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. Price
  988 F.2d 712· 7th Cir.· 1993-03-10 ·cited 2×
  The court held that the defendant's guilty plea was valid and his sentence was properly calculated, affirming the district court's decisions.
• United States v. Taylor
  984 F.2d 618· 4th Cir.· 1993-01-26 ·cited 2×
  A district court is not required to conduct a second Rule 11 colloquy when a defendant equivocates about a guilty plea after the initial hearing; the decision to address such equivocation is within the court's discretion.
• Cates v. Superintendent, Ind. Youth Ctr.
  981 F.2d 949· 7th Cir.· 1992-12-11 ·cited 2×
  Joint representation of co-defendants does not violate the Sixth Amendment right to effective assistance of counsel unless the defendant demonstrates an actual conflict of interest that adversely affected counsel's performance. A voluntary and intelligent guilty plea waives prior
• Vitiello v. State
  609 So. 2d 111· Fla. 4th DCA· 1992-11-25 ·cited 2×
  Appellant Vitiello challenged his guilty plea and sentences on nine counts (eight felonies, one misdemeanor), arguing the plea was involuntary. The court affirmed the judgment, finding the plea was voluntary and knowing, but vacated and remanded the sentences due to multiple erro
• Herta Spitzweiser-Wittgenstein v. Newton
  978 F.2d 1195· 10th Cir.· 1992-11-03 ·cited 2×
  The district court erred in relying on the presumption of correctness under 28 U.S.C. § 2254(d) to uphold the state court's competency finding, as material facts were not adequately developed in state court.
• United States v. Stewart
  977 F.2d 81· 3d Cir.· 1992-10-09 ·cited 2×
• United States v. Whalen
  976 F.2d 1346· 10th Cir.· 1992-10-07 ·cited 2×
  The court held that the appellant's allegations regarding threats to prosecute his wife, if proven, would entitle him to relief on the involuntariness of his guilty plea, warranting an evidentiary hearing.
• James v. Pierce
  976 F.2d 369· 7th Cir.· 1992-10-01 ·cited 2×·via Knowing And Voluntary Plea
  The court held that the district court did not err in denying the motion to vacate the sentence, as the defendant failed to demonstrate an actual conflict of interest adversely affecting his counsel's performance and waived other claims through procedural default.
• Neal v. Grammer
  975 F.2d 463· 8th Cir.· 1992-09-11 ·cited 2×
  The court held that the appellant's sentence was not cruel and unusual punishment, his counsel was not ineffective, his guilty plea had a factual basis and was voluntary, and he was not denied due process by the refusal of a continuance.
• DAY v. State
  604 So. 2d 27· Fla. 5th DCA· 1992-08-21 ·cited 2×·via Involuntary Plea
  Charles Edward Day appeals the summary denial of his post-conviction relief motion, arguing his habitual offender sentences were illegal or imposed based on an involuntary plea because the state failed to provide written notice of its intent to seek enhanced sentences in two of t
• United States v. Washington
  969 F.2d 1073· D.C. Cir.· 1992-06-30 ·cited 2×·via Knowing And Voluntary Plea
  The court held that the trial court abused its discretion in rejecting a guilty plea solely because the defendant refused to incriminate a co-defendant, but found the error to be harmless as the defendant was ultimately convicted of the same offense.
• Laurel Ehrlich Carter v. State
  599 So. 2d 773· Fla. 2d DCA· 1992-06-05 ·cited 2×
• Oliver v. United States
  961 F.2d 1339· 7th Cir.· 1992-04-23 ·cited 2×·via Knowing And Voluntary Plea
  The court affirmed the denial of the defendant's motion to vacate his guilty plea, finding he procedurally defaulted his claim and that laches barred relief, and also affirmed the denial of appointed counsel.
• Fields v. United States
  963 F.2d 105· 6th Cir.· 1992-04-22 ·cited 2×
  The court held that the district court's acceptance of the guilty plea was contingent on review of the presentence report and that the district court failed to adequately state its reasons for the sentencing enhancement, requiring remand.
• Wellman v. State OF Me.
  962 F.2d 70· 1st Cir.· 1992-02-26 ·cited 2×
  The court held that the petitioner's guilty plea was not rendered involuntary by the state's retraction of pretrial detention credit, as he failed to demonstrate prejudice from the alleged misinformation or omission.
• Wise v. Armontrout
  952 F.2d 221· 8th Cir.· 1991-12-24 ·cited 2×
  A federal habeas petitioner is procedurally barred from raising claims if they failed to meet state procedural requirements, unless they show cause and prejudice, and there is no constitutional right to counsel in state post-conviction proceedings to establish cause.
• Heiser v. Ryan
  951 F.2d 559· 3d Cir.· 1991-12-13 ·cited 2×
  The court held that a defendant is entitled to an evidentiary hearing on his habeas petition alleging his guilty plea was involuntary due to counsel's threat to withdraw, and that extreme delays in state court adjudication may violate due process.
• United States v. Casey
  951 F.2d 892· 8th Cir.· 1991-12-11 ·cited 2×
  The court held that the district court did not abuse its discretion in denying the defendant's motion to withdraw his guilty plea without holding a separate evidentiary hearing.
• United States v. Lambey
  949 F.2d 133· 4th Cir.· 1991-11-18 ·cited 2×
  The dissenting judge believes the district court abused its discretion by denying the defendant's motion to withdraw his guilty plea.
• Brown v. State
  588 So. 2d 658· Fla. 2d DCA· 1991-11-06 ·cited 2×·via Involuntary Plea
  Frank Brown appealed the summary denial of his Rule 3.850 motion for postconviction relief, claiming ineffective assistance of counsel and an involuntary guilty plea based on counsel's alleged misrepresentation that sentencing would not exceed seven years. The appellate court fou
• Alicio Duque v. State
  582 So. 2d 126· Fla. 4th DCA· 1991-07-03 ·cited 2×·via Knowing And Voluntary Plea
  Defendant's conviction and sentence reversed because he had an absolute right to withdraw his no contest plea to first degree murder prior to the court's formal acceptance, as the record showed the court had not yet formally accepted the plea and indicated further proceedings wer
• Riggins v. Norris W. McMACKIN
  935 F.2d 790· 6th Cir.· 1991-06-10 ·cited 2×·via Voluntary And Intelligent Guilty Plea
  The court held that a federal court must remand for an evidentiary hearing to determine if a state prisoner was aware of the maximum possible sentence when entering a guilty plea, even if the state court found substantial compliance with its rules.
• Marx v. United States
  930 F.2d 1246· 7th Cir.· 1991-04-26 ·cited 2×
  The dissenting judge would vacate the guilty plea due to deficiencies in the plea-taking procedure and the government's failure to fulfill its commitment regarding the return of cows.
• Harris v. Allen
  929 F.2d 560· 10th Cir.· 1991-04-01 ·cited 2×·via Knowing And Voluntary Plea
  A civil forfeiture proceeding is a collateral consequence of a guilty plea and does not need to be included in a plea agreement for the plea to be considered knowing and voluntary.
• Hammerstons v. State
  576 So. 2d 944· Fla. 2d DCA· 1991-03-29 ·cited 2×
• Anfield v. State
  576 So. 2d 388· Fla. 2d DCA· 1991-03-13 ·cited 2×
  Anthony Anfield appeals the summary denial of his post-conviction motion alleging that the trial court failed to conduct a required plea colloquy and that he was sentenced to a term longer than the twelve years he bargained for. The appellate court reverses and remands because th
• Simpson v. Camper
  927 F.2d 392· 8th Cir.· 1991-03-04 ·cited 2×·via Involuntary Plea
  The court held that the appeal would be held in abeyance pending a determination by the Missouri Court of Appeals on whether a state remedy is available to the petitioner.
• Carroll v. State
  575 So. 2d 286· Fla. 3d DCA· 1991-02-26 ·cited 2×·via Involuntary Plea
  The court held that a trial court must attach relevant record documentation when denying a facially sufficient motion for post conviction relief without a hearing.
• Bedford v. Attorney Gen. OF the State OF Ala. & Charlie E. Jones
  924 F.2d 203· 11th Cir.· 1991-02-19 ·cited 2×
  The court held that the defendant's claim was not procedurally barred because the state court's dismissal was not a clear and express statement of reliance on a procedural default, and the state failed to show particularized prejudice from the delay.
• Porter v. A.L. Lockhart
  925 F.2d 1107· 8th Cir.· 1991-02-13 ·cited 2×
  The court held that the defendant's claims of ineffective assistance of counsel and involuntary guilty plea were without merit, affirming the denial of habeas corpus relief.
• Salemi v. State
  573 So. 2d 117· Fla. 2d DCA· 1991-01-04 ·cited 2×·via Involuntary Plea
  Frank Salemi appealed the summary denial of his postconviction relief motion under Florida Rule of Criminal Procedure 3.850, claiming his guilty plea to probation violations was involuntary due to ineffective counsel. The court reversed in part and remanded, finding one allegatio
• R.B. Smith v. A.L. Lockhart
  921 F.2d 154· 8th Cir.· 1990-12-07 ·cited 2×·via Involuntary Plea
  The court affirmed the dismissal of the habeas corpus petition, finding the guilty plea was voluntary and counsel was not ineffective.
• United States v. Morrow
  914 F.2d 608· 4th Cir.· 1990-09-24 ·cited 2×
  The court held that the circumstantial evidence provided a sufficient factual basis for the defendant's guilty plea to RICO conspiracy charges, and his plea was voluntary despite the government's failure to disclose the linked nature of his and his father's pleas.
• United States v. Hoskins
  910 F.2d 309· 5th Cir.· 1990-09-06 ·cited 2×·via Knowing And Voluntary Plea
  The court held that the defendant's guilty plea was voluntary and her counsel was effective, thus the denial of her motion to vacate sentence was proper.
• Adcox v. O'Brien
  899 F.2d 735· 8th Cir.· 1990-03-30 ·cited 2×·via Knowing And Voluntary Plea
  The court held that the district court must reconsider the appellant's motions to suppress evidence and confession, as a favorable ruling might have altered the appellant's decision to plead guilty.
• United States v. Rojas
  898 F.2d 40· 5th Cir.· 1990-03-29 ·cited 2×·via Knowing And Voluntary Plea
  The referral of a defendant's motion to withdraw a guilty plea to a magistrate for an evidentiary hearing and recommendation is authorized by 28 U.S.C. § 636(b)(1), and denying such a withdrawal is not an abuse of discretion when the defendant offers unsupported claims of innocen
• Brown v. Armontrout
  898 F.2d 84· 8th Cir.· 1990-03-16 ·cited 2×
  The court held that the appellant's claims lacked merit, affirming the district court's denial of his habeas corpus petition.
• Kendrick v. State
  556 So. 2d 531· Fla. 2d DCA· 1990-02-09 ·cited 2×·via Involuntary Plea
  The court held that the trial court erred in summarily denying the defendant's motion for postconviction relief without attaching refuting record portions or holding an evidentiary hearing on the claim of ineffective assistance of counsel.
• Morris v. State
  553 So. 2d 321· Fla. 1st DCA· 1989-12-04 ·cited 2×·via Involuntary Plea
• McELVANE v. State
  553 So. 2d 321· Fla. 1st DCA· 1989-12-04 ·cited 2×
  Appellant Lawrence McElvane appealed the trial court's denial of his post-conviction relief motion under Florida Rule of Criminal Procedure 3.850. The First District Court of Appeal affirmed the denial, holding that McElvane's signed plea form—which indicated he freely and volunt
• United States v. DeLUCA
  889 F.2d 503· 3d Cir.· 1989-11-15 ·cited 2×·via Knowing And Voluntary Plea
  The court held that the district court erred in revoking the special parole term but did not err in failing to vacate the guilty plea.
• Williams v. State
  546 So. 2d 56· Fla. 4th DCA· 1989-06-28 ·cited 2×
  The court held that the appellant is entitled to an evidentiary hearing on whether his guilty plea was voluntary, as the record does not conclusively show he understood the maximum possible penalties.
• Rickie N. McNAIR v. Dugger
  866 F.2d 399· 11th Cir.· 1989-02-23 ·cited 2×·via Involuntary Plea
  The court held that the district court improvidently granted the writ of habeas corpus because the petitioner failed to demonstrate prejudice from counsel's alleged deficient performance.
• White v. United States
  858 F.2d 416· 8th Cir.· 1988-10-03 ·cited 2×
  A voluntary and intelligent guilty plea, even an Alford plea, generally bars collateral attack on prior constitutional deprivations, and undisclosed evidence that would have merely fortified the defense's position on witness credibility does not render the plea unintelligent or u
• Spadaro v. State
  528 So. 2d 1346· Fla. 2d DCA· 1988-08-05 ·cited 2×·via Involuntary Plea
  The court held that claims of ineffective assistance of counsel were facially insufficient, but claims that the plea was involuntary and the sentence illegal were not conclusively refuted by the record.
• Garza v. State
  519 So. 2d 727· Fla. 2d DCA· 1988-02-05 ·cited 2×
  Andrew Valdez Garza appeals his guilty plea convictions for grand theft and dealing in stolen property, arguing the trial court erred in refusing to allow him to withdraw his plea. The appellate court reversed, finding the trial court violated Florida Criminal Procedure Rule 3.17
• Sterling Williams v. A.L. Lockhart
  837 F.2d 324· 8th Cir.· 1988-01-19 ·cited 2×
  The court held that the district court correctly dismissed the habeas corpus application because the appellant's guilty pleas were voluntary and his sentences did not violate the double jeopardy clause.
• Robinson v. A.L. Lockhart
  835 F.2d 1271· 8th Cir.· 1988-01-06 ·cited 2×
  The court held that the district court did not err in denying the habeas corpus petition because the guilty pleas were voluntary and counsel was effective.
• Bundy v. Dugger
  675 F. Supp. 622· M.D. Fla.· 1987-12-22 ·cited 2×
  The court held that the petitioner was competent to stand trial, finding that the evidence did not support a diagnosis of bipolar mood disorder or demonstrate incompetence.
• Yeager v. State
  514 So. 2d 73· Fla. 1st DCA· 1987-10-20 ·cited 2×
  Yeager appeals the summary denial of his post-conviction Rule 3.850 motion alleging ineffective assistance of counsel, illegal sentencing, and coerced guilty plea. The court affirms the denial as to the ineffective assistance claim but reverses and remands the coerced plea allega