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

• Green v. Wingo
  454 F.2d 52· 6th Cir.· 1972-01-27 ·cited 2×
  The court held that even without explicit allegations in the petition, the case must be remanded for an evidentiary hearing to determine if the state court judge adequately examined the petitioner regarding the voluntariness of his guilty plea, following Boykin v. Alabama.
• Daugherty v. United States
  453 F.2d 899· 6th Cir.· 1972-01-24 ·cited 2×
  The court held that the district court did not err in denying the petitioner's motion to vacate his sentence, as he failed to demonstrate ineffective assistance of counsel.
• United States ex rel. Eugene H. Kidd v. Commonwealth OF Pa. & Dist. Attorney of Philadelphia Cnty.
  453 F.2d 247· 3d Cir.· 1971-12-29 ·cited 2×·via Knowing And Voluntary Plea
  The court held that the prisoner's claims of incompetent counsel and an invalid guilty plea lacked merit, and affirmed the denial of habeas corpus relief.
• X v. United States
  454 F.2d 255· 2d Cir.· 1971-12-28 ·cited 2×
  The court held that a pre-McCarthy guilty plea is valid if the sentencing judge ascertained a factual basis for the plea, even if the plea judge did not.
• Thomas v. Beto
  452 F.2d 1072· 5th Cir.· 1971-12-22 ·cited 2×·via Knowing And Voluntary Plea
  The court held that the district court did not err in denying the habeas corpus writ without a hearing, as the state court's findings were supported by the record and not clearly erroneous.
• Weaver v. United States
  454 F.2d 315· 7th Cir.· 1971-12-08 ·cited 2×
  The court held that the district court did not violate Rule 11 by failing to explicitly warn the defendant of the potential consequences of probation revocation, as the record showed the defendant understood the potential severity of a sentence upon revocation.
• Boyd v. State
  255 So. 2d 705· Fla. 4th DCA· 1971-12-06 ·cited 2×
  Stanley Boyd appealed his guilty plea conviction for carrying a concealed firearm, arguing the trial court erred by accepting his plea without investigating the factual basis for it. The Florida appellate court affirmed, holding that while federal courts require such an inquiry,
• Calhoun v. United States
  454 F.2d 702· 7th Cir.· 1971-12-03 ·cited 2×
  The court held that the petitioner's guilty plea was entered knowingly and voluntarily, despite claims of drug influence, and that his counsel was effective.
• Taylor v. United States
  452 F.2d 646· 5th Cir.· 1971-11-30 ·cited 2×
  The court held that the defendant's allegations did not necessitate an evidentiary hearing for withdrawal of her guilty pleas.
• United States ex rel. William S. Burke v. Mancusi
  453 F.2d 563· 2d Cir.· 1971-11-22 ·cited 2×
  The court held that the petitioner voluntarily and knowingly waived an opportunity to withdraw his guilty pleas, despite the sentencing judge's remarks.
• United States ex rel. John Mascia v. Hon. John Zelker
  450 F.2d 166· 2d Cir.· 1971-10-22 ·cited 2×
  A guilty plea, entered with effective counsel, waives most constitutional claims, including those arising from a co-defendant's confession, unless the coercion has an 'abiding impact' on the plea.
• Smith v. Cady
  452 F.2d 141· 7th Cir.· 1971-10-05 ·cited 2×
  The court held that the petitioner waived his right to challenge the juvenile waiver proceedings by pleading guilty in adult court with the assistance of competent counsel.
• Carter v. State
  253 So. 2d 731· Fla. 1st DCA· 1971-10-05 ·cited 2×·via Knowing And Voluntary Plea
  Florida appellate court affirmed denial of motion to vacate guilty plea to manslaughter, holding that the defendant's plea was knowing and voluntary based on the trial court colloquy.
• Wade v. State OF Cal.
  450 F.2d 726· 9th Cir.· 1971-10-04 ·cited 2×
  A guilty plea, even if motivated by a coerced confession, is not invalid if the defendant received competent counsel and the plea itself was voluntary and intelligent under the law existing at the time.
• United States v. Smith
  448 F.2d 726· 4th Cir.· 1971-09-29 ·cited 2×
  A guilty plea, if voluntary and knowing, is binding even if later case law might have supported a different outcome.
• Hayes v. Smith
  447 F.2d 488· 5th Cir.· 1971-08-16 ·cited 2×
  A knowing and voluntary guilty plea waives all prior non-jurisdictional defects, including those alleged by the appellant.
• Surrette v. State
  251 So. 2d 149· Fla. 2d DCA· 1971-07-30 ·cited 2×
  Theodore Surrette appealed the denial of his Rule 1.850 motion to vacate his sentence for two counts of second-degree murder, arguing various grounds including conflict of interest arising from his original counsel becoming an assistant state attorney, improper disclosure of psyc
• Maddox v. Sigler
  445 F.2d 269· 8th Cir.· 1971-07-13 ·cited 2×
  The court held that the appellant's guilty plea was voluntary and knowingly made, and that he received effective assistance of counsel.
• Ruiz v. Beto
  445 F.2d 811· 5th Cir.· 1971-06-28 ·cited 2×·via Knowing And Voluntary Plea
  The court held that the appellant's contentions regarding ineffective assistance of counsel, voluntary guilty plea, and the need for an evidentiary hearing were without merit.
• West v. State
  249 So. 2d 779· Fla. 2d DCA· 1971-06-23 ·cited 2×
  Allan C. West appeals the denial of his motion to vacate a guilty plea and sentence for attempted jail escape. The appellate court affirmed the trial court's finding that West's plea was voluntary and knowing, rejecting his claim that he pleaded guilty due to alleged harassment b
• Alford Cunningham v. Wingo
  443 F.2d 195· 6th Cir.· 1971-05-28 ·cited 2×
  The court held that cruel treatment in jail, while occurring, did not coerce the appellant's guilty plea, and the plea was voluntary. The appellant's primary contention regarding a misunderstanding of the total sentence length was not supported by the evidence.
• Hunt v. Nelson
  440 F.2d 58· 9th Cir.· 1971-03-23 ·cited 2×
  The court held that the appellant's guilty pleas were not rendered involuntary or constitutionally invalid by a prior coerced confession or by a meeting with the district attorney in the absence of counsel.
• United States ex rel. Richard F. Sniffen v. Hon. Harold W. Follette
  439 F.2d 1082· 2d Cir.· 1971-03-18 ·cited 2×
  The court held that the appellant failed to show the sentencing judge did not warn him of the potential consequences of a statute imposing a greater sentence for being armed.
• Anderson v. State
  245 So. 2d 90· Fla. 1st DCA· 1971-03-04 ·cited 2×
  The court held that the trial court substantially complied with the requirements for accepting a guilty plea, even if the mechanics were not explicitly detailed in the record.
• Burton v. United States
  438 F.2d 1089· 6th Cir.· 1971-02-25 ·cited 2×
  The court held that the petitioner's claims of coerced guilty plea due to fear of the death penalty were not credible and were contradicted by the record, thus denying relief under 28 U.S.C. § 2255.
• Woodson v. Lou V. Brewer
  437 F.2d 1036· 8th Cir.· 1971-02-09 ·cited 2×
  The court held that the appellant's guilty plea was voluntary, despite procedural irregularities, and that newly discovered evidence of another person's confession does not warrant federal habeas corpus relief.
• Weaver v. United States
  437 F.2d 431· 8th Cir.· 1971-02-02 ·cited 2×
  The court held that the petitioner's guilty plea was voluntary and the Rule 20 proceeding was validly conducted.
• Hutson v. United States
  437 F.2d 415· 9th Cir.· 1971-01-21 ·cited 2×
  The court held that the district court's findings of fact and conclusions of law were sufficient to satisfy the requirements of 28 U.S.C. § 2255.
• Moore v. State
  241 So. 2d 868· Fla. 1st DCA· 1970-12-15 ·cited 2×
• Lupo v. United States
  435 F.2d 519· 8th Cir.· 1970-12-11 ·cited 2×
  A district court may deny an evidentiary hearing on a § 2255 motion if the files and records conclusively show the prisoner is entitled to no relief, even if a transcript is lost, provided no prejudice is shown.
• McCRANIE v. State
  242 So. 2d 202· Fla. 3d DCA· 1970-12-08 ·cited 2×
  Dennis Barnes McCranie, Margie Barnes McCranie, and James Randall McCranie appealed convictions for selling and possessing narcotic drugs (hashish and marijuana). The appellate court affirmed the convictions and sentences, finding the evidence sufficient, the guilty plea voluntar
• Wiggins v. Smith
  434 F.2d 245· 5th Cir.· 1970-11-30 ·cited 2×
  The court held that the district court correctly denied the habeas corpus petition, affirming the state court's findings.
• Satchfield v. United States
  450 F.2d 284· 5th Cir.· 1970-11-17 ·cited 2×
  A guilty plea is invalid if the defendant does not know the maximum possible penalty for the offense, regardless of whether the information came from the judge or another source.
• Darl Dee Parker v. United States
  433 F.2d 15· 7th Cir.· 1970-10-29 ·cited 2×
  A voluntary and intelligent guilty plea, made under the law applicable at the time, is not rendered invalid by subsequent judicial decisions that declare a portion of the statute under which the plea was entered unconstitutional.
• United States ex rel. Francis Monahan v. McMANN
  432 F.2d 778· 2d Cir.· 1970-09-23 ·cited 2×·via Involuntary Plea
  A guilty plea can only be collaterally attacked if counsel's advice was incompetent, which was not alleged here.
• Earnest Norman v. United States
  429 F.2d 1310· 9th Cir.· 1970-08-04 ·cited 2×·via Knowing And Voluntary Plea
  The denial of a writ of coram nobis is affirmed because the rule in McCarthy v. United States is not retroactive.
• Kearns v. Field
  432 F.2d 68· 9th Cir.· 1970-07-29 ·cited 2×·via Involuntary Plea
  The judgment must be reversed because the state court record, crucial for determining if the guilty plea was induced by an unfulfilled promise, was not provided to the district court.
• United States v. Wells
  430 F.2d 225· 9th Cir.· 1970-07-27 ·cited 2×
  The court held that the appellant waived his rights by knowingly acting after being aware of the relevant circumstances and consequences.
• Gilinsky v. United States
  430 F.2d 1292· 9th Cir.· 1970-07-27 ·cited 2×
  The court affirmed the district court's dismissal of the defendant's motion, finding the allegations insufficient to warrant relief.
• Kincaid Wilson v. State OF N.C.
  429 F.2d 622· 4th Cir.· 1970-07-15 ·cited 2×
  A guilty plea is not rendered involuntary solely because it was induced by the defendant's desire to avoid the maximum penalty, provided the plea was otherwise knowing, intelligent, and voluntary.
• Oma D. Claunch, Jr. v. Page
  427 F.2d 841· 10th Cir.· 1970-06-15 ·cited 2×
  The court held that the petitioner's voluntary guilty plea, entered with competent counsel, waived any prior procedural defects in the juvenile certification proceedings.
• Burke v. United States
  427 F.2d 465· 10th Cir.· 1970-06-12 ·cited 2×
  The court held that the trial court did not err in denying an evidentiary hearing on a § 2255 petition when the issues raised were either resolved by the existing record, previously decided, or demonstrably inaccurate.
• Emmet Earl Burns v. Wingo
  426 F.2d 227· 6th Cir.· 1970-05-14 ·cited 2×
  The court held that the appellant had exhausted his state remedies by raising the factual issue of the voluntariness of his guilty plea before the state courts.
• Daugherty v. United States
  426 F.2d 263· 6th Cir.· 1970-05-14 ·cited 2×·via Involuntary Plea
  A petitioner is entitled to an evidentiary hearing if their allegations, if true, would entitle them to relief, even without naming witnesses or detailing evidence.
• Gibson v. Louie L. Wainwright
  423 F.2d 1110· 5th Cir.· 1970-03-31 ·cited 2×
  The court held that the district court's credibility determination regarding the voluntariness of the guilty plea was not clearly erroneous.
• Calletano Cisneros, Jr. v. Beto
  423 F.2d 201· 5th Cir.· 1970-03-16 ·cited 2×
  A habeas corpus petitioner who pleads guilty does not require an evidentiary hearing if the plea was voluntary and understood.
• Payne v. United States
  422 F.2d 376· 3d Cir.· 1970-03-06 ·cited 2×
  The court held that the defendant's guilty pleas were voluntary and he received effective representation, thus denying his petition for a writ of error coram nobis.
• Aguilar v. Field
  423 F.2d 271· 9th Cir.· 1970-03-06 ·cited 2×·via Knowing And Voluntary Plea
  The court held that the trial court did not err in denying a habeas corpus petition without a hearing because the allegations did not establish a need for one.
• Edwards v. United States
  422 F.2d 856· 6th Cir.· 1970-02-12 ·cited 2×
  A district court's order denying a motion to vacate a sentence under 28 U.S.C. § 2255 is affirmed when the claims of illegal sentence due to parole board rulings and coerced guilty plea are without merit.
• Bocchino v. Wainwright
  231 So. 2d 238· Fla. 3d DCA· 1970-02-03 ·cited 2×
  The court held that the petitioner's habeas corpus petition should be denied, and affirmed the trial court's order denying relief.