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. Hill
  240 F.2d 680· 7th Cir.· 1957-02-06 ·cited 4×
  The court held that the defendant's constitutional rights were not violated and his sentence was not subject to collateral attack.
• Colbert v. United States
  202 F.2d 793· 8th Cir.· 1953-04-03 ·cited 4×
  The court held that the district court was justified in finding that the defendant voluntarily and understandingly entered his plea of guilty.
• Roscoe v. United States
  148 F.2d 333· 6th Cir.· 1945-04-06 ·cited 4×
  The court held that a guilty plea entered in open court, after understanding the charges and waiving counsel, is valid even if a confession was illegally obtained, as long as the confession was not used as evidence.
• Widmer v. Johnston
  136 F.2d 416· 9th Cir.· 1943-06-11 ·cited 4×
  The court affirmed the denial of the writ of habeas corpus, finding that the appellant was not denied his constitutional right to counsel and that his guilty pleas were voluntary.
• Minix v. State
  259 So. 3d 927· Fla. 5th DCA· 2018-11-16 ·cited 3×·via Involuntary Plea
  A trial attorney's failure to investigate a specific factual defense such as prescription, which was not discussed during the plea colloquy, constitutes a facially sufficient attack on a conviction and entitles a defendant to amend a rule 3.850 motion to allege the requisite prej
• Darold Motley Tibbetts v. State
  251 So. 3d 198· Fla. 4th DCA· 2018-07-18 ·cited 3×
  A defendant convicted of second-degree murder through a guilty plea sought to withdraw his plea based on newly discovered evidence that a hair comparison analysis used against him may have been scientifically unreliable. The circuit court summarily denied the motion without an ev
• Johnson v. State
  225 So. 3d 930· Fla. 3d DCA· 2017-08-16 ·cited 3×
  Anthony Johnson appeals the denial of his motion for post-conviction relief challenging the voluntariness of his plea agreement. Johnson argues the trial court failed to adequately advise him that his state and federal sentences might be served consecutively if the concurrent sen
• Issac G. Sanchez v. State
  210 So. 3d 252· Fla. 2d DCA· 2017-02-10 ·cited 3×·via Involuntary Plea
  Issac Sanchez appealed the summary denial of his Rule 3.850 motion for postconviction relief raising ineffective assistance of trial counsel claims. The court affirmed the denial of grounds one and two but reversed the denial of grounds three and four, which alleged counsel faile
• Davis v. State
  187 So. 3d 1284· Fla. 1st DCA· 2016-04-12 ·cited 3×·via Voluntary And Intelligent Guilty Plea
• Rogero Wright v. State
  174 So. 3d 400· Fla. 4th DCA· 2015-06-24 ·cited 3×
  Rogero Wright appeals denial of post-conviction relief from his guilty plea, arguing the plea was involuntary because his sentencing scoresheet contained errors affecting the minimum sentence calculation. The Fourth District affirmed, holding that because Wright knew of the score
• Storey v. State
  139 So. 3d 448· Fla. 2d DCA· 2014-05-28 ·cited 3×
  Bernard Storey appeals the denial of his motion to withdraw a guilty plea to a probation violation, arguing he was mentally incompetent when he entered the plea. The appellate court reverses, finding the trial court unreasonably rejected expert testimony that Storey was incompete
• Davis v. State
  126 So. 3d 1257· Fla. 2d DCA· 2013-11-15 ·cited 3×·via Involuntary Plea
  Marcus Davis appealed his convictions for drug trafficking and related offenses, challenging the trial court's denial of his motion to withdraw his guilty plea. The appellate court affirmed the convictions but reversed and remanded because the trial court should have held an evid
• Delbert G. Hall v. State
  72 So. 3d 290· Fla. 4th DCA· 2011-10-19 ·cited 3×·via Involuntary Plea
  Hall appeals the trial court's summary denial of his pro se motion to withdraw his guilty plea after sentencing. The court holds that Hall is entitled to a limited evidentiary hearing to determine whether an adversarial relationship with his attorney existed before the trial cour
• Carter v. State
  67 So. 3d 242· Fla. 2d DCA· 2010-11-10 ·cited 3×·via Involuntary Plea
  The court held that a defendant's claim that his plea was involuntary due to counsel's misrepresentation about concurrent sentencing is facially sufficient and warrants an evidentiary hearing.
• State v. S.S.
  40 So. 3d 6· Fla. 4th DCA· 2010-06-16 ·cited 3×·via Involuntary Plea
  The State appealed a trial court order vacating a juvenile's no-contest plea and setting aside her judgment and sentence. The appellate court found it lacked statutory jurisdiction to hear the State's direct appeal but treated it as a petition for writ of certiorari, which it den
• Piper v. State
  21 So. 3d 902· Fla. 2d DCA· 2009-11-06 ·cited 3×·via Involuntary Plea
  Kevin Piper appeals the denial of his postconviction motion for ineffective assistance of counsel, claiming his plea was involuntary because counsel coerced him into accepting a guilty plea by demanding a $3,000 advance payment for trial and threatening vindictive sentencing. The
• Smith v. State
  968 So. 2d 675· Fla. 4th DCA· 2007-11-14 ·cited 3×·via Involuntary Plea
  The court held that the trial court erred in summarily denying relief on grounds that the defendant's pleas were involuntary due to counsel's misadvice, as the plea transcripts did not conclusively refute these claims. The court also reversed the denial of relief on the fourth gr
• Rios v. State
  958 So. 2d 1080· Fla. 1st DCA· 2007-06-18 ·cited 3×
  Appellant challenged her probation violation judgment and seven-year sentence, claiming her trial counsel's conflict of interest prevented fair consideration of her post-sentencing request for sentence reduction based on medical conditions and language barriers. The court reverse
• Adlington v. State
  931 So. 2d 1040· Fla. 4th DCA· 2006-06-21 ·cited 3×·via Involuntary Plea
  Phillip Gene Adlington appealed the summary denial of his motions to correct an illegal sentence under Florida Rule of Criminal Procedure 3.800(a) and for post-conviction relief under Rule 3.850. The Fourth District Court of Appeal affirmed the denial of most claims but reversed
• Kelly v. State
  907 So. 2d 550· Fla. 3d DCA· 2005-06-22 ·cited 3×·via Involuntary Plea
  Michael Kelly appeals the denial of his motion to withdraw a guilty plea to strong-arm robbery, claiming his attorney misadvised him about how the plea would affect his separate Broward County convictions. The Third District Court of Appeal affirmed the denial, finding the motion
• Chavez v. State
  899 So. 2d 430· Fla. 3d DCA· 2005-04-06 ·cited 3×
  Eduardo Chavez appealed the denial of his motion for post-conviction relief challenging his 1997 guilty plea to cocaine possession, claiming the interpreter failed to translate the trial court's warning about adverse immigration consequences. The appellate court affirmed the deni
• Thadius Stinson v. State
  839 So. 2d 906· Fla. 5th DCA· 2003-03-14 ·cited 3×
  Thadius Stinson appeals the denial of his motion to withdraw his guilty plea to robbery with a weapon, claiming the plea was involuntary due to duress. The court affirmed, holding that a plea agreement conditioning leniency for a co-defendant (Stinson's brother) on the defendant'
• Lane v. State
  839 So. 2d 854· Fla. 1st DCA· 2003-03-10 ·cited 3×·via Involuntary Plea
  Eric Lane appealed the denial of a post-conviction motion under Florida Rule of Criminal Procedure 3.850, claiming his plea was involuntary due to lack of knowledge of the statutory maximum penalty and that his counsel was ineffective for failing to withdraw the plea. The court r
• Traniello v. State
  810 So. 2d 1041· Fla. 2d DCA· 2002-03-13 ·cited 3×
  The court held that a letter to the judge is insufficient to challenge the voluntariness of a plea on direct appeal without a motion to withdraw the plea.
• A.P. v. State
  730 So. 2d 425· Fla. 5th DCA· 1999-04-30 ·cited 3×·via Knowing And Voluntary Plea
  The court held that a juvenile's guilty plea is invalid if the trial court fails to advise the juvenile of their right to appointed counsel.
• Williams v. State
  710 So. 2d 85· Fla. 5th DCA· 1998-04-09 ·cited 3×·via Involuntary Plea
  David Lee Williams appealed the summary denial of his motion to withdraw a guilty plea for cocaine trafficking, claiming his plea was involuntary because he was promised concurrent sentencing with his federal sentence but did not receive it. The court affirmed the denial, holding
• Kimbrough v. State
  694 So. 2d 869· Fla. 1st DCA· 1997-06-09 ·cited 3×·via Involuntary Plea
  The court held that the trial court erred in granting a belated appeal without first addressing the appellant's claim that his plea was involuntary.
• Johnson v. State
  680 So. 2d 536· Fla. 1st DCA· 1996-06-13 ·cited 3×·via Involuntary Plea
• Grantham v. State
  665 So. 2d 348· Fla. 1st DCA· 1995-12-28 ·cited 3×
  Anthony Grantham appealed his conviction following the trial court's denial of his motion to withdraw no contest pleas entered before sentencing. The court reversed and remanded, finding the trial court abused its discretion by denying the withdrawal motion without conducting the
• Kravitz v. State
  638 So. 2d 636· Fla. 5th DCA· 1994-07-08 ·cited 3×·via Knowing And Voluntary Plea
  The appellate court dismissed the appeal for lack of jurisdiction because the defendant failed to first seek withdrawal of his plea before the trial court.
• Barney v. State
  636 So. 2d 873· Fla. 2d DCA· 1994-05-13 ·cited 3×·via Involuntary Plea
  A defendant's plea may be involuntary if induced by counsel's mistaken advice regarding sentencing.
• Neal v. State
  636 So. 2d 197· Fla. 4th DCA· 1994-05-04 ·cited 3×·via Involuntary Plea
  The court reversed the trial court's denial of post-conviction relief and remanded for an evidentiary hearing on the defendant's claim of involuntary plea, vacated his conviction for driving with a suspended license, and required appointment of new counsel due to conflict of inte
• Parker v. State
  616 So. 2d 1121· Fla. 1st DCA· 1993-04-12 ·cited 3×·via Involuntary Plea
  Jerry L. Parker appealed the denial of his Rule 3.850 post-conviction motion for ineffective assistance of counsel and involuntary plea. The court reversed, finding that Parker's allegations were not conclusively refuted by the record and that he stated sufficient facts to warran
• Hull v. State
  601 So. 2d 641· Fla. 2d DCA· 1992-07-24 ·cited 3×
  The court held that the trial court erred in summarily denying the motion for postconviction relief based solely on the written plea form, as it did not conclusively refute the appellant's allegations regarding psychotropic medication.
• Perras v. State
  550 So. 2d 131· Fla. 1st DCA· 1989-10-05 ·cited 3×·via Involuntary Plea
  The appellate court affirmed the denial of post-conviction relief, holding that a negotiated plea was voluntary even though a probationary period was added to the incarceration term. The court distinguished this case from a prior ruling where a plea was deemed involuntary due to
• Pate v. State
  547 So. 2d 316· Fla. 4th DCA· 1989-08-09 ·cited 3×
  The trial court erred in summarily denying the appellant's motion for post-conviction relief because the record does not conclusively refute his allegations regarding the voluntariness of his plea, ineffective assistance of counsel, and the State's failure to cooperate in his sub
• Waseleski v. State
  429 So. 2d 77· Fla. 4th DCA· 1983-04-06 ·cited 3×·via Involuntary Plea
  Cindy Waseleski pleaded guilty to trafficking in cocaine after negotiations she understood included an agreement that police would give her the opportunity to provide substantial assistance and earn prosecutorial leniency. After police failed to follow through on drug buys she ha
• Whittle v. State
  428 So. 2d 758· Fla. 2d DCA· 1983-03-25 ·cited 3×·via Involuntary Plea
  Court reversed summary denial of post-conviction relief motion for ineffective assistance of counsel and involuntary plea because trial court failed to conduct an evidentiary hearing or attach record portions refuting the allegations.
• State v. Brest
  421 So. 2d 638· Fla. 3d DCA· 1982-10-26 ·cited 3×
  The State appealed a trial court's decision vacating a defendant's guilty and nolo contendere pleas on the ground that he was confused and afraid when entering them. The appellate court reversed, holding that a defendant's subjective distress and confusion, without more, do not j
• Doerr v. State
  275 So. 2d 592· Fla. 4th DCA· 1973-04-09 ·cited 3×
  William Doerr appealed the denial of his fourth Rule 3.850 motion to vacate his guilty plea conviction. The Florida District Court of Appeal affirmed the trial court's denial, finding that the motion lacked merit because most grounds were either previously adjudicated or legally
• Wiley R. Hill v. State
  256 So. 2d 239· Fla. 2d DCA· 1972-01-05 ·cited 3×
  Wiley Hill appeals his conviction for uttering forged checks, arguing the trial court failed to advise him of his constitutional rights, specifically his right to remain silent. The court affirmed, holding that the right to remain silent is inapplicable to guilty pleas and that H
• United States ex rel. Frank Phelan v. Brierley
  453 F.2d 73· 3d Cir.· 1971-10-26 ·cited 3×
  The dissenting judge believes the state court erred by not holding an independent hearing on the petitioner-appellant's competency, and that a retrospective hearing in the district court was insufficient.
• Chatman v. State
  225 So. 2d 576· Fla. 2d DCA· 1969-08-08 ·cited 3×
  A guilty plea is permissible in a capital case, and the trial court properly accepted such a plea after ensuring it was knowing and voluntary.
• Mason v. State
  221 So. 2d 10· Fla. 2d DCA· 1969-03-26 ·cited 3×·via Involuntary Plea
  Appellant Mason challenges the validity of his guilty plea to assault to commit murder and larceny charges, claiming it was involuntary. The court affirms the conviction, finding no evidence the plea was involuntary and expressing frustration with repeated frivolous motions after
• United States v. Shadon Edwards
  142 F.4th 1270· 11th Cir.· 2025-06-27 ·cited 2×
  The Eleventh Circuit affirmed the district court's judgment, holding that the defendant's guilty plea was knowing and voluntary, the ACCA enhancement was not plainly erroneous, and the § 922(g) conviction did not exceed Congress's Commerce Clause authority.
• Costello v. State
  330 So. 3d 1052· Fla. 2d DCA· 2021-12-22 ·cited 2×·via Involuntary Plea
  The appellate court reversed the denial of a motion for postconviction relief, finding that the lower court improperly denied the claim on the merits without sufficient record support. The defendant was given leave to amend his motion.
• Blalock v. State
  297 So. 3d 688· Fla. 1st DCA· 2020-06-10 ·cited 2×·via Involuntary Plea
  The appellate court affirmed a conviction for violating probation but reversed a conviction for possession of a controlled substance. The court found the plea colloquy for the probation violation was insufficient but not preserved, while the new law offense conviction lacked a pr
• Kathgret R. Rentz v. State
  285 So. 3d 1009· Fla. 1st DCA· 2019-12-05 ·cited 2×·via Voluntary And Intelligent Guilty Plea
  Kathgret Rentz, a school guidance counselor, was charged with lewd and lascivious conduct involving an 11-year-old student. She pleaded no contest believing she could appeal the trial court's ruling that her motion to suppress was dispositive, but the State later refused to stipu
• Ingraham v. State
  248 So. 3d 153· Fla. 4th DCA· 2018-06-06 ·cited 2×·via Involuntary Plea
  A trial court abuses its discretion when it appoints conflict-free counsel to represent a defendant in a motion to withdraw plea based on alleged attorney misconduct, but then summarily denies the motion the next day without affording the substitute counsel an opportunity to amen
• D.A.C. v. State
  201 So. 3d 1249· Fla. 2d DCA· 2016-10-26 ·cited 2×·via Involuntary Plea
  D.A.C., a juvenile, appeals three delinquency adjudications based on no-contest pleas entered without proper compliance with Florida Rule of Juvenile Procedure 8.165, which governs the waiver of counsel in juvenile proceedings. The appellate court reverses all three adjudications