· 2018-12-10 ·cited 5×
  The court reversed a summary denial of an ineffective assistance of counsel claim where the defendant alleged his counsel failed to advise him that the state's evidence was insufficient to support an accessory after the fact conviction. The court held that a voluntary guilty plea
• Altersberger v. State
  216 So. 3d 621· Fla.· 2017-04-27 ·cited 5×
  Joshua Lee Altersberger, convicted of first-degree murder for shooting Florida Highway Patrol Sergeant Nick Sottile, challenges his death sentence. The Florida Supreme Court affirms his conviction and denial of postconviction relief regarding trial counsel's advice on plea withdr
• Hernandez v. State
  204 So. 3d 128· Fla. 4th DCA· 2016-11-16 ·cited 5×·via Involuntary Plea
  Felix Hernandez appeals the trial court's summary denial of his motion to withdraw a no contest plea to lewd or lascivious molestation charges. The appellate court holds that Hernandez is entitled to an evidentiary hearing to determine whether his plea was involuntary based on al
• State v. Yeomans
  172 So. 3d 1006· Fla. 1st DCA· 2015-09-03 ·cited 5×·via Involuntary Plea
  The Florida First District Court of Appeal affirmed a trial court's grant of post-conviction relief allowing a defendant to withdraw his guilty plea for DUI manslaughter, holding that the plea was involuntary due to both defense counsel's misadvice about a four-year mandatory min
• R.C. v. State
  157 So. 3d 458· Fla. 4th DCA· 2015-02-11 ·cited 5×·via Voluntary And Intelligent Guilty Plea
  Juvenile's appeal of delinquency adjudication is affirmed because he failed to preserve a competency issue by moving to withdraw his plea before appeal.
• Blas Garcia-Manriquez v. State
  146 So. 3d 134· Fla. 3d DCA· 2014-09-03 ·cited 5×·via Voluntary And Intelligent Guilty Plea
  The appellate court lacks jurisdiction to consider a claim regarding the voluntary and intelligent nature of a guilty plea if the defendant did not first file a motion to withdraw the plea in the trial court.
• Hutchinson v. State
  29 So. 3d 1228· Fla. 3d DCA· 2010-03-31 ·cited 5×
  Tyrone Hutchinson appeals the denial of a motion to correct an illegal sentence under Florida Rule of Criminal Procedure 3.800, claiming he should have been sentenced to five years (as promised in his 2001 plea agreement) rather than ten years (imposed in 2005 for violating commu
• Moore v. State
  991 So. 2d 977· Fla. 1st DCA· 2008-09-22 ·cited 5×·via Involuntary Plea
  The court held that a defendant's claim of an involuntary guilty plea based on counsel's misinformation about the admissibility of victim character evidence is facially sufficient for a rule 3.850 motion.
• Clay Murphy v. State
  868 So. 2d 585· Fla. 2d DCA· 2004-02-25 ·cited 5×·via Involuntary Plea
  The court held that the loss of employment is a collateral consequence of a guilty plea, and a defendant's lack of awareness of such consequences is insufficient to render a plea involuntary.
• Gore v. State
  828 So. 2d 1087· Fla. 1st DCA· 2002-10-30 ·cited 5×·via Involuntary Plea
• Maples v. State
  804 So. 2d 599· Fla. 5th DCA· 2002-01-18 ·cited 5×·via Involuntary Plea
  Jackie Ray Maples appealed the summary denial of his motion for post-conviction relief alleging ineffective assistance of trial counsel and involuntary plea. The Fifth District Court of Appeal affirmed the denial, finding Maples failed to demonstrate a viable suppression defense,
• United States v. Cortez
  973 F.2d 764· 9th Cir.· 1992-08-24 ·cited 5×·via Knowing And Voluntary Plea
  A guilty plea waives a selective prosecution claim unless it falls under a narrow exception, but a plea induced by a mistaken belief about its effect on preserving such claims is not knowing and voluntary.
• Merrill E. Fields v. Attorney Gen. OF the State OF Md.
  956 F.2d 1290· 4th Cir.· 1992-02-26 ·cited 5×
  A voluntary and intelligent guilty plea generally bars collateral review of antecedent constitutional claims, and the defendant failed to demonstrate prejudice or an actual conflict of interest for his ineffective assistance of counsel claim.
• United States v. Davis
  954 F.2d 182· 4th Cir.· 1992-01-09 ·cited 5×
  The court held that the defendant's guilty plea was voluntary, his waiver of appellate rights was knowing and intelligent, and he waived his right to appeal the principle of specialty issue by failing to raise it below.
• Lundgren v. State
  581 So. 2d 206· Fla. 1st DCA· 1991-05-30 ·cited 5×
  A criminal defendant is entitled to withdraw a guilty plea when counsel makes a clear misstatement of law regarding the consequences of the plea, such as misrepresenting the applicability of gain time credits. The trial court abused its discretion by denying the motion to withdra
• DeWayne R. McLENDON v. State
  502 So. 2d 101· Fla. 2d DCA· 1987-02-13 ·cited 5×·via Involuntary Plea
• Kiriluk v. State
  440 So. 2d 520· Fla. 4th DCA· 1983-11-16 ·cited 5×·via Involuntary Plea
  A defendant who pleads guilty cannot appeal the judgment entered thereon, even if the plea was conditioned on the right to appeal the legality of a search and seizure.
• United States v. Morrow
  537 F.2d 120· 5th Cir.· 1976-08-16 ·cited 5×
  The court held that the evidence presented at trial was sufficient to establish a single overall conspiracy, rejecting the appellants' argument of a fatal variance between the indictment and the proof.
• United States v. Carabbia
  512 F.2d 34· 6th Cir.· 1975-03-13 ·cited 5×
  The court held that when a defendant claims a guilty plea was induced by a plea bargain involving the sentencing judge, and the judge's version of events is challenged, the motion to withdraw the plea should be heard by a different judge to avoid the appearance of impropriety.