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

• Strong v. State
  555 So. 2d 950· Fla. 1st DCA· 1990-01-18 ·cited 4×
  Appellant's appeal challenging the voluntariness of his nolo contendere plea was dismissed because he failed to raise the issue in the trial court through a motion to withdraw the plea or post-conviction relief motion before appealing.
• Caesar Harmason v. Smith
  888 F.2d 1527· 5th Cir.· 1989-12-01 ·cited 4×·via Knowing And Voluntary Plea
  A guilty plea is not rendered involuntary by an attorney's prediction of a lesser sentence if the defendant affirms in open court that no promises were made and understands the potential maximum sentence.
• Carroll E. Harrison v. Warden, Maryland Penitentiary
  890 F.2d 676· 4th Cir.· 1989-11-24 ·cited 4×
  The court held that the appellant understood the nature of the charges against him when he pled guilty, and that his guilty plea was voluntary. The court also declined to address the issue of the trial judge's passion as it was not raised below.
• United States v. Umberto Pitino
  887 F.2d 42· 4th Cir.· 1989-10-03 ·cited 4×·via Knowing And Voluntary Plea
  The court held that the district judge did not abuse his discretion in refusing to allow the appellant to withdraw his guilty plea, as the appellant failed to show a fair and just reason for withdrawal.
• United States v. ANT
  882 F.2d 1389· 9th Cir.· 1989-07-27 ·cited 4×
  The court held that a guilty plea entered in tribal court, which complied with tribal law and the Indian Civil Rights Act (ICRA), should not be suppressed in federal court.
• Dung Thai Tran v. A.L. Lockhart
  849 F.2d 1064· 8th Cir.· 1988-06-13 ·cited 4×
  The dissenting judge would vacate the judgment dismissing the writ and remand for an evidentiary hearing.
• Catarino Gonzales, Jr. v. Grammer
  848 F.2d 894· 8th Cir.· 1988-06-07 ·cited 4×
  The court held that the prior guilty pleas were not entered in accord with due process, as the defendant was not sufficiently informed of his constitutional rights to make an intelligent choice.
• Stamps v. Rees
  834 F.2d 1269· 6th Cir.· 1987-12-07 ·cited 4×
  The court held that the petitioner's claims of insufficient evidence for his persistent felony offender conviction, the trial court's failure to conduct an on-the-record inquiry into the voluntariness of a de facto guilty plea, and ineffective assistance of counsel were without m
• United States v. Triplett
  828 F.2d 1195· 6th Cir.· 1987-09-21 ·cited 4×
  A defendant must show a fair and just reason for withdrawing a nolo contendere plea before sentencing; the government's prejudice need not be shown if the defendant's reasons are insufficient. An evidentiary hearing is not required if the proffered reasons do not raise factual is
• Carter v. Lynaugh
  826 F.2d 408· 5th Cir.· 1987-09-10 ·cited 4×·via Knowing And Voluntary Plea
  The court held that the inmate failed to demonstrate prejudice, a prerequisite for habeas relief, even if his guilty plea was not knowing and voluntary or his counsel was ineffective.
• Webb v. Black
  826 F.2d 769· 8th Cir.· 1987-08-18 ·cited 4×
  The court held that the district court correctly denied the habeas corpus petition because the petitioner failed to overcome the presumption of verity attached to his guilty plea and state court findings.
• McCONNELL v. State
  513 So. 2d 1077· Fla. 2d DCA· 1987-07-31 ·cited 4×
• Casseus v. State
  508 So. 2d 1251· Fla. 3d DCA· 1987-02-24 ·cited 4×·via Involuntary Plea
• McKELVIN v. State
  497 So. 2d 951· Fla. 1st DCA· 1986-11-17 ·cited 4×
• United States v. Willis
  804 F.2d 961· 6th Cir.· 1986-11-07 ·cited 4×
  The court held that the defendant's claims regarding ineffective assistance of counsel, involuntary plea, and withdrawal of plea were not properly before the court on appeal from a Rule 35 motion denial, as they constituted a collateral attack on the conviction itself.
• United States v. Oldham
  787 F.2d 454· 8th Cir.· 1986-04-03 ·cited 4×
  The court held that the district court did not err in denying the defendant's motions for post-conviction relief and that the United States did not breach the plea agreement.
• United States v. Martinez
  785 F.2d 111· 3d Cir.· 1986-03-10 ·cited 4×
  The court held that the district court did not abuse its discretion in denying the defendant's motion to withdraw his guilty plea.
• Abelino Rodriguez v. Ricketts
  777 F.2d 527· 9th Cir.· 1985-12-02 ·cited 4×
  The court held that the Due Process Clause does not require state courts to establish a factual basis for a guilty plea absent special circumstances, and that no conflict of interest affected the adequacy of appellate representation.
• Corcoran v. Wyrick
  757 F.2d 207· 8th Cir.· 1985-03-18 ·cited 4×
  The court held that a state court's factual finding regarding a habeas petitioner's understanding of potential punishment is presumed correct under 28 U.S.C. § 2254(d), and an erroneous statement by the sentencing judge does not invalidate a guilty plea if the petitioner was othe
• Powell v. State
  464 So. 2d 1319· Fla. 1st DCA· 1985-03-13 ·cited 4×·via Involuntary Plea
• Ford v. Ford
  749 F.2d 681· 11th Cir.· 1985-01-02 ·cited 4×
  The court held that an actual conflict of interest existed due to dual representation of co-defendants with divergent interests, violating the Sixth Amendment right to effective assistance of counsel.
• Summers v. State
  463 So. 2d 311· Fla. 1st DCA· 1984-12-19 ·cited 4×
  The court held that despite some miscommunication and an initial oversight by the trial court, the appellant's guilty plea was voluntary and not rendered ineffective by counsel's performance.
• Oatsvall v. State
  453 So. 2d 147· Fla. 1st DCA· 1984-07-13 ·cited 4×·via Involuntary Plea
• Haynes v. State
  451 So. 2d 1043· Fla. 1st DCA· 1984-06-26 ·cited 4×
  Florida appellate court reversed summary denial of post-conviction relief motion where defendant alleged his nolo contendere plea was coerced by his public defender and entered without adequate explanation or effective assistance of counsel.
• Blaine Everett v. State
  442 So. 2d 407· Fla. 2d DCA· 1983-12-16 ·cited 4×·via Voluntary And Intelligent Guilty Plea
  Blaine Everett appeals from his conviction based on nolo contendere pleas and the sentences imposed. The court affirms, finding that while the sentences may have exceeded the plea agreement cap, Everett failed to raise objections in the trial court, precluding appellate review of
• Donnie L. Sloan v. W.J. Estelle, Jr.
  710 F.2d 229· 5th Cir.· 1983-07-28 ·cited 4×
  The court held that the petitioner's guilty pleas were voluntary and that the trial court did not err in failing to sua sponte order a competency hearing.
• Gano v. United States
  705 F.2d 1136· 9th Cir.· 1983-05-10 ·cited 4×
  A section 2255 motion need not be presented to the original sentencing judge if that judge is unavailable, and a guilty plea is not coerced by a judge's statement at arraignment if the defendant later makes a calculated decision to plead guilty.
• Baker v. State
  427 So. 2d 1141· Fla. 2d DCA· 1983-03-16 ·cited 4×
  The court affirmed the trial court's denial of a Rule 3.850 motion to withdraw a guilty plea, finding that conflicting evidence regarding the defendant's mental competency at the time of plea did not constitute an abuse of discretion.
• Bronson Howard Knight v. Johnson
  699 F.2d 162· 4th Cir.· 1983-01-20 ·cited 4×·via Voluntary And Intelligent Guilty Plea
  The court held that the state trial court's procedure of accepting guilty pleas under protest and then proceeding to hear evidence to determine guilt did not violate due process or the right to effective assistance of counsel.
• Scott v. State
  423 So. 2d 978· Fla. 1st DCA· 1982-12-08 ·cited 4×·via Involuntary Plea
• Brown v. State
  418 So. 2d 464· Fla. 4th DCA· 1982-08-25 ·cited 4×
  The court held that allegations concerning matters preceding a plea are foreclosed by the plea, but allegations concerning the voluntary nature of the plea are cognizable.
• Howard v. State
  417 So. 2d 1152· Fla. 1st DCA· 1982-08-11 ·cited 4×·via Involuntary Plea
• Martinez v. State
  417 So. 2d 770· Fla. 2d DCA· 1982-07-30 ·cited 4×
• Thompson v. Scurr
  668 F.2d 999· 8th Cir.· 1982-01-25 ·cited 4×
  The court affirmed the denial of the habeas corpus petition, finding no constitutional violations and that counsel was not ineffective.
• Bentford Earl Starling, Jr. v. Estelle
  651 F.2d 1082· 5th Cir.· 1981-07-27 ·cited 4×·via Knowing And Voluntary Plea
  The court held that a guilty plea is not rendered involuntary solely because it was entered to limit the maximum sentence or avoid a possible death penalty, and that a competency hearing is only required if evidence raises a bona fide doubt.
• Rennie Johnson v. Fogg
  653 F.2d 750· 2d Cir.· 1981-07-14 ·cited 4×
  The dissenting judge believes the case should be remanded for an evidentiary hearing to determine if the guilty plea was based on a mistaken belief about the maximum sentence.
• United States v. Rosario
  638 F.2d 460· 2d Cir.· 1980-11-03 ·cited 4×
  The court held that the arrest was constitutional, the search of the apartment was consensual, and the guilty plea was knowing and voluntary.
• United States v. Jackson
  627 F.2d 883· 8th Cir.· 1980-08-22 ·cited 4×·via Voluntary And Intelligent Guilty Plea
  The court held that the trial court's failure to explicitly inform the defendant that it could not order concurrent state and federal sentences, and its variations from a verbatim recitation of Rule 11 rights, did not invalidate the guilty plea as the defendant was otherwise adeq
• McGUIRK v. Fair
  622 F.2d 597· 1st Cir.· 1980-06-19 ·cited 4×
  A guilty plea is voluntary if the defendant received 'real notice' of the offense, even if not all technical elements were explicitly explained by the judge.
• United States v. Cermark
  622 F.2d 1049· 1st Cir.· 1980-06-03 ·cited 4×
  The court held that the appellant's claims of involuntary guilty plea due to attorney's erroneous parole advice were factually unsupported and thus denied his motion to vacate sentence.
• Saxon v. State
  384 So. 2d 35· Fla. 5th DCA· 1980-04-30 ·cited 4×
• United States v. Ulano
  614 F.2d 1257· 9th Cir.· 1980-03-10 ·cited 4×
  The court affirmed the denial of Ulano's motion to withdraw his guilty plea and the sentence imposed, finding his arguments to be without merit.
• Lepera v. United States
  587 F.2d 433· 9th Cir.· 1978-12-06 ·cited 4×·via Involuntary Plea
  The court held that the district court's error in accepting a guilty plea without proper Rule 11 advisement did not warrant relief under 28 U.S.C. § 2255 because the error was corrected and the defendant suffered no prejudice.
• Giles v. State
  363 So. 2d 164· Fla. 3d DCA· 1978-10-10 ·cited 4×·via Knowing And Voluntary Plea
  Samuel Giles appealed the denial of his motion to vacate a guilty plea, claiming his public defender misrepresented his defense and misled him regarding his chances at trial. The appellate court reversed, holding that Giles' sworn allegations stated sufficient grounds for relief
• Trombley v. Anderson
  584 F.2d 807· 6th Cir.· 1978-10-06 ·cited 4×
  A guilty plea breaks the chain of prior constitutional claims, and the record supports the finding of premeditation and effective assistance of counsel.
• Raetzsch v. United States
  575 F.2d 549· 5th Cir.· 1978-06-21 ·cited 4×
  A guilty plea entered while under the influence of methadone, administered in a controlled dosage program, is not rendered involuntary if the defendant understands the proceedings.
• Bryant v. State
  355 So. 2d 497· Fla. 1st DCA· 1978-03-01 ·cited 4×
  Appellant challenges guilty plea convictions for three counts of petit larceny, alleging his court-appointed attorney coerced him into pleading guilty by misrepresenting that sentences would run concurrently with an unrelated sentence. The appellate court remanded for the trial c
• United States v. Cowin
  565 F.2d 548· 8th Cir.· 1977-11-30 ·cited 4×
  The court held that the district court did not err in denying the motion to vacate the sentence without an evidentiary hearing because the record conclusively showed the prisoner was entitled to no relief.
• Lovelace v. Louie L. Wainwright
  352 So. 2d 907· Fla. 1st DCA· 1977-11-23 ·cited 4×
  Defendant Lovelace challenged his conviction based on a bare allegation that his guilty plea was entered involuntarily and unknowingly, five and a half years after sentencing. The appellate court affirmed, holding that a defendant seeking to challenge plea voluntariness on direct
• Gaines v. Ricketts
  554 F.2d 1346· 5th Cir.· 1977-06-30 ·cited 4×·via Involuntary Plea
  The court held that a federal habeas corpus petitioner's claims of an involuntary guilty plea, ineffective assistance of counsel, and improper sentencing were without merit.