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

• Johnson v. Louie L. Wainwright
  230 So. 2d 700· Fla. 1st DCA· 1970-02-03 ·cited 2×
  Johnson seeks habeas corpus review of a denied Rule 1.850 motion attacking his guilty plea as involuntary. The First District Court of Appeal holds it lacks jurisdiction and dismisses the petition, directing Johnson to the proper appellate forum.
• Huguenot v. State
  230 So. 2d 488· Fla. 1st DCA· 1970-01-20 ·cited 2×
  Huguenot was convicted on a guilty plea for attempted escape and sought to vacate his conviction, arguing his plea was psychologically coerced when the public defender informed him of the maximum ten-year penalty. The appellate court affirmed the conviction, holding that informin
• United States ex rel. Robert T. Burke v. Mancusi
  425 F.2d 1061· 2d Cir.· 1970-01-06 ·cited 2×
  The court held that the appellant's subsequent habeas corpus petition was properly dismissed under 28 U.S.C. § 2244(b) as it did not present a new ground not previously adjudicated and the appellant had not shown justification for failing to raise the issue earlier.
• Stevens v. Page
  420 F.2d 933· 10th Cir.· 1969-12-30 ·cited 2×·via Knowing And Voluntary Plea
  The court held that the petitioner's Sixth Amendment right to effective assistance of counsel was not violated, nor did he enter his guilty pleas unknowingly.
• Palomino v. United States
  420 F.2d 965· 9th Cir.· 1969-12-23 ·cited 2×
  The court held that the appellant's unawareness of his ineligibility for probation, suspension of sentence, or parole at the time of his guilty plea did not entitle him to an evidentiary hearing or relief, as the relevant precedent was not retroactive to his plea date.
• Frank v. Esposito
  415 F.2d 1112· 9th Cir.· 1969-08-19 ·cited 2×
  The court held that the heroin conviction motion requires a hearing in light of new precedent, and the marihuana convictions must be remanded for hearings on the voluntariness of the guilty pleas.
• Ross v. Louie L. Wainwright
  224 So. 2d 779· Fla. 1st DCA· 1969-07-22 ·cited 2×
  Eugene Vincent Ross, a convicted rapist, challenged his guilty plea and life sentence through a motion to vacate under Florida criminal procedure rules. The court affirmed the denial of his motion, finding both procedural grounds for dismissal due to untimely brief filing and no
• Snowden v. Smith
  413 F.2d 94· 7th Cir.· 1969-07-07 ·cited 2×
  A defendant's waiver of rights under Rule 20 is not rendered involuntary if the defendant is later informed of their rights and the consequences of a guilty plea at sentencing, even if counsel was absent during the initial consent.
• Cole v. State
  413 F.2d 1046· 5th Cir.· 1969-07-02 ·cited 2×
  The court held that a pre-Miranda confession's admissibility is determined by its voluntariness, and the absence of counsel does not per se invalidate it.
• McCALL v. State
  224 So. 2d 370· Fla. 4th DCA· 1969-06-30 ·cited 2×
  A defendant is entitled to a hearing on a motion to vacate a conviction if they raise factual questions about a coerced guilty plea or unrefuted claims of coercion.
• Odell Bennett v. United States
  411 F.2d 980· 6th Cir.· 1969-05-22 ·cited 2×
  The court affirmed the district court's judgment, finding no merit in the defendant's claims regarding his conviction or the denial of his motion to withdraw his guilty plea.
• State OF La. ex rel. James Gwin v. Hayden J. Dees
  410 F.2d 321· 5th Cir.· 1969-04-25 ·cited 2×
  The court held that a habeas corpus petition is without merit when the petitioner's guilty plea was voluntary, despite an erroneous statement of the maximum sentence by the trial judge and prosecutor, because the petitioner was represented by experienced counsel and did not objec
• Edwards v. State
  221 So. 2d 446· Fla. 4th DCA· 1969-04-21 ·cited 2×
  The appellate court affirmed a conviction for lewd and lascivious assault. The defendant's guilty plea was deemed voluntary, and the court rejected his challenge to the constitutionality of the Child Molester Act.
• Nesbitt v. United States
  407 F.2d 397· 6th Cir.· 1969-03-05 ·cited 2×
  A defendant cannot later claim their guilty plea was involuntary if the record shows the sentencing judge meticulously ensured the plea was voluntary and informed.
• McCUNE v. United States
  406 F.2d 417· 6th Cir.· 1969-02-04 ·cited 2×
  The court held that the district court erred in denying the motion without a hearing because the record did not conclusively show that the defendant understood the consequences of his guilty plea and waiver under Rule 20 and Rule 11.
• Jones v. Baker
  406 F.2d 739· 10th Cir.· 1969-01-29 ·cited 2×
  The court held that the appointment of a part-time municipal magistrate as joint counsel for a criminal defendant did not, per se, create a conflict of interest violating federal constitutional rights.
• United States ex rel. William Heirens v. Pate
  405 F.2d 449· 7th Cir.· 1968-12-27 ·cited 2×
  The court held that the petitioner's guilty pleas were intelligent and voluntary, and the district court did not err in denying the habeas corpus petition without an evidentiary hearing.
• Johns v. United States
  401 F.2d 895· 5th Cir.· 1968-10-23 ·cited 2×
  The court held that the district court did not err in denying the motion to vacate sentence based on the files and records.
• Woollard v. United States
  416 F.2d 50· 5th Cir.· 1968-09-08 ·cited 2×
  The court held that 18 U.S.C. § 1111 is constitutional and a second motion to vacate sentence was properly denied pending appeal.
• Efran Vizcarra-Delgadillo v. United States
  395 F.2d 70· 9th Cir.· 1968-04-26 ·cited 2×
  The court held that the defendant received effective assistance of counsel, as the attorney's investigation, though limited, was sufficient given the circumstances and the client's admissions.
• Fenstermaker v. United States
  392 F.2d 554· 9th Cir.· 1968-04-02 ·cited 2×
  The court held that a guilty plea waives the right to challenge the admissibility of evidence, and that claims of involuntary plea and ineffective assistance of counsel were not supported by the record.
• Kinney v. United States
  391 F.2d 901· 1st Cir.· 1968-03-27 ·cited 2×
  A defendant cannot withdraw a guilty plea based solely on dissatisfaction with the sentence or the outcome after making a rational choice to plead guilty.
• Baez v. Feliz Rodriguez
  381 F.2d 35· 10th Cir.· 1967-07-24 ·cited 2×
  The court held that prior procedural defects were waived by the voluntary entry of a guilty plea.
• Ramsey v. State
  198 So. 2d 849· Fla. 2d DCA· 1967-05-19 ·cited 2×
  The appellate court affirmed the denial of a motion to vacate judgment and sentence, finding no evidence that the appellant was arraigned without counsel or that his guilty plea was involuntary. The court relied on the transcript of the arraignment showing the appellant was repre
• United States ex rel. Guiseppe LO Piccolo v. Hon. J. Edwin LaVALLEE
  377 F.2d 221· 2d Cir.· 1967-05-05 ·cited 2×
  The court held that the denial of a further hearing and the finding that the plea was voluntary were proper.
• Myers v. United States
  375 F.2d 515· 6th Cir.· 1967-04-18 ·cited 2×
  The court held that failing to specifically inform a defendant of the maximum possible incarceration under the Youth Corrections Act before accepting a guilty plea does not violate constitutional rights if the defendant was otherwise advised and not misled.
• Harrell v. United States
  371 F.2d 160· 7th Cir.· 1967-01-05 ·cited 2×
  The court held that the petitioner's guilty plea was knowingly and voluntarily entered, and the record contradicted his claims of coercion and unfulfilled promises.
• Fultz v. United States
  365 F.2d 404· 6th Cir.· 1966-07-29 ·cited 2×
  The court held that the district judge should have conducted an evidentiary hearing on the petition to vacate the sentence, rather than denying it outright.
• Lynch v. United States
  362 F.2d 252· 9th Cir.· 1966-05-24 ·cited 2×
  The appellate court affirmed the district court's denial of the motion to vacate judgment and sentence, finding no constitutional violations.
• Foster v. United States
  359 F.2d 497· 8th Cir.· 1966-05-03 ·cited 2×
  The court held that ineffective assistance of counsel is immaterial to the validity of a voluntary and understanding guilty plea, and affirmed the denial of the habeas corpus petition.
• France v. United States
  358 F.2d 946· 10th Cir.· 1966-04-04 ·cited 2×
  The court held that the appellant failed to present sufficient evidence to support his claim of mental incompetence or narcotic influence at the time of his guilty plea.
• Schiebelhut v. United States
  357 F.2d 743· 6th Cir.· 1966-03-18 ·cited 2×
  The court should reverse the denial of the petition for a hearing.
• Howell v. United States
  355 F.2d 173· 10th Cir.· 1966-01-14 ·cited 2×
  A motion to vacate a sentence under 28 U.S.C.A. § 2255 requires an evidentiary hearing unless the files and records conclusively show the petitioner is not entitled to relief.
• Williams v. COX
  355 F.2d 667· 10th Cir.· 1965-12-21 ·cited 2×
  The court held that the evidence supported the trial court's findings that the defendant was represented by counsel of his choice, competently waived his right to a preliminary examination, and voluntarily entered a plea of guilty to second-degree murder.
• Rakes v. United States
  352 F.2d 518· 4th Cir.· 1965-11-02 ·cited 2×
  The court held that the district court properly denied Rakes' motions to vacate his prior convictions.
• Smith v. United States
  347 F.2d 505· 7th Cir.· 1965-06-16 ·cited 2×
  A voluntary guilty plea, even if preceded by an inadmissible confession, is not grounds to vacate a sentence.
• Gillen v. State
  172 So. 2d 1· Fla. 2d DCA· 1965-02-17 ·cited 2×
  John Patrick Gillen appeals the denial of his motion to vacate his guilty plea and sentence for robbery and larceny, arguing he was deprived of effective assistance of counsel. The Florida District Court of Appeal affirmed the lower court's denial of the motion, finding that the
• Burleson v. United States
  340 F.2d 387· 8th Cir.· 1965-01-25 ·cited 2×
  The court held that the appellant's allegations regarding beatings, withholding of medical attention, and assurances about his sentence were sufficiently detailed to warrant a hearing on the voluntariness of his guilty plea.
• Buford v. United States
  337 F.2d 439· 7th Cir.· 1964-09-28 ·cited 2×
  A defendant's motive to seek hospitalization for drug treatment does not render a voluntary and knowing guilty plea involuntary.
• Arley Ward v. Page
  336 F.2d 602· 10th Cir.· 1964-09-04 ·cited 2×
  The court held that the trial court erred by failing to make findings on the voluntary nature of the guilty plea.
• Suarez v. United States
  333 F.2d 366· 5th Cir.· 1964-06-26 ·cited 2×
  The court held that a motion to vacate sentence under 28 U.S.C. § 2255 was properly denied because the sentence was based on a voluntary guilty plea, and any defects in the complaint or warrant were cured by a subsequent sufficient indictment.
• Johnson v. State
  165 So. 2d 187· Fla. 2d DCA· 1964-06-12 ·cited 2×
  Johnson appeals an order denying his motion for post-conviction relief claiming he was tried and convicted without counsel and was indigent. The court reverses, holding that when a trial court goes beyond a motion's allegations to examine the underlying record and finds no eviden
• United States v. Sammara
  330 F.2d 1· 3d Cir.· 1964-04-02 ·cited 2×
  The court held that the district court did not err in denying the defendant's motion to withdraw his guilty plea, as it was entered voluntarily and with full understanding.
• Holt v. United States
  329 F.2d 368· 7th Cir.· 1964-02-11 ·cited 2×
  The court held that the district court did not err in accepting the petitioner's guilty pleas, nor in its determination of his mental competency to stand trial.
• Koenig v. Willingham
  324 F.2d 62· 6th Cir.· 1963-11-14 ·cited 2×
  The court held that the appellant was not denied his constitutional right to a speedy trial and that his guilty plea was voluntary, thus affirming the denial of his § 2255 motion.
• Habich v. Cochran
  148 So. 2d 5· Fla.· 1962-10-31 ·cited 2×
  Ronald Albert Habich, a minor at the time of trial, petitioned for habeas corpus challenging his conviction for grand larceny on grounds that he was denied counsel and his parents were not properly notified as required by Florida law. The Florida Supreme Court, relying on a commi
• Malone v. United States
  295 F.2d 77· 10th Cir.· 1961-10-05 ·cited 2×
  The court held that the defendant's motion to vacate his sentence was properly denied because the record conclusively showed no promises were made to induce his guilty plea.
• Johnson v. United States
  267 F.2d 813· 9th Cir.· 1959-06-24 ·cited 2×
  The court held that the appellant's appeal was frivolous and that the trial court's findings against him were supported by overwhelming evidence.
• Mockford v. United States
  251 F.2d 857· 5th Cir.· 1958-02-06 ·cited 2×
  The court held that the defendant's guilty plea and waiver of counsel were voluntary and intelligent, and the district court did not err in denying his motion to vacate the judgment and sentence.
• Williams v. Swope
  186 F.2d 897· 9th Cir.· 1951-01-22 ·cited 2×·via Voluntary And Intelligent Guilty Plea
  The court held that the petitioner intelligently and voluntarily waived his right to counsel, and the sentencing judge fulfilled his duty to protect the petitioner's constitutional rights.