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

• United States v. Stephens
  425 F.2d 247· 10th Cir.· 1970-05-04 ·cited 4×
  The court affirmed the denial of the motion, finding it to be a successive application raising no new grounds for relief.
• McDONALD v. United States
  428 F.2d 447· 5th Cir.· 1970-04-20 ·cited 4×
  The court held that the denial of the motion to vacate the sentence was proper because the defendant received an evidentiary hearing and the McCarthy rule, which requires setting aside pleas not in compliance with Rule 11, applies prospectively.
• United States ex rel. Sherman Walters H-2301 v. Rundle
  424 F.2d 488· 3d Cir.· 1970-04-13 ·cited 4×·via Knowing And Voluntary Plea
  The court held that the denial of direct appellate review was not prejudicial because the Pennsylvania Post-Conviction Hearing Act provided adequate relief.
• Young v. United States
  423 F.2d 677· 8th Cir.· 1970-03-20 ·cited 4×
  The court held that the district court did not err in denying appellant Young's motion to vacate his convictions and sentences without a hearing.
• Tucker v. United States
  423 F.2d 655· 6th Cir.· 1970-03-18 ·cited 4×
  The court held that the district court did not err in denying the motion to vacate sentence without an evidentiary hearing.
• Semet v. United States
  422 F.2d 1269· 10th Cir.· 1970-03-17 ·cited 4×
  The court held that a defendant's claim that the weapon used in a postal robbery was incapable of inflicting grievous bodily harm does not warrant a hearing under 28 U.S.C. § 2255 when the claim is not supported by evidence outside the existing record and the defendant previously
• White v. Gnann
  422 F.2d 1306· 5th Cir.· 1970-02-19 ·cited 4×·via Knowing And Voluntary Plea
  The court held that a guilty plea entered voluntarily and understandingly waives all prior non-jurisdictional defects, and affirmed the denial of habeas corpus relief.
• Lopez v. State
  227 So. 2d 694· Fla. 3d DCA· 1969-11-04 ·cited 4×
  Felix Lopez was charged with first-degree murder and initially pleaded not guilty, but withdrew that plea and entered a guilty plea after the first day of jury selection. When his co-defendant was acquitted, Lopez sought to withdraw his guilty plea but the trial court denied the
• Williams v. Louie L. Wainwright
  415 F.2d 1136· 5th Cir.· 1969-09-18 ·cited 4×
  The court held that the district court's finding that the guilty plea was voluntary and entered with effective counsel was supported by the record.
• Dawson v. State
  224 So. 2d 388· Fla. 2d DCA· 1969-05-28 ·cited 4×
  The court held that the record conclusively showed the guilty pleas were voluntarily made and not coerced.
• ORR v. United States
  408 F.2d 1011· 6th Cir.· 1969-04-02 ·cited 4×
  The court held that the district court did not err in denying the motion for relief under 28 U.S.C. § 2255, as the appellant was not entitled to have his sentence vacated.
• Pike v. United States
  409 F.2d 499· 5th Cir.· 1969-03-28 ·cited 4×
  The court held that a motion to vacate a conviction under 28 U.S.C. § 2255 requires an evidentiary hearing when the allegations of coercion are not conclusively refuted by the files and records.
• French v. United States
  408 F.2d 1027· 5th Cir.· 1969-03-18 ·cited 4×
  A defendant need not be informed of all lesser included offenses or collateral consequences before entering a guilty plea.
• United States v. Howard
  407 F.2d 1102· 4th Cir.· 1969-03-06 ·cited 4×
  A district judge's failure to adequately inquire into the voluntariness of a guilty plea and inform the defendant of potential penalties constitutes a violation of Rule 11, requiring remand for a hearing.
• Townes v. Peyton
  404 F.2d 456· 4th Cir.· 1968-11-22 ·cited 4×
  A defendant's subjective belief of systemic racial discrimination is insufficient to invalidate a guilty plea without objective evidence supporting that belief.
• United States ex rel. William Sanders v. Maroney
  397 F.2d 267· 3d Cir.· 1968-06-27 ·cited 4×·via Involuntary Plea
  The court held that a federal court must determine if state remedies are exhausted before dismissing a habeas corpus petition without a hearing, especially when allegations of coerced confession and involuntary plea are raised.
• Hagans v. State
  212 So. 2d 79· Fla. 1st DCA· 1968-06-20 ·cited 4×
  The court held that the appellant's guilty plea was knowingly, intelligently, and voluntarily made.
• Bright v. Rhay
  391 F.2d 915· 9th Cir.· 1968-04-26 ·cited 4×·via Involuntary Plea
  The court held that a guilty plea induced by threats of introducing illegally obtained evidence or habitual criminal charges may be attacked via habeas corpus.
• United States ex rel. Calvin Manning v. Brierley
  392 F.2d 197· 3d Cir.· 1968-04-01 ·cited 4×
  The court held that the district court did not abuse its discretion in refusing to appoint counsel for the indigent state prisoner in his habeas corpus proceeding.
• Grindstaff v. Bennett
  389 F.2d 55· 8th Cir.· 1968-02-05 ·cited 4×
  A federal court must grant an evidentiary hearing on a habeas corpus petition if the merits of the factual dispute were not resolved in the state hearing.
• Haacks v. Louie L. Wainwright
  387 F.2d 176· 5th Cir.· 1968-01-03 ·cited 4×
  A conviction based on an involuntary plea, including one entered through ignorance or inadvertence, is invalid as a denial of due process.
• Allen v. United States
  384 F.2d 926· 5th Cir.· 1967-11-07 ·cited 4×
  The court held that the district court did not err in denying relief on a petition to vacate judgment.
• Dovico v. State
  199 So. 2d 308· Fla. 4th DCA· 1967-06-02 ·cited 4×
  Dovico appeals the trial court's denial of his petition to vacate a guilty plea conviction, arguing he was denied effective counsel when questioned before his attorney was appointed, resulting in incriminating statements. The appellate court affirmed the trial court's denial, fin
• Smith v. United States
  378 F.2d 296· 5th Cir.· 1967-05-31 ·cited 4×
  The court held that the guilty plea was entered voluntarily with understanding of the charges and that the district court did not abuse its discretion in denying the motion to withdraw the plea.
• Moore v. Rodriguez
  376 F.2d 817· 10th Cir.· 1967-05-02 ·cited 4×·via Involuntary Plea
  A voluntary guilty plea waives all non-jurisdictional defenses, and a sentence following such a plea is the result of the plea, not prior evidence.
• Gibson v. State
  196 So. 2d 188· Fla. 2d DCA· 1967-03-10 ·cited 4×
  An appeal from a judgment entered on a guilty plea is quashed when the plea was entered voluntarily and with full understanding of the consequences.
• Smith v. Wilson
  373 F.2d 504· 9th Cir.· 1967-02-13 ·cited 4×
  A guilty plea is intelligent and informed even if induced by the threat of a severe penalty, provided the defendant was aware of the facts and potential consequences and was represented by competent counsel.
• Allen v. Rodriguez
  372 F.2d 116· 10th Cir.· 1967-01-19 ·cited 4×
  The court held that the appellant's guilty plea was voluntary and he received adequate representation from his court-appointed counsel.
• Laurence E. Boseant, Jr. v. Fitzharris
  370 F.2d 105· 9th Cir.· 1966-12-16 ·cited 4×
  The court held that the appeal from the denial of a petition for habeas corpus should not be dismissed, but the judgment denying the petition should be affirmed.
• Cochran v. United States
  365 F.2d 310· 6th Cir.· 1966-08-30 ·cited 4×
  The court held that a district judge's determination that a guilty plea was voluntary and understood, based on the entire proceeding, satisfies Rule 11, even if not explicitly framed in the rule's exact language.
• Carvin Clayton v. State
  188 So. 2d 395· Fla. 3d DCA· 1966-06-28 ·cited 4×
  Clayton appealed his felony conviction under Florida Statute § 398.03 as a second offender, but the Third District Court of Appeal affirmed because his guilty plea was knowing and voluntary, and contentions about evidence presented at trial were not appealable after a guilty plea
• Caldwell v. Maxwell
  357 F.2d 646· 6th Cir.· 1966-03-24 ·cited 4×
  The court held that the appellant's habeas corpus application was properly denied because the record did not show his guilty plea was involuntarily entered.
• Melnick v. United States
  356 F.2d 493· 9th Cir.· 1966-02-08 ·cited 4×
  The court held that the appellant's motion to withdraw his guilty plea was properly denied because the plea was entered freely and voluntarily, with competent counsel's assistance.
• Childress v. State
  181 So. 2d 655· Fla. 1st DCA· 1966-01-13 ·cited 4×
  The appellate court affirmed the denial of a motion to vacate judgments and sentences, finding that the defendant was represented by counsel and that his guilty pleas were voluntary. The court relied on prior case law establishing that such representation and voluntary pleas prec
• McMILLAN v. State
  177 So. 2d 68· Fla. 2d DCA· 1965-06-16 ·cited 4×
  A trial court's discretionary denial of a motion to withdraw a guilty plea is affirmed when the defendant fails to sustain his allegations by competent and believable testimony, and credibility determinations rest with the trial court.
• United States v. Farrar
  346 F.2d 375· 7th Cir.· 1965-06-01 ·cited 4×·via Knowing And Voluntary Plea
  A voluntary and understanding guilty plea is conclusive and waives prior irregularities, including claims of illegal arrest, detention, or coerced confession.
• Montgomery v. United States
  344 F.2d 955· 10th Cir.· 1965-05-03 ·cited 4×
  The court held that a motion to vacate a sentence under 28 U.S.C. § 2255 was properly denied because the plea was voluntary, allocution was not denied, and the sentencing judge's remarks did not violate due process.
• Hobbs v. United States
  340 F.2d 848· 7th Cir.· 1965-01-18 ·cited 4×
  The court held that the district court did not err in denying the petitioner's motion to vacate his guilty plea, finding the plea to be voluntary and competent.
• Vicory v. Taylor
  338 F.2d 954· 10th Cir.· 1964-12-08 ·cited 4×
  Appellants are entitled to an evidentiary hearing on the voluntariness of their guilty pleas, as the record does not conclusively refute their allegations of coercion.
• Berry v. United States
  338 F.2d 605· 7th Cir.· 1964-11-12 ·cited 4×
  The court held that the district court's findings of fact were not clearly erroneous and were based on substantial evidence and credibility determinations.
• Lovedahl v. State OF N.C.
  338 F.2d 512· 4th Cir.· 1964-11-12 ·cited 4×
  The court held that the district court should inquire further into the petitioner's mental competency at the time of his guilty plea, despite prior habeas corpus denials, due to lingering doubts and relevant background facts.
• Smith v. United States
  321 F.2d 954· 9th Cir.· 1963-08-16 ·cited 4×
  The court held that a guilty plea to federal narcotics charges must be set aside when the sentence was based on a misunderstanding of mandatory minimums and the defendant was not given an opportunity to withdraw the plea after the error was discovered.
• Leamon Victor Burgess v. United States
  319 F.2d 345· 9th Cir.· 1963-06-24 ·cited 4×
  The court held that the district court erred in denying the appellant's motion to vacate his sentence without a hearing, as the record did not conclusively show he was entitled to no relief.
• Trimier v. United States
  295 F.2d 237· 8th Cir.· 1961-10-19 ·cited 4×
  Statements by a deputy marshal and attorney expressing personal opinions about sentencing do not constitute grounds for vacating a guilty plea under 28 U.S.C.A. § 2255.
• McGUIRE v. United States
  289 F.2d 405· 9th Cir.· 1961-04-21 ·cited 4×
  The court held that the district court erred in denying the motion to vacate sentence without a hearing, as the record did not conclusively show the prisoner was entitled to no relief.
• United States v. la Clair
  285 F.2d 696· 7th Cir.· 1960-12-28 ·cited 4×
  The court held that the district court did not err in summarily denying the defendant's motion to vacate his sentence without a hearing, as the record conclusively showed he was entitled to no relief.
• Jones v. United States
  279 F.2d 652· 9th Cir.· 1960-06-07 ·cited 4×
  The court held that the district court properly entertained the motion to vacate the sentence on the merits and that the defendant's plea of guilty was voluntary.
• Dewey v. United States
  268 F.2d 124· 8th Cir.· 1959-06-29 ·cited 4×
  The court held that a defendant's guilty plea, entered with advice of competent counsel and understanding of the charges and consequences, is valid and cannot be withdrawn absent an abuse of discretion.
• United States v. Smith
  257 F.2d 432· 2d Cir.· 1958-07-24 ·cited 4×
  The court held that a defendant's motion to vacate a guilty plea based on alleged coercion is insufficient when contradicted by solemn admissions made in open court.
• McCALL v. United States
  256 F.2d 936· 4th Cir.· 1958-06-12 ·cited 4×
  The court held that the defendant's guilty plea was validly accepted, as the record demonstrated he understood the nature of the charge and the plea was voluntary, despite the trial court's potentially insufficient explicit inquiry.