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

• Domingo Rosas v. United States
  505 F.2d 115· 5th Cir.· 1974-12-16 ·cited 5×
  The court held that the trial court adequately established a factual basis for the guilty plea and that the defendant was sufficiently informed of the consequences, affirming the denial of the motion to vacate.
• Gallarelli v. United States
  441 F.2d 1402· 3d Cir.· 1971-04-26 ·cited 5×
  A conviction based on a guilty plea entered without the meaningful assistance of counsel at the critical stage of plea bargaining is unconstitutional and cannot stand.
• Barefield v. State OF NEW Mexico
  434 F.2d 307· 10th Cir.· 1970-11-13 ·cited 5×
  The court held that a retrospective competency hearing, even if held years after the plea, is not per se inadequate if the psychiatrists who examined the defendant prior to the plea testify.
• Williams v. State
  220 So. 2d 383· Fla. 4th DCA· 1969-03-20 ·cited 5×
  The appellate court affirmed the denial of a post-conviction motion for relief from a guilty plea. The court found no evidence of coercion or unfair treatment, upholding the lower court's decision.
• Chisholm v. State
  220 So. 2d 383· Fla. 3d DCA· 1969-03-18 ·cited 5×
  The court held that the trial court properly denied the motion to vacate the guilty plea because the record refuted the allegations and showed the appellant understood the plea's consequences.
• Robertson v. State
  219 So. 2d 456· Fla. 1st DCA· 1969-03-04 ·cited 5×·via Involuntary Plea
  Robert Lee Robertson appeals a trial court's denial of his motion to vacate his guilty plea to armed robbery and his fifteen-year sentence. Robertson claimed his guilty plea was involuntary due to false prosecution promises of leniency and that he was denied his right to a direct
• Miller v. State
  217 So. 2d 903· Fla. 2d DCA· 1969-01-15 ·cited 5×
  Willie Joseph Miller appeals the circuit court's denial of his second motion to vacate his life sentence for first-degree murder following a guilty plea. The Second District Court of Appeal affirms the denial, holding that under the circumstances—including thorough judicial inqui
• Fortin v. State
  203 So. 2d 207· Fla. 3d DCA· 1967-10-17 ·cited 5×·via Knowing And Voluntary Plea
  Donald Fortin appealed the denial of his motion to vacate a guilty plea and 15-year sentence for robbery, claiming his plea was induced by promises of leniency. The Florida District Court of Appeal affirmed the trial court's denial, finding the evidence contradicted Fortin's clai
• Layne Rachowicz v. Fla. Fish & Wildlife Conservation Comm'n
  361 So. 3d 429· Fla. 1st DCA· 2024-05-08 ·cited 4×
  Layne Rachowicz appeals the suspension of his stone crab fishing endorsement by the Florida Fish and Wildlife Conservation Commission following his no-contest plea to violating fishing regulations. The court affirms the suspension, holding that a no-contest plea constitutes a "co
• Rhines v. State
  237 So. 3d 1110· Fla. 3d DCA· 2018-01-03 ·cited 4×·via Involuntary Plea
  A defendant who pleads nolo contendere cannot directly appeal on grounds of involuntary plea without first preserving the issue through a motion to withdraw the plea in the trial court.
• Anderson v. State
  183 So. 3d 1146· Fla. 5th DCA· 2015-12-31 ·cited 4×
  Anderson appeals the denial of his postconviction motion for ineffective assistance of counsel, claiming his public defender gave him patently wrong advice about how to challenge the trial court's competency finding. The court reverses, holding that counsel's advice that a condit
• In & for Kent Cnty.
  2014 WL 7466714· Del. Super. Ct.· 2015-02-06 ·cited 4×·via Knowing And Voluntary Plea
  The Court denied the Defendant's motion to withdraw his guilty plea. The Defendant failed to demonstrate a fair and just reason for withdrawal, as he did not establish a procedural defect, a lack of knowing and voluntary consent, a basis for legal innocence, or inadequate counsel
• Damanta Jamar Murphy v. State
  149 So. 3d 1163· Fla. 1st DCA· 2014-10-23 ·cited 4×·via Voluntary And Intelligent Guilty Plea
  Damanta Murphy appeals his conviction and sentence following a no contest plea to felony charges, challenging the denial of his motion to suppress statements to police. The court affirms the conviction but expresses concern that the trial court's erroneous assurances that Murphy
• Oberist Saunders v. State
  148 So. 3d 843· Fla. 5th DCA· 2014-10-17 ·cited 4×
  The court held that the trial court erred in summarily denying grounds I, II, and III of the defendant's motion for post-conviction relief without attaching record documents or holding an evidentiary hearing.
• United States v. Castro
  736 F.3d 1308· 11th Cir.· 2013-09-26 ·cited 4×·via Knowing And Voluntary Plea
  The Eleventh Circuit affirmed the defendant's convictions, holding that the district court's single comment regarding the penal consequences of rejecting a plea agreement did not constitute plain error warranting vacatur of the guilty plea. The court found that the defendant fail
• D.M. v. State
  84 So. 3d 1242· Fla. 2d DCA· 2012-04-13 ·cited 4×
  The court held that the appeal of the disposition orders was untimely and dismissed, but the denial of the motions to withdraw the pleas was reversed.
• Kepford v. State
  64 So. 3d 189· Fla. 2d DCA· 2011-07-01 ·cited 4×·via Involuntary Plea
  Appellant Kepford appealed his convictions for felony battery, domestic battery by strangulation, false imprisonment, and grand theft after his pro se motion to withdraw his plea was denied. The court reversed, holding that the trial court erred by conducting a hearing on the mot
• Fidensio Gallegos v. State
  62 So. 3d 1236· Fla. 2d DCA· 2011-06-15 ·cited 4×·via Knowing And Voluntary Plea
  The court held that a defendant's plea is not knowing and voluntary if the trial court fails to sufficiently ensure the defendant understands the maximum possible penalties, including potential sentence enhancements.
• Burns v. State
  50 So. 3d 744· Fla. 2d DCA· 2010-12-22 ·cited 4×·via Knowing And Voluntary Plea
  A trial court must hold a hearing to determine if an adversarial relationship exists between a defendant and counsel when the defendant files a pro se motion alleging counsel's misadvice led to an unknowing or involuntary plea.
• Canseco v. State
  52 So. 3d 575· Fla.· 2010-04-22 ·cited 4×
  The Florida Supreme Court held that State v. Green did not create a blanket two-year window for defendants to challenge pleas based on inadequate immigration warnings if they received actual notice of deportation proceedings more than two years before filing their motion. Instead
• Dewey M. Council v. State
  9 So. 3d 721· Fla. 2d DCA· 2009-04-22 ·cited 4×·via Involuntary Plea
  Dewey Council appealed his convictions for obstruction of justice, disorderly conduct, and failure to register as a sex offender after the trial court denied his motion to withdraw his no-contest plea. The court reversed, holding that the trial court erred by failing to appoint c
• Mays v. State
  3 So. 3d 423· Fla. 4th DCA· 2009-02-18 ·cited 4×
  A defendant must raise any discrepancy between counsel's advice and the court's sentencing information during the plea colloquy, or risk waiving the claim.
• Federico Espinoza v. State
  1 So. 3d 1257· Fla. 2d DCA· 2009-02-11 ·cited 4×
  Affirmed convictions and sentences for cocaine trafficking and conspiracy; defendant's guilty plea without reservation limits appellate review to jurisdictional defects, preserved plea challenges, and sentencing errors.
• Marckman v. State
  997 So. 2d 1275· Fla. 2d DCA· 2009-01-07 ·cited 4×·via Involuntary Plea
  Marckman appeals the trial court's summary denial of his Rule 3.850 postconviction motion raising six claims. The court erred in summarily denying ground four, which alleged his guilty plea was involuntary because the trial court failed to advise him of the consequences of a habi
• Guzman v. State
  994 So. 2d 1252· Fla. 4th DCA· 2008-11-26 ·cited 4×·via Involuntary Plea
  The trial court erred by summarily denying a motion to withdraw a guilty plea without first appointing conflict-free counsel to assist the defendant, as required by precedent establishing that the thirty-day window for such motions is a critical stage of criminal proceedings.
• In re Amendments TO Fla. Rules OF Crim. Procedure 3.170 & 3.172
  953 So. 2d 513· Fla.· 2007-03-29 ·cited 4×
  The Florida Supreme Court amended criminal procedure rules 3.170 and 3.172 to align with a new state statute regarding DNA evidence inquiries during felony plea proceedings. The court considered public comments and adopted revisions proposed by the Criminal Procedure Rules Commit
• Gugelman v. State
  940 So. 2d 503· Fla. 5th DCA· 2006-10-20 ·cited 4×·via Involuntary Plea
• Stokes v. State
  938 So. 2d 644· Fla. 2d DCA· 2006-10-11 ·cited 4×·via Voluntary And Intelligent Guilty Plea
  The trial court abused its discretion by denying the motion to withdraw the no contest plea because the record did not affirmatively show the plea was voluntary and intelligent.
• In re Amendments TO Fla. Rules OF Crim. Procedure 3.170 & 3.172
  938 So. 2d 978· Fla.· 2006-09-21 ·cited 4×
  The Florida Supreme Court adopted emergency amendments to Florida Rules of Criminal Procedure 3.170 and 3.172 to ensure consistency with chapter 2006-292, Laws of Florida, which requires courts to inquire into the existence of exculpatory DNA evidence before accepting guilty plea
• Derry L. West v. State
  935 So. 2d 123· Fla. 4th DCA· 2006-08-09 ·cited 4×
  West challenged the trial court's summary denial of his Rule 3.850 postconviction motion. The Florida Fourth District Court of Appeal reversed as to his fourth claim alleging scoresheet errors that affected the voluntariness of his guilty plea, holding that while scoresheet error
• Ott Cornelius, II v. State
  913 So. 2d 1176· Fla. 4th DCA· 2005-10-12 ·cited 4×·via Involuntary Plea
  The loss of an opportunity to apply for a work permit license is a collateral consequence of a guilty plea, not a direct consequence, and therefore trial courts have no duty to inform defendants of collateral consequences prior to accepting a plea. A change in administrative rein
• Griffin v. State
  899 So. 2d 514· Fla. 2d DCA· 2005-04-29 ·cited 4×·via Involuntary Plea
  Griffin appeals the denial of his motions to withdraw guilty pleas after sentencing for grand theft and possession of cocaine. The trial court imposed a prison sentence after the Salvation Army drug treatment program—which was the basis of Griffin's plea agreement—rescinded his a
• Love v. State
  877 So. 2d 921· Fla. 5th DCA· 2004-07-23 ·cited 4×·via Involuntary Plea
  Lynda Lee Love appealed her judgment and sentence following a guilty plea, challenging the adequacy of her competency hearing, the trial court's denial of her motion to withdraw the plea, and a scrivener's error in the judgment. The appellate court found no abuse of discretion an
• Weston Opas v. State
  868 So. 2d 598· Fla. 5th DCA· 2004-03-05 ·cited 4×
  Weston Opas appeals the trial court's denial of his motion to withdraw a guilty plea to child pornography charges. The appellate court found that the trial judge's statements suggesting a prison sentence if the defendant pursued a motion to suppress hearing constituted potential
• Peloquin v. State
  858 So. 2d 1213· Fla. 4th DCA· 2003-11-12 ·cited 4×·via Involuntary Plea
  Court reversed summary denial of motion to withdraw nolo contendere pleas where counsel allegedly represented defendant would receive downward departure and treatment program rather than prison.
• Hoggs v. State
  857 So. 2d 358· Fla. 5th DCA· 2003-10-24 ·cited 4×·via Involuntary Plea
  Louis Jeffrey Hoggs appealed the denial of his Rule 3.850 ineffective assistance of counsel motion, claiming his trial counsel misadvised him about sentencing. The Fifth District Court of Appeal affirmed the trial court's summary denial, holding that Hoggs's motion was legally in
• Morrow v. State
  856 So. 2d 1043· Fla. 5th DCA· 2003-09-05 ·cited 4×
  The court held that the defendant's guilty plea was voluntary and his sentence under the 'Three Strikes Violent Felony Offender Act' was not unconstitutional cruel or unusual punishment.
• Broderick Mongo v. State
  846 So. 2d 613· Fla. 1st DCA· 2003-05-23 ·cited 4×·via Involuntary Plea
  A defendant challenging a guilty plea on grounds of ineffective assistance of counsel must satisfy both prongs of the Strickland test—showing both deficient performance and prejudicial effect on the plea—and must allege sufficient facts demonstrating how counsel's failure to obje
• Slater v. State
  829 So. 2d 321· Fla. 5th DCA· 2002-10-25 ·cited 4×
  Appellant's direct appeal of his nolo contendere plea is dismissed because he failed to file a motion to withdraw the plea in the trial court before appealing, and voluntariness challenges to pleas are not cognizable on direct appeal.
• DOW v. State
  823 So. 2d 830· Fla. 2d DCA· 2002-08-14 ·cited 4×·via Involuntary Plea
  Toby Dow appeals the summary denial of his post-conviction motion claiming his plea was involuntary due to counsel's alleged misrepresentation that he would receive youthful offender sanctions. The court affirmed the denial of two claims but reversed and remanded on the involunta
• Gonzalez v. State
  826 So. 2d 410· Fla. 2d DCA· 2002-07-26 ·cited 4×·via Involuntary Plea
  Robert Gonzalez appealed the denial of his motion to withdraw a guilty plea, arguing it was involuntary because he relied on invalid 1995 sentencing guidelines when entering the plea. The court reversed and remanded, holding that Gonzalez was entitled to withdraw his plea because
• Hawley v. State
  822 So. 2d 552· Fla. 1st DCA· 2002-07-26 ·cited 4×·via Knowing And Voluntary Plea
  James Michael Hawley appeals the summary denial of his postconviction motion claiming his nolo contendere plea was unknowing and involuntary because his trial attorney incorrectly assured him that all issues reserved in the plea agreement would be reviewed on appeal. The court re
• Hoag v. State
  801 So. 2d 207· Fla. 2d DCA· 2001-12-05 ·cited 4×·via Involuntary Plea
  The court held that a plea is involuntary if based on an incorrect understanding of sentencing guidelines, and the defendant is entitled to resentencing or withdrawal of the plea.
• Mended v. State
  805 So. 2d 905· Fla. 2d DCA· 2001-10-19 ·cited 4×·via Involuntary Plea
  The court affirmed the summary denial of postconviction relief for failure to allege actual deportation threat, but without prejudice to refiling with sufficient factual allegations.
• Robinson v. State
  792 So. 2d 632· Fla. 4th DCA· 2001-08-22 ·cited 4×·via Involuntary Plea
• Seaborne v. State
  789 So. 2d 1244· Fla. 1st DCA· 2001-08-01 ·cited 4×·via Involuntary Plea
  Seaborne challenged a postconviction order that purported to grant him a belated appeal after his counsel failed to reserve a suppression issue. The court held that only the appellate court, not the trial court, may grant a belated appeal, and that the proper remedy is to allow w
• Baker v. State
  793 So. 2d 69· Fla. 4th DCA· 2001-07-25 ·cited 4×·via Involuntary Plea
  The court held that the appellant's theft of the truck was not too attenuated from the fatal collision to support his felony murder conviction, affirming the denial of post-conviction relief.
• McCORD v. State
  795 So. 2d 101· Fla. 5th DCA· 2001-04-27 ·cited 4×
  Michael McCord, a mentally retarded defendant, appealed the summary denial of his post-conviction relief motion under Florida Rule 3.850, challenging his nolo contendere plea to two counts of attempted sexual battery. The Fifth District Court of Appeal affirmed the denial, reject
• Fernandez v. State
  782 So. 2d 944· Fla. 4th DCA· 2001-04-04 ·cited 4×·via Involuntary Plea
  The court held that the trial court's finding that the appellant was accurately advised of the maximum possible sentence was not supported by the record.
• Green v. State
  777 So. 2d 433· Fla. 2d DCA· 2000-12-27 ·cited 4×
  Donald Green appealed the summary denial of his postconviction relief motion alleging ineffective assistance of counsel regarding sentencing advice. The court reversed in part, finding that Green's claim regarding erroneous advice about concurrent sentencing credit was facially s