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

• Atilus v. State
  346 So. 2d 594· Fla. 3d DCA· 1977-05-24 ·cited 2×
• McINNES v. State
  345 So. 2d 781· Fla. 4th DCA· 1977-04-15 ·cited 2×
  Linda McInnes appealed her guilty plea conviction for obtaining property by worthless checks, arguing her plea was involuntary and that her sentence constituted unconstitutional imprisonment for debt. The Fourth District Court of Appeal affirmed, finding the plea was knowing and
• Archinal v. State
  340 So. 2d 546· Fla. 2d DCA· 1976-12-22 ·cited 2×
  The court held that the trial court erred by failing to ensure the voluntariness and understanding of a nolo contendere plea and by imposing a sentence that appeared to vary from the plea bargain.
• Redden v. Wainwright
  340 So. 2d 1187· Fla. 4th DCA· 1976-12-03 ·cited 2×
  In this habeas corpus petition, a defendant challenges two drug convictions from 1974. The court reversed and remanded for a new trial on the first conviction due to improper cross-examination limitations, but affirmed the guilty plea in the second conviction as knowing and volun
• Edmonds v. Major D. C. Lewis
  546 F.2d 566· 4th Cir.· 1976-12-03 ·cited 2×
  A prisoner is entitled to an evidentiary hearing on a habeas corpus petition if they allege facts sufficient to raise issues about the voluntariness of their guilty plea and the validity of their arraignment due to alleged coercion by their appointed counsel.
• Massey v. State
  338 So. 2d 560· Fla. 2d DCA· 1976-10-22 ·cited 2×
  The court affirmed the judgment for entering without breaking, finding no prejudice from a misstated maximum sentence, but remanded for clarification of the judgment and sentence on the grand larceny charge.
• Sparks v. State
  338 So. 2d 550· Fla. 1st DCA· 1976-10-18 ·cited 2×
  A guilty plea is valid if the factual basis shows the defendant aided or abetted the crime, even if they did not directly commit it or carry a weapon.
• Micklus v. United States
  537 F.2d 381· 9th Cir.· 1976-06-10 ·cited 2×
  A defendant's fear of a higher sentence, even if based on misinformation from counsel, does not render a guilty plea involuntary or unintelligent if the defendant understood the actual maximum penalty for the charge to which they pleaded guilty. However, allegations of an unkept
• Youngs v. State
  329 So. 2d 328· Fla. 3d DCA· 1976-03-30 ·cited 2×
  The court held that the trial court did not err in either the judgment on the probation revocation or the order refusing to vacate the conviction and sentence on the substantive charges.
• Parker v. Lockhart
  531 F.2d 927· 8th Cir.· 1976-03-16 ·cited 2×
  A guilty plea is not per se involuntary merely because the defendant was taking medication at the time.
• Smith v. State
  326 So. 2d 236· Fla. 2d DCA· 1976-01-30 ·cited 2×
• Holman v. State
  326 So. 2d 50· Fla. 2d DCA· 1976-01-30 ·cited 2×·via Involuntary Plea
  The court held that a postconviction motion sufficiently alleging an involuntary guilty plea induced by attorney misrepresentation warrants an evidentiary hearing.
• Darl J. Sheely v. Whealon
  525 F.2d 713· 6th Cir.· 1975-11-18 ·cited 2×
  The Sixth Amendment right to counsel was violated when an uncounselled guilty plea, entered at a critical stage of the proceedings, was admitted into evidence at trial.
• LA BAR v. United States
  522 F.2d 202· 5th Cir.· 1975-10-31 ·cited 2×
  The court held that the district court complied with Rule 11 regarding the factual basis for guilty pleas and voluntariness, but a sentence attack based on prior invalid convictions requires remand for consideration.
• Robinson v. State
  321 So. 2d 121· Fla. 3d DCA· 1975-10-28 ·cited 2×
• Cook v. United States
  521 F.2d 875· 5th Cir.· 1975-10-22 ·cited 2×
  The court held that the district court erred in denying relief without an evidentiary hearing, as required by 28 U.S.C. § 2255.
• Lurea Clark v. State
  317 So. 2d 870· Fla. 1st DCA· 1975-08-18 ·cited 2×·via Voluntary And Intelligent Guilty Plea
  Clark appealed her conviction for second-degree murder entered through guilty plea, claiming the trial court violated due process by failing to comply with Boykin v. Alabama's requirements regarding waiver of constitutional rights. The appellate court affirmed, finding the trial
• Ford v. State
  317 So. 2d 473· Fla. 1st DCA· 1975-08-12 ·cited 2×·via Voluntary And Intelligent Guilty Plea
  Kenneth Lee Ford appealed his nolo contendere plea to a robbery charge, arguing the trial court failed to explicitly advise him of his rights against self-incrimination, to jury trial, and to confront accusers. The Florida appellate court affirmed the conviction, holding that whe
• Pirtle v. State
  316 So. 2d 281· Fla.· 1975-06-25 ·cited 2×
  The court held that a guilty plea must have a factual basis, but affirmed the decision because no prejudice or manifest injustice was shown.
• McCOMY v. United States
  514 F.2d 28· 8th Cir.· 1975-04-07 ·cited 2×
  The court held that the defendant's guilty plea was voluntary because the terms of the plea bargain, including the dismissal of other counts, were disclosed in open court and the defendant denied any promises regarding sentencing.
• Moore v. State
  308 So. 2d 590· Fla. 1st DCA· 1975-01-28 ·cited 2×
  Florida appellate court affirmed defendant's guilty plea to rape where the trial court adequately informed him of the crime's definition, his right to jury trial, and obtained his affirmation that he understood the charges and was guilty without coercion.
• Torres v. United States
  505 F.2d 957· 5th Cir.· 1974-12-30 ·cited 2×·via Knowing And Voluntary Plea
  The court held that the trial court failed to comply with Rule 11's requirement to establish a factual basis for the guilty plea.
• Collins v. Green
  505 F.2d 22· 5th Cir.· 1974-12-09 ·cited 2×·via Knowing And Voluntary Plea
  The court held that the petitioner failed to present convincing evidence to rebut the presumption of correctness of the state court's factual determination that his guilty plea was voluntarily and knowingly entered with competent counsel.
• Farhat v. State
  293 So. 2d 723· Fla. 1st DCA· 1974-05-07 ·cited 2×
  The court held that the appeal is premature because no adjudication of guilt or sentence has been imposed, and the probation period is permissible for a misdemeanor.
• Rentfrow v. State
  293 So. 2d 376· Fla. 4th DCA· 1974-04-19 ·cited 2×
• Dames v. Louie L. Wainwright
  491 F.2d 1098· 5th Cir.· 1974-04-01 ·cited 2×·via Voluntary And Intelligent Guilty Plea
  The court held that the defendant's contention that he was entitled to more credit for time served was without merit, as he received the bargained-for sentence and was not punished for exercising post-conviction rights.
• Lebron-Rosario v. United States
  493 F.2d 318· 1st Cir.· 1974-03-13 ·cited 2×
  A guilty plea entered upon advice of competent counsel is not rendered involuntary by a subsequent Supreme Court decision invalidating a statutory presumption that counsel did not anticipate.
• Burchett v. Cardwell
  493 F.2d 492· 9th Cir.· 1974-02-25 ·cited 2×
  A defendant who voluntarily pleads guilty with effective counsel cannot raise independent claims of prior constitutional violations.
• Turner v. Haynes
  485 F.2d 183· 4th Cir.· 1973-10-15 ·cited 2×
  The court held that the district court did not err in denying the habeas corpus petitions, as the record supported the finding that the guilty pleas were voluntary and intelligent.
• Pinkins v. Louie L. Wainwright
  283 So. 2d 577· Fla. 2d DCA· 1973-10-10 ·cited 2×
  Florida appellate court granted habeas corpus and allowed a delayed appeal where trial judge failed to advise defendant of appellate rights, but conditioned the appeal on showing it is not frivolous.
• Jackson v. State
  283 So. 2d 390· Fla. 2d DCA· 1973-10-05 ·cited 2×
• United States ex rel. Vaughan Booker H-9095 v. Johnson
  488 F.2d 229· 3d Cir.· 1973-09-28 ·cited 2×
  The dissent argues that if a guilty plea was induced by counsel's misrepresentation of the law regarding diminished responsibility, an evidentiary hearing is mandated.
• Lenwood v. State
  278 So. 2d 323· Fla. 2d DCA· 1973-05-30 ·cited 2×
• Broxson v. Louie L. Wainwright
  477 F.2d 397· 5th Cir.· 1973-05-03 ·cited 2×
  The court held that the petitioner's new allegations of coercion, not previously raised, warrant a hearing on the voluntariness of his guilty pleas.
• Essick McKinley Bender v. United States
  478 F.2d 332· 9th Cir.· 1973-05-02 ·cited 2×
  The court held that the rule announced in United States v. Myers, requiring explicit advice on sentence commencement, should not be applied retroactively to pleas entered before its decision.
• Morehouse v. State
  276 So. 2d 530· Fla. 3d DCA· 1973-04-24 ·cited 2×
  Morehouse appeals his convictions for forgery and revocation of probation from a narcotic drug conviction. The appellate court affirmed the convictions, finding that the appellant's assignments of error were inapplicable to a guilty plea case and that his arguments on appeal lack
• McCRAY v. State OF Ala.
  476 F.2d 256· 5th Cir.· 1973-03-27 ·cited 2×
  The court held that the appellant's claims of an unkept plea bargain and fear of the death penalty did not render his guilty pleas constitutionally infirm.
• United States v. Journey
  474 F.2d 1003· 8th Cir.· 1973-03-01 ·cited 2×
  The court held that a federal prisoner's petition under 28 U.S.C. § 2255 challenging a guilty plea as involuntary due to coercive circumstances was properly denied.
• Thomas v. State
  273 So. 2d 773· Fla. 4th DCA· 1973-02-28 ·cited 2×
  Florida appellate court reversed a nolo contendere conviction because the trial court failed to conduct an adequate plea colloquy demonstrating the defendant's plea was voluntary under Rule 3.170(a), F.R.Cr.P.
• Wharton v. United States
  470 F.2d 510· 8th Cir.· 1972-12-18 ·cited 2×
  The court held that knowledge of a prior invalid conviction does not invalidate a subsequent guilty plea or sentence unless it is proven that a different result would have been reached.
• Pine v. Estelle
  470 F.2d 721· 9th Cir.· 1972-11-27 ·cited 2×
  The court held that the appellant's claims regarding the voluntariness of his guilty plea and waiver of counsel were without merit, and that the lower court's denial of habeas corpus was correct.
• United States v. Benson
  469 F.2d 222· 8th Cir.· 1972-11-14 ·cited 2×
  The court held that the trial court did not abuse its discretion in denying the appellant's motion to withdraw his guilty plea.
• United States v. Walton I. Froniabarger
  467 F.2d 845· 8th Cir.· 1972-10-17 ·cited 2×
  The court held that the defendant's guilty pleas were voluntary and valid, as the government fulfilled its promises by dismissing remaining charges and reporting the defendant's cooperation to the court.
• Gonzalez v. State
  267 So. 2d 45· Fla. 2d DCA· 1972-09-29 ·cited 2×
  Pablo Gonzalez appealed his twenty-year sentence for murder in the second degree, claiming he was promised five years instead. The Florida District Court of Appeal affirmed his sentence, finding his guilty plea was voluntary and knowing despite the disparate sentencing of his cod
• Schaefer v. State
  264 So. 2d 121· Fla. 4th DCA· 1972-06-29 ·cited 2×
  A trial court properly accepts a guilty plea when it conducts an adequate inquiry and a defendant's untimely motion to withdraw the plea lacks adequate factual support in the record.
• United States ex rel. Harry Shank v. Commonwealth of Pa.
  461 F.2d 61· 3d Cir.· 1972-06-01 ·cited 2×
  The court held that the district court did not abuse its discretion in denying a habeas corpus hearing, as the state court's decision that the guilty pleas were voluntary and knowing was fairly supported by the record.
• United States ex rel. Patrick Mullen v. Henderson
  467 F.2d 899· 5th Cir.· 1972-05-21 ·cited 2×
  The court held that a guilty plea entered upon advice of competent counsel is voluntary, even if based on coerced confessions.
• United States ex rel. James Morris Fletcher v. Brierley
  460 F.2d 444· 3d Cir.· 1972-05-17 ·cited 2×
  The court held that a habeas petitioner cannot relitigate claims previously decided on the merits, and that the petitioner's claims were either decided, moot, or without merit.
• Douglas v. Nixon
  459 F.2d 325· 6th Cir.· 1972-04-27 ·cited 2×
  The court affirmed the district court's judgment, constrained by prior precedent.
• Golden v. Henderson
  456 F.2d 376· 5th Cir.· 1972-02-24 ·cited 2×
  The court held that the district court's denial of the habeas petition was proper, as the guilty plea was voluntarily and intelligently entered under pre-Boykin standards.