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

• Aguilar v. State
  756 So. 2d 257· Fla. 3d DCA· 2000-05-03 ·cited 4×·via Voluntary And Intelligent Guilty Plea
  A defendant appeals the denial of his Rule 3.850 postconviction motion, claiming he was misadvised by defense counsel regarding gaintime eligibility. The court holds that the claim, though raised in an amended motion outside the two-year limitations period, qualifies as a timely
• Griffin v. State
  760 So. 2d 205· Fla. 2d DCA· 2000-04-14 ·cited 4×·via Voluntary And Intelligent Guilty Plea
  The Florida Second District Court of Appeal held that trial courts lack authority to deny appointment of appellate counsel to indigent defendants by finding their appeals frivolous; only appellate courts can determine whether an appeal presents viable issues warranting counsel ap
• Libertelli v. State
  750 So. 2d 138· Fla. 2d DCA· 2000-01-26 ·cited 4×·via Involuntary Plea
  The court held that the trial court's summary denial of the motion for postconviction relief was improper because the plea colloquy did not conclusively refute the defendant's claim that his drug addiction rendered his plea involuntary.
• Evans v. State
  763 So. 2d 1109· Fla. 4th DCA· 1999-12-22 ·cited 4×·via Involuntary Plea
  Neal Evans appeals a trial court's summary denial of his post-conviction motion claiming his guilty plea to second-degree murder was involuntary due to ineffective counsel who allegedly misadvised him about time-served calculations. The appellate court affirms, finding the record
• Calburt Knibbs v. State
  756 So. 2d 112· Fla. 2d DCA· 1999-12-10 ·cited 4×
  Calburt Knibbs appeals the summary denial of his petition for writ of error coram nobis, claiming he was not advised of the deportation consequences of his no-contest plea to marijuana possession. The Second District Court of Appeal reverses, holding that Knibbs' claim based on l
• Somintac v. State
  748 So. 2d 301· Fla. 3d DCA· 1999-09-29 ·cited 4×·via Involuntary Plea
  Rudy Somintac appeals the denial of his petition for writ of error coram nobis, which sought to set aside his 1994 no contest plea to lewd assault on grounds that he was not informed the plea could subject him to deportation. The court affirmed the denial, holding that such defec
• Marlin Doren Irving v. State
  741 So. 2d 519· Fla. 2d DCA· 1999-06-04 ·cited 4×·via Involuntary Plea
  Court reversed summary denial of postconviction relief motion where defendant stated facially sufficient claim that his guilty plea was involuntary due to incompetency and counsel's ineffective assistance in failing to investigate.
• Kirby v. State
  733 So. 2d 1054· Fla. 1st DCA· 1999-04-16 ·cited 4×·via Involuntary Plea
• Elise Mitchell v. State
  734 So. 2d 1067· Fla. 1st DCA· 1999-02-12 ·cited 4×
  Elise Mitchell appeals an order denying her motion for post-conviction relief based on claims of ineffective assistance of counsel. The court found a facially sufficient claim regarding counsel's failure to investigate whether the property burned constituted a 'dwelling' under Fl
• Delacruz v. State
  721 So. 2d 763· Fla. 2d DCA· 1998-11-13 ·cited 4×·via Involuntary Plea
  Rodolfo Delacruz appealed the denial of his postconviction Rule 3.850 motion challenging his guilty plea for DUI manslaughter and leaving the scene of an accident. The appellate court affirmed most of the trial court's rulings but reversed and remanded one claim regarding counsel
• D.L. v. State
  719 So. 2d 931· Fla. 5th DCA· 1998-09-11 ·cited 4×·via Voluntary And Intelligent Guilty Plea
  The court held that the trial court erred in denying the motion to withdraw the guilty plea because there was doubt as to the juvenile's understanding of the charges and waiver of counsel.
• Grantham v. State
  712 So. 2d 851· Fla. 5th DCA· 1998-07-17 ·cited 4×·via Involuntary Plea
• Gonzalez v. State
  714 So. 2d 1125· Fla. 3d DCA· 1998-07-15 ·cited 4×·via Knowing And Voluntary Plea
  The dissenting judge would reverse the denial of the motion for post-conviction relief and remand for an evidentiary hearing.
• D.D.W. v. State
  686 So. 2d 747· Fla. 2d DCA· 1997-01-10 ·cited 4×
  A juvenile defendant who pleaded no contest to cocaine possession under a plea agreement was sentenced to a higher commitment level than promised, then denied his motion to withdraw the plea. The appellate court reversed, holding that when a trial court cannot honor plea agreemen
• Hall v. State
  677 So. 2d 85· Fla. 2d DCA· 1996-07-19 ·cited 4×·via Involuntary Plea
  The court held that an arrest alone is insufficient to revoke probation and that the trial court erred in summarily denying relief without addressing the claim of ineffective assistance of counsel.
• James v. State
  670 So. 2d 976· Fla. 1st DCA· 1996-01-08 ·cited 4×·via Knowing And Voluntary Plea
• Black v. State
  664 So. 2d 1152· Fla. 3d DCA· 1995-12-20 ·cited 4×
  Glen Black appeals the revocation of his community control and imposition of a prison sentence following his admission to violating the terms of his community control. The appellate court affirmed the trial court's acceptance of Black's plea of admission and the resulting sentenc
• Bryant v. State
  661 So. 2d 951· Fla. 4th DCA· 1995-10-25 ·cited 4×·via Knowing And Voluntary Plea
  Florida appellate court reversed summary denial of post-conviction relief motion where defendant claimed his guilty plea was involuntary due to psychotropic medication, holding that an evidentiary hearing was required because the record did not conclusively refute the allegation.
• McDONALD v. State
  661 So. 2d 87· Fla. 2d DCA· 1995-08-23 ·cited 4×
• J.S. v. State
  658 So. 2d 638· Fla. 2d DCA· 1995-07-26 ·cited 4×
  Appellate court dismissed appeal of juvenile's nolo contendere plea for grand theft because the challenge to plea voluntariness was not first raised in trial court via motion to withdraw plea.
• Leto v. State
  658 So. 2d 1108· Fla. 4th DCA· 1995-07-19 ·cited 4×
  Mark Leto appeals the denial of his motion for postconviction relief, arguing that the trial judge's misleading representations about the length of time he would actually serve in prison rendered his guilty plea involuntary. The Fourth District Court of Appeal reverses and remand
• Schroeder v. State
  641 So. 2d 947· Fla. 5th DCA· 1994-09-02 ·cited 4×·via Involuntary Plea
  Defendant's no-contest plea must be withdrawn when the federal government's refusal to accept him defeats the condition of concurrent sentencing that was material to the plea agreement.
• Mitchell v. State
  638 So. 2d 606· Fla. 1st DCA· 1994-06-23 ·cited 4×·via Involuntary Plea
  The court held that the motion for post-conviction relief was facially insufficient and should be dismissed without addressing the merits.
• Hannah v. State
  623 So. 2d 855· Fla. 3d DCA· 1993-09-14 ·cited 4×·via Involuntary Plea
  The court held that the plea colloquy conclusively demonstrated the defendant's understanding of habitual offender sentencing, thus his plea was voluntary.
• United States v. Ford
  993 F.2d 249· D.C. Cir.· 1993-05-25 ·cited 4×·via Knowing And Voluntary Plea
  The court held that a defendant should almost always be allowed to withdraw a guilty plea before sentencing if the plea colloquy was not in substantial compliance with Federal Rule of Criminal Procedure 11.
• United States v. Howard
  991 F.2d 195· 5th Cir.· 1993-05-10 ·cited 4×
  The court held that the statute was constitutional, the defendant was properly classified as a career offender, and the denial of the motion to suppress was correct.
• United States v. Watley
  987 F.2d 841· D.C. Cir.· 1993-03-19 ·cited 4×
  The court held that a defendant should be allowed to withdraw a guilty plea if they received incorrect information about the potential sentence, shared by all parties, which influenced their decision to plead guilty.
• Higgason v. Clark
  984 F.2d 203· 7th Cir.· 1993-01-14 ·cited 4×
  The court held that a petitioner challenging a conviction used for sentence enhancement must demonstrate actual innocence or cause and prejudice for procedural defaults, and that a guilty plea is valid if voluntary and intelligent, not solely dependent on strong evidence of guilt
• United States v. Young
  981 F.2d 180· 5th Cir.· 1992-12-28 ·cited 4×
  The court held that a misapplication of the Sentencing Guidelines, specifically the requirement for a good cause showing for the nondisclosure of confidential informant identities, constituted plain error requiring remand for resentencing.
• United States v. Zorrilla
  982 F.2d 28· 1st Cir.· 1992-12-23 ·cited 4×·via Knowing And Voluntary Plea
  A district court's failure to establish a factual basis for a guilty plea does not warrant vacating the plea if the defendant shows no prejudice and a factual basis otherwise exists in the record.
• United States v. Fulvio DeSANTIAGO-Martinez
  980 F.2d 582· 9th Cir.· 1992-11-25 ·cited 4×·via Knowing And Voluntary Plea
  An express waiver of the right to appeal in a negotiated guilty plea is valid if knowingly and voluntarily made, and a Rule 11 colloquy or Rule 32(a)(2) notice is not a prerequisite to such a finding.
• United States v. Hekimain
  975 F.2d 1098· 5th Cir.· 1992-10-09 ·cited 4×
  The court held that the district court's failure to properly inform the defendant of the effects of supervised release and its power to depart upward from the sentencing guidelines constituted a violation of Federal Rule of Criminal Procedure 11, rendering the guilty plea involun
• Cleveland Darden v. State
  604 So. 2d 1256· Fla. 5th DCA· 1992-09-04 ·cited 4×·via Involuntary Plea
  Florida appellate court quashed a trial court's order denying a Rule 3.850 motion because the trial court lacked jurisdiction to rule on it after the defendant filed a notice of plenary appeal.
• Bell v. State
  602 So. 2d 693· Fla. 2d DCA· 1992-08-07 ·cited 4×·via Involuntary Plea
  The court held that the record was insufficient to refute the defendant's claim that his plea was involuntary due to counsel's unfulfillable promises regarding parole and gain-time credits.
• Moran v. Godinez
  972 F.2d 263· 9th Cir.· 1992-07-30 ·cited 4×
  The court held that the state court erred by applying the wrong legal standard to determine the defendant's competency to waive his constitutional rights and enter guilty pleas.
• Everard Leonard Small v. State
  600 So. 2d 518· Fla. 5th DCA· 1992-06-12 ·cited 4×
  A defendant should be allowed to withdraw a guilty plea if it was not voluntary due to misleading information from counsel regarding sentencing, even if the court has a policy against disclosing sentencing brackets pre-PSI.
• Black v. State
  599 So. 2d 1380· Fla. 1st DCA· 1992-05-27 ·cited 4×
  Larry Black appealed his convictions and sentences entered on nolo contendere pleas in two cocaine cases. The court reversed and remanded after finding the trial court erred by failing to rule on Black's request to withdraw his plea when a material misunderstanding about the sent
• United States v. Abreu
  964 F.2d 16· D.C. Cir.· 1992-05-26 ·cited 4×·via Knowing And Voluntary Plea
  A district court did not abuse its discretion in denying a motion to withdraw a guilty plea when the defendant's stated reason was a change in strategy after reevaluating the strength of the government's case.
• United States v. Gyan Parkash Syal
  963 F.2d 900· 6th Cir.· 1992-05-11 ·cited 4×
  The court held that the district court's failure to inform the defendant of the elements of the offense and the consequences of supervised release during the plea colloquy constituted a violation of Rule 11 that was not harmless error.
• Ventura v. Meachum
  957 F.2d 1048· 2d Cir.· 1992-02-26 ·cited 4×
  The district court erred by failing to defer to state court findings of fact regarding the effect of the Yamin letter on the petitioner's guilty plea.
• Dixon v. State
  593 So. 2d 1186· Fla. 2d DCA· 1992-02-14 ·cited 4×
  The court held that the trial court erred in denying the motion for postconviction relief as untimely, and that one claim regarding an attorney's promise warrants consideration on the merits.
• Washington v. State
  582 So. 2d 798· Fla. 1st DCA· 1991-07-18 ·cited 4×
• United States v. Colston
  936 F.2d 312· 7th Cir.· 1991-07-03 ·cited 4×
  The court held that inconsistencies in a witness's testimony do not automatically render it incredible, and a jury may accept parts of the testimony while rejecting others. The court also held that a guilty plea is valid for sentence enhancement if it is shown to be intelligent a
• Lopez-Nieves v. United States
  917 F.2d 645· 1st Cir.· 1990-10-29 ·cited 4×
  The court held that the appellant's claims of ineffective assistance of counsel and an invalid guilty plea lacked merit, and the district court properly denied his motion to vacate his sentence.
• Liss v. United States
  915 F.2d 287· 7th Cir.· 1990-10-04 ·cited 4×
  The court held that a defendant is not entitled to a hearing on a § 2255 motion if the claims are meritless or could have been raised on direct appeal without cause and prejudice.
• Micheaux v. Collins
  911 F.2d 1083· 5th Cir.· 1990-09-17 ·cited 4×
  The court held that a state court's finding that a petitioner would not have pleaded guilty if properly admonished is a factual finding entitled to a presumption of correctness under 28 U.S.C. § 2254(d), and that a federal court cannot disregard such findings by labeling them mix
• Ingrassia v. Armontrout
  902 F.2d 1368· 8th Cir.· 1990-05-15 ·cited 4×
  The court held that the district court properly applied the presumption of correctness to state court findings and that the petitioner's guilty plea was knowing, voluntary, and intelligent, and he received effective assistance of counsel.
• Hale v. A.L. Lockhart
  903 F.2d 545· 8th Cir.· 1990-05-10 ·cited 4×
  The court held that neither the delay in processing the habeas petition nor the alleged ineffective assistance of counsel or involuntary guilty plea warranted relief.
• Valdes v. State
  557 So. 2d 636· Fla. 3d DCA· 1990-02-27 ·cited 4×·via Knowing And Voluntary Plea
  The court held that a defendant's failure to appear for sentencing, as stipulated in a plea agreement, constitutes a clear and convincing reason for departure from sentencing guidelines.
• Smith v. State
  556 So. 2d 804· Fla. 2d DCA· 1990-02-14 ·cited 4×·via Involuntary Plea
  Smith appealed the summary denial of his motion for postconviction relief challenging the voluntariness of his guilty plea to escape. He alleged that his counsel misled him about the sentence he would receive and failed to advise him that he could be sentenced as a habitual offen