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

• Hunt v. State
  508 So. 2d 40· Fla. 2d DCA· 1987-06-05 ·cited 2×·via Involuntary Plea
  William E. Hunt appeals the summary denial of his postconviction relief motion, claiming his sentence violated a plea bargain agreement. The court reversed, finding that Hunt was promised probation but received two years of community control plus probation, and remanded for the t
• United States v. Leiby
  820 F.2d 70· 3d Cir.· 1987-05-27 ·cited 2×
  The court held that a district court may deny a second or successive motion to vacate sentence under 28 U.S.C. § 2255 without a hearing if the grounds were previously adjudicated on the merits and the ends of justice would not be served by reaching the merits.
• Sims v. State
  506 So. 2d 1154· Fla. 1st DCA· 1987-05-12 ·cited 2×
  The court held that claims of ineffective assistance of counsel must be raised in a motion for post-conviction relief, not a motion for sentence modification.
• Fundora v. State
  508 So. 2d 1250· Fla. 3d DCA· 1987-02-24 ·cited 2×
• Ingraham v. State
  502 So. 2d 987· Fla. 3d DCA· 1987-02-17 ·cited 2×·via Involuntary Plea
  Samuel Ingraham appeals his felony conviction and challenges the use of prior juvenile adjudications in his sentencing guidelines calculation. The court reverses due to reversible error in the trial court's ex parte interrogation of jurors regarding whether they witnessed the def
• Lonberger v. R.C. Marshall
  808 F.2d 1169· 6th Cir.· 1987-01-06 ·cited 2×
  The court held that the petitioner's current habeas petition was successive and properly dismissed under Rule 9(b) because it raised the same grounds for relief as a prior petition, and the ends of justice did not require reconsideration.
• Schuck v. State
  495 So. 2d 193· Fla. 2d DCA· 1986-08-13 ·cited 2×·via Involuntary Plea
  The court held that the trial court erred in denying the appellant's claim that his guilty plea was involuntary due to psychotropic drugs, as this issue was not previously litigated.
• United States v. Scully
  798 F.2d 411· 10th Cir.· 1986-08-12 ·cited 2×
  A district court cannot rely solely on personal recollection to deny a § 2255 motion challenging a guilty plea's voluntariness or counsel's effectiveness if a record exists.
• Hollis v. United States
  796 F.2d 1043· 8th Cir.· 1986-07-17 ·cited 2×
  The court held that the defendant's claims regarding jurisdiction, multiple sentences, ineffective assistance of counsel, and reliance on court promises were without merit.
• United States v. Lunsford
  787 F.2d 465· 9th Cir.· 1986-04-11 ·cited 2×·via Knowing And Voluntary Plea
  The court held that a defendant's awareness of a special parole term immediately after pleading guilty, and his failure to object prior to sentencing, cures the procedural error of not being informed before the plea.
• Smart v. Scully
  787 F.2d 816· 2d Cir.· 1986-04-07 ·cited 2×
  The Court of Appeals held that the appellant's failure to include sworn allegations in his pro se motion to withdraw his guilty plea did not constitute a procedural default under Wainwright v. Sykes, as the state had no substantial interest in denying him the opportunity to reple
• Deloach v. Louie L. Wainwright
  777 F.2d 1524· 11th Cir.· 1985-12-12 ·cited 2×
  The court held that the appellant's conviction and sentence for both felony murder and the underlying felony did not violate the Double Jeopardy Clause, as interpreted by Florida law.
• Johnson v. State
  479 So. 2d 162· Fla. 2d DCA· 1985-11-15 ·cited 2×
• Harris v. United States
  769 F.2d 718· 11th Cir.· 1985-08-26 ·cited 2×
  The court held that the petitioner was adequately informed of parole consequences and that his claims of ineffective assistance of counsel and judicial misrepresentation were without merit.
• Kennedy v. State
  475 So. 2d 247· Fla. 2d DCA· 1985-07-19 ·cited 2×
  The court affirmed the conviction and sentence but remanded to strike the retention of jurisdiction, finding the plea voluntariness challenge and sentencing departure adequately addressed, but the jurisdiction retention improper.
• Davis v. State
  468 So. 2d 443· Fla. 2d DCA· 1985-05-03 ·cited 2×
  Davis appealed the trial court's denial of his post-conviction relief motion challenging the voluntariness of his guilty plea. The appellate court reversed and remanded, holding that the trial court must conduct an evidentiary hearing or make findings from the record to determine
• Maura v. State
  469 So. 2d 150· Fla. 3d DCA· 1985-03-19 ·cited 2×
• Houghton v. State
  454 So. 2d 725· Fla. 1st DCA· 1984-08-15 ·cited 2×·via Involuntary Plea
• Wynn v. State
  452 So. 2d 1097· Fla. 2d DCA· 1984-07-11 ·cited 2×·via Involuntary Plea
  The court reversed in part the trial court's summary denial of a Rule 3.850 postconviction motion regarding an allegedly involuntary guilty plea, requiring the trial court to either conduct an evidentiary hearing or attach record portions conclusively refuting the claim.
• Dankert v. Wharton
  733 F.2d 1537· 11th Cir.· 1984-06-08 ·cited 2×
  A defendant does not have a constitutional right to appointed counsel for discretionary post-conviction proceedings, such as a motion to withdraw a guilty plea after sentencing.
• Nealy J. Buchanon v. Mintzes
  734 F.2d 274· 6th Cir.· 1984-05-09 ·cited 2×
  The court held that Rule 9(a) of habeas corpus proceedings requires a showing of actual prejudice to bar consideration of claims, and that the state failed to show prejudice regarding the petitioner's claims of unknowing waiver of counsel and guilty plea.
• Flowers v. Wyrick
  732 F.2d 659· 8th Cir.· 1984-04-25 ·cited 2×
  The court affirmed the denial of federal habeas corpus relief, holding that the petitioner's guilty plea was voluntary and knowing, and that jurisdictional and coercion claims were waived or unsupported.
• Chapman v. State
  444 So. 2d 591· Fla. 2d DCA· 1984-02-03 ·cited 2×·via Involuntary Plea
  The court held that the trial court erred in failing to conduct an evidentiary hearing or attach record portions refuting the allegation that the plea was involuntary due to psychotropic drugs.
• Carroll Dennis Ford v. State
  433 So. 2d 1335· Fla. 2d DCA· 1983-07-06 ·cited 2×·via Involuntary Plea
  Carroll Dennis Ford appeals the summary denial of his post-conviction motion challenging the voluntariness of his nolo contendere plea. The appellate court reversed and remanded, holding that the trial court failed to provide an evidentiary hearing on his allegation that he was n
• Prescott v. State
  429 So. 2d 1366· Fla. 1st DCA· 1983-04-21 ·cited 2×·via Involuntary Plea
• Milford Hughes v. State
  427 So. 2d 791· Fla. 2d DCA· 1983-03-04 ·cited 2×·via Involuntary Plea
  The court held that the trial court erred by failing to conduct an evidentiary hearing or attach record portions refuting the appellant's claim of an involuntary plea based on police promises.
• Bryant v. Cherry
  687 F.2d 48· 4th Cir.· 1982-09-10 ·cited 2×
  A guilty plea remains voluntary and intelligent even if the trial court fails to inform the defendant of a mandatory minimum sentence, if the defendant was aware of the plea agreement and reasonably expected a sentence at or above the mandatory minimum.
• United States v. Johney B. Kearney, Sr.
  684 F.2d 709· 10th Cir.· 1982-08-09 ·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.
• Brown v. Warden, Great Meadow Correctional Facility
  682 F.2d 348· 2d Cir.· 1982-06-23 ·cited 2×
  The court held that New York's requirement for the prosecution to prove a defendant's mental competency to stand trial by a preponderance of the evidence satisfies due process.
• United States v. Stehl
  665 F.2d 58· 4th Cir.· 1981-12-03 ·cited 2×
  Rule 11 of the Federal Rules of Criminal Procedure does not apply to probation revocation proceedings.
• Evans v. Warden Sam P. Garrison
  657 F.2d 64· 4th Cir.· 1981-08-13 ·cited 2×
  The court held that conditioning parole eligibility on restitution to a law enforcement agency, which is not a victim under state law and was not part of the plea bargain, renders a guilty plea involuntary and unintelligent, violating due process.
• United States v. Riegelsperger
  646 F.2d 1235· 8th Cir.· 1981-04-13 ·cited 2×
  The court held that the district court's technical omission of a Rule 11(c)(5) warning and its inquiry into voluntariness under Rule 11(d) did not necessitate setting aside the guilty plea, as no prejudice or manifest injustice occurred.
• Braverman v. State
  393 So. 2d 1165· Fla. 3d DCA· 1981-02-10 ·cited 2×
  A defendant may raise the involuntariness of a plea in a Rule 3.850 post-conviction motion even though involuntariness was mentioned as a ground in an earlier motion to withdraw the plea, provided the issue was not actually litigated and decided in the prior proceeding. The law o
• Mitchell v. Superior Court FOR the Cnty. OF Santa Clara
  632 F.2d 767· 9th Cir.· 1980-10-07 ·cited 2×
  A guilty plea does not forfeit the right to federal habeas corpus review of pre-plea constitutional violations if state law permits such an appeal.
• Thomas v. State
  386 So. 2d 859· Fla. 2d DCA· 1980-08-13 ·cited 2×
  The court held that the trial court erred in summarily denying the motion for post-conviction relief because the record did not show the defendant understood the mandatory minimum sentence.
• United States v. Kriz
  621 F.2d 306· 8th Cir.· 1980-05-09 ·cited 2×
  A defendant's sworn statements at a guilty plea hearing are conclusively established unless a valid reason is shown to depart from them, and technical violations of Rule 11 without prejudice do not warrant collateral relief.
• United States v. Shepherd
  618 F.2d 702· 10th Cir.· 1980-04-08 ·cited 2×
  Technical violations of Rule 11 that do not result in a miscarriage of justice are not grounds for vacating a guilty plea under 28 U.S.C. § 2255.
• Blue v. State
  380 So. 2d 451· Fla. 3d DCA· 1979-12-28 ·cited 2×·via Involuntary Plea
  Florida appellate court affirmed the denial of defendant's motion to vacate guilty pleas and sentences, finding the pleas were knowing and intelligent and counsel was effective.
• Kibert v. Blankenship
  611 F.2d 520· 4th Cir.· 1979-12-04 ·cited 2×
  The court held that the district court erred in granting habeas corpus relief, as the petitioner's guilty plea was voluntary and knowingly entered, and he was not denied effective assistance of counsel.
• United States v. Petrangelo
  599 F.2d 261· 8th Cir.· 1979-05-22 ·cited 2×
  The court held that a voluntary guilty plea waives all non-jurisdictional defects, including the erroneous denial of motions to discover informant identities.
• Wright v. State
  376 So. 2d 236· Fla. 1st DCA· 1979-05-04 ·cited 2×
  William Peter Wright Jr. was convicted of first-degree murder, but on appeal that conviction was reversed due to improper expert testimony. On remand, Wright pleaded nolo contendere to manslaughter after the trial court denied his motion to dismiss the second-degree murder charge
• Williams v. State
  365 So. 2d 460· Fla. 1st DCA· 1978-12-28 ·cited 2×
  Willie E. Williams appeals his conviction based on a nolo contendere plea for heroin possession and evading police. The court reversed, finding the plea involuntary because the trial judge was not informed of a critical plea agreement term allowing Williams to withdraw his plea i
• Manley v. United States
  588 F.2d 79· 4th Cir.· 1978-11-30 ·cited 2×·via Voluntary And Intelligent Guilty Plea
  The court held that a defendant's nolo contendere plea may be invalid if the trial court misinformed the defendant about the maximum allowable penalties, and this factual issue must be determined on remand.
• Summerlin v. State
  360 So. 2d 805· Fla. 2d DCA· 1978-07-14 ·cited 2×
  A defendant challenged his conviction and sentencing where he entered a plea of nolo contendere to robbery with a firearm. The court found confusion regarding whether the firearm allegation was included in the plea, and determined that the plea was not voluntarily entered due to
• United States v. Swann
  574 F.2d 1316· 5th Cir.· 1978-06-14 ·cited 2×·via Voluntary And Intelligent Guilty Plea
  A conditional plea of nolo contendere, reserving the right to appeal an unfavorable ruling on a motion to suppress, is impermissible because it renders the plea involuntary and not in compliance with Rule 11.
• United States v. Lopez
  571 F.2d 1345· 5th Cir.· 1978-04-26 ·cited 2×·via Involuntary Plea
  A nolo contendere plea conditioned on the right to appeal non-jurisdictional grounds is involuntary and must be vacated.
• Brown v. State
  354 So. 2d 452· Fla. 2d DCA· 1978-01-27 ·cited 2×
  The court held that the burglary sentence was illegal because the information did not allege the presence of a human being, making it a third-degree felony. The heroin sentence was reversed because the plea bargain was based on an illegal sentence, but the plea itself did not nee
• Gardner v. Pogue
  568 F.2d 648· 9th Cir.· 1978-01-25 ·cited 2×
  The court held that the appellant's guilty plea was knowing, voluntary, and uncoerced, affirming the district court's denial of habeas corpus relief.
• Kendrick v. State
  353 So. 2d 1273· Fla. 1st DCA· 1978-01-20 ·cited 2×
  Kendrick appealed the denial of his Rule 3.850 post-conviction relief motion challenging the voluntariness of his guilty plea. The court affirmed the denial, holding that because it had already fully reviewed and rejected the identical voluntariness argument in Kendrick's direct
• Sand v. Estelle
  559 F.2d 364· 5th Cir.· 1977-09-19 ·cited 2×·via Involuntary Plea
  The court held that a writ of habeas corpus should not be granted solely because an attorney's correct advice was due to luck rather than skill.