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

• Alexander v. State
  341 So. 2d 790· Fla. 2d DCA· 1977-01-12 ·cited 4×
  George Alexander, a minor at the time, was convicted of first degree murder and robbery after entering guilty pleas. On appeal from a habeas corpus petition, the Florida court upheld the murder conviction but reversed the robbery conviction due to failure to comply with statutory
• Garza v. United States
  530 F.2d 1208· 5th Cir.· 1976-04-30 ·cited 4×
  The court held that the petitioner's claims were frivolous and that the denial of his § 2255 relief was proper, allowing an out-of-time appeal.
• Scheller v. State
  327 So. 2d 876· Fla. 2d DCA· 1976-03-03 ·cited 4×
  The court reversed and remanded because the trial judge failed to conduct any colloquy regarding the voluntariness of the defendant's guilty plea as required by Rule 3.170(j) RCrP.
• Huffman v. State OF Mo.
  527 F.2d 899· 8th Cir.· 1976-01-21 ·cited 4×
  The court held that the petitioner's guilty plea was not rendered unintelligent by ineffective assistance of counsel, as counsel's investigation and advice were constitutionally adequate.
• Bright v. State
  317 So. 2d 864· Fla. 4th DCA· 1975-08-22 ·cited 4×
  Clara Mae Bright pleaded guilty to a misdemeanor after initially entering a not guilty plea to a second-degree felony for tormenting a child. The trial court failed to determine the factual basis for the plea as required by Rule 3.170(j), but the appellate court affirmed, finding
• Qualls v. State
  315 So. 2d 482· Fla. 4th DCA· 1975-07-11 ·cited 4×
  David Gary Qualls appealed the denial of his motion to withdraw a guilty plea to drug possession charges. The court affirmed the trial court's discretionary decision, holding that Qualls failed to demonstrate good cause for withdrawal where his guilty plea was voluntary and enter
• Speed v. United States
  518 F.2d 75· 8th Cir.· 1975-06-25 ·cited 4×
  The court held that the petitioners' claims lacked merit and affirmed the denial of habeas relief.
• Hopkins v. Park J. Anderson
  507 F.2d 530· 10th Cir.· 1974-12-16 ·cited 4×
  The court held that the pleas of guilty were knowingly, intelligently, and voluntarily made, despite the circumstances surrounding the plea bargain.
• Suggs v. State
  304 So. 2d 463· Fla. 2d DCA· 1974-12-11 ·cited 4×
  Appellant Suggs challenges his guilty plea to violating probation and the imposition of a jail condition as part of his modified probation sentence. The Florida District Court of Appeal affirmed the trial court's acceptance of the plea and the probation modification, finding no e
• Villarreal v. United States
  508 F.2d 1132· 9th Cir.· 1974-12-09 ·cited 4×
  The court held that the district court was correct in denying the motion to vacate the sentences and that the defendant was not entitled to be present at the evidentiary hearing.
• Forrens v. United States
  504 F.2d 65· 9th Cir.· 1974-10-01 ·cited 4×
• Hora v. State OF La.
  495 F.2d 1248· 5th Cir.· 1974-06-12 ·cited 4×
  The court held that the district court erred in denying the habeas corpus petition without a full inquiry into the circumstances surrounding the guilty pleas.
• Donnie Lynn Swanson v. Estelle
  492 F.2d 115· 5th Cir.· 1974-04-04 ·cited 4×·via Involuntary Plea
• DeGAGLIA v. Stack
  490 F.2d 472· 5th Cir.· 1974-03-06 ·cited 4×
  The court held that the state judge's comment about giving 'great weight' to the state's recommendation did not render the nolo contendere plea involuntary, and the claim regarding the maximum sentence was not exhausted in state courts.
• Pugh v. Louie L. Wainwright
  287 So. 2d 730· Fla. 1st DCA· 1974-01-15 ·cited 4×
  Leon Pugh challenges his guilty plea to second-degree murder, arguing the trial judge failed to advise him of his right to challenge the grand jury composition. The Florida appellate court affirms, holding that a defendant who enters a voluntary and intelligent guilty plea on cou
• Moore v. Swenson
  487 F.2d 1020· 8th Cir.· 1973-12-06 ·cited 4×
  The court held that the petitioner's guilty pleas were voluntarily made, even if entered to avoid the death penalty, and the state met its burden of proof regarding voluntariness.
• Dixon v. State
  287 So. 2d 698· Fla. 1st DCA· 1973-11-20 ·cited 4×·via Involuntary Plea
  Donald Dixon appealed his conviction based on a guilty plea to second-degree murder, arguing the trial court abused its discretion in denying his motion to withdraw the plea. The appellate court reversed, finding that Dixon's court-appointed public defender provided ineffective a
• Roberts v. United States
  486 F.2d 980· 5th Cir.· 1973-11-12 ·cited 4×
  The court held that a defendant is entitled to an evidentiary hearing on a Section 2255 motion alleging involuntary guilty pleas induced by counsel's false promises, even if the allegations seem improbable.
• United States v. Gonzalez-Hernandez
  481 F.2d 648· 5th Cir.· 1973-07-09 ·cited 4×
  The court held that while Rule 11 requirements were met, the record was inadequate to resolve the plea bargain dispute, necessitating an evidentiary hearing.
• Pettigrew v. United States
  480 F.2d 681· 6th Cir.· 1973-06-20 ·cited 4×
  The court held that a pre-McCarthy guilty plea requires a remand for an evidentiary hearing to determine if the defendant understood the consequences of his plea, as the trial court failed to inquire.
• Johnson v. United States
  480 F.2d 142· 5th Cir.· 1973-05-15 ·cited 4×·via Involuntary Plea
  Erroneous advice from counsel regarding potential maximum sentences does not render a guilty plea involuntary if the advice was within the range of competence required of attorneys.
• Yeargin v. State
  277 So. 2d 294· Fla. 4th DCA· 1973-05-10 ·cited 4×
  The court held that the trial court's thorough examination before accepting the guilty plea conclusively showed the appellant was not entitled to post-conviction relief.
• Elvin Emmett Moore v. Park J. Anderson
  474 F.2d 1118· 10th Cir.· 1973-03-16 ·cited 4×·via Knowing And Voluntary Plea
  The court held that the written plea form and accompanying questions were sufficient to establish a voluntary and knowing plea, even without a full transcript of oral advisement.
• Ochoa v. United States
  469 F.2d 86· 5th Cir.· 1972-11-03 ·cited 4×
  The court held that a motion to vacate a conviction based on a guilty plea, even if styled under § 2255, is properly denied if the conviction was not reliant on a presumption later invalidated by Supreme Court precedent, and the guilty plea was entered knowingly and voluntarily.
• United States v. Melendrez-Salas
  466 F.2d 861· 9th Cir.· 1972-09-22 ·cited 4×
  A trial judge is not required to accept a guilty plea, even if constitutionally valid, if the defendant maintains innocence.
• Anglin v. Caldwell
  465 F.2d 970· 5th Cir.· 1972-08-31 ·cited 4×
  The court held that the petitioner's guilty plea was entered voluntarily and knowingly, despite his claims of drug influence and misrepresentation.
• Ortega-Velasquez v. United States
  465 F.2d 419· 5th Cir.· 1972-08-28 ·cited 4×
  A guilty plea waives claims of illegal search and is valid even if the defendant misunderstands which statutes they were convicted under, as long as the plea itself was knowingly and intelligently made.
• United States v. Slatko
  462 F.2d 1169· 5th Cir.· 1972-07-20 ·cited 4×
  The court held that the defendant's guilty pleas were voluntary and not coerced, and the prosecution's decision to bring felony charges was not improperly influenced by the defendant's refusal to plead guilty to misdemeanor charges.
• United States v. Harvey
  463 F.2d 1022· 4th Cir.· 1972-07-12 ·cited 4×
  A district judge does not abuse discretion by denying a defendant's motion to withdraw a guilty plea before sentencing if the defendant's reasons do not outweigh potential government prejudice.
• Emilio Elisandro Ybarra v. United States
  461 F.2d 1195· 9th Cir.· 1972-06-14 ·cited 4×
  The court held that the district court did not err in denying an evidentiary hearing on the voluntariness of the guilty plea, as the record and applicable law at the time supported the plea's validity.
• Dorman v. State
  263 So. 2d 207· Fla.· 1972-06-07 ·cited 4×
  Dorman filed a habeas corpus petition challenging the constitutionality of his guilty plea to charges of sodomy with a child, alleging he was promised hospitalization rather than imprisonment if he pled guilty. The Florida Supreme Court granted relief and appointed a commissioner
• Kirlis v. State
  262 So. 2d 713· Fla. 2d DCA· 1972-05-24 ·cited 4×
  The court held that a plea entered under circumstances where the defendant was allegedly misled by counsel regarding sentencing consequences is not voluntary and must be set aside.
• Crossin v. State
  262 So. 2d 250· Fla. 4th DCA· 1972-05-12 ·cited 4×·via Involuntary Plea
  Joann Crossin pleaded nolo contendere to drug delivery charges pursuant to a plea agreement in which the prosecution promised to recommend probation. When the prosecutor failed to make this recommendation at sentencing, the appellate court reversed and remanded, holding that the
• Waymond Gene Small v. State OF Ariz. ex rel. Frank A. Eyman
  455 F.2d 456· 9th Cir.· 1972-02-15 ·cited 4×
  The district court correctly denied the habeas corpus petition because the state court proceedings were constitutionally sufficient and supported by the record.
• Lindsay v. United States
  453 F.2d 867· 3d Cir.· 1972-01-11 ·cited 4×·via Knowing And Voluntary Plea
  The court held that surrender to state authorities does not terminate federal custody, a guilty plea was knowing and voluntary, and a double jeopardy claim must first be raised in state court.
• Hendry v. Henderson
  447 F.2d 983· 5th Cir.· 1971-09-02 ·cited 4×·via Involuntary Plea
  The court held that a prisoner's allegations of an involuntary guilty plea due to ignorance of charges and consequences, if true, are grounds for habeas corpus relief.
• Farmer v. Beto
  446 F.2d 1357· 5th Cir.· 1971-08-16 ·cited 4×
  A voluntary guilty plea negates claims of ineffective assistance of counsel regarding the death penalty or failure to advise of appellate rights, absent specific prejudice.
• Cochran v. Norvell
  446 F.2d 61· 6th Cir.· 1971-08-13 ·cited 4×
  A guilty plea entered by a counseled defendant after a coerced confession is not invalid if the coercion's impact has dissipated and the plea was otherwise voluntary.
• Delbert R. Crosswhite v. Swenson
  444 F.2d 648· 8th Cir.· 1971-06-30 ·cited 4×·via Knowing And Voluntary Plea
  The federal court did not err in dismissing a habeas corpus petition without an evidentiary hearing, as the state courts had fully and fairly litigated the constitutional issues.
• Forrest Cummings Green v. Turner
  443 F.2d 832· 10th Cir.· 1971-06-07 ·cited 4×
  The court held that the rule established in Boykin v. Alabama should not be applied retroactively to arraignments that occurred prior to its decision.
• United States ex rel. Fred Carter v. Hon. J. Edwin LaVALLEE
  441 F.2d 620· 2d Cir.· 1971-04-14 ·cited 4×
  The court affirmed the denial of the habeas corpus petition, finding the appellant failed to prove reliance on a broken sentencing promise.
• United States v. Davis
  439 F.2d 325· 8th Cir.· 1971-03-26 ·cited 4×
  A guilty plea is voluntary even if induced by fear of a harsher sentence, provided the defendant understands the charges and potential consequences.
• Rodeheaver v. Louie L. Wainwright
  245 So. 2d 633· Fla. 1st DCA· 1971-03-18 ·cited 4×·via Knowing And Voluntary Plea
  Habeas corpus petition to set aside a guilty plea from 1965 is denied because Boykin v. Alabama, which requires disclosure of voluntary and understanding guilty pleas, does not apply retroactively to pre-1969 pleas.
• Walker v. Smith
  439 F.2d 392· 5th Cir.· 1971-03-04 ·cited 4×
  The court held that the district court erred in denying federal habeas corpus relief without a hearing, as the record did not support a finding of deliberate bypass of state appellate remedies or an adequate state hearing.
• Anderson v. Henderson
  439 F.2d 711· 5th Cir.· 1971-03-04 ·cited 4×
  A guilty plea entered after reliance on competent counsel's advice is considered voluntary and cannot be challenged as coerced.
• Hillaire v. United States
  438 F.2d 128· 5th Cir.· 1971-02-03 ·cited 4×
  A guilty plea waives all non-jurisdictional issues, including challenges to statutory presumptions later found unconstitutional.
• Holt v. United States
  435 F.2d 1278· 10th Cir.· 1970-12-22 ·cited 4×
  The court held that the record affirmatively showed the nolo contendere plea was voluntarily and understandingly made, despite the district court's failure to strictly comply with Rule 11.
• Streets v. Louie L. Wainwright
  436 F.2d 962· 5th Cir.· 1970-12-11 ·cited 4×
  A guilty plea stands if entered by one aware of consequences, unless induced by threats, misrepresentation, or improper promises.
• Larson v. Swenson
  425 F.2d 1076· 8th Cir.· 1970-05-13 ·cited 4×
  The court held that a state prisoner must exhaust available state remedies before seeking federal habeas corpus relief.
• Alvereze v. United States
  427 F.2d 1150· 5th Cir.· 1970-05-11 ·cited 4×·via Knowing And Voluntary Plea