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

• Goodman v. Lainson
  182 F.2d 814· 8th Cir.· 1950-06-15 ·cited 2×
  A federal court may entertain a habeas corpus petition from a state prisoner who has exhausted all available state remedies, even without showing exceptional circumstances of peculiar urgency.
• Dainard v. Johnston
  149 F.2d 749· 9th Cir.· 1945-06-07 ·cited 2×
  The court held that the failure to present the petitioner before a magistrate did not invalidate his guilty plea and sentence, as he was otherwise afforded his constitutional rights.
• Romerio L. Walker, SR. v. State
  Fla. 6th DCA· 2026-05-22 ·cited 1×·via Involuntary Plea
  When a defendant alleges ineffective assistance of counsel for failing to preserve a right to appeal, the trial court must conduct an evidentiary hearing if the record does not conclusively refute the defendant's allegations that he would not have pleaded guilty but for counsel's
• Glaubius v. State
  401 So. 3d 580· Fla. 2d DCA· 2025-01-03 ·cited 1×·via Involuntary Plea
  DUI manslaughter and vehicular homicide are separate offenses under the Blockburger test and may be imposed for a single death; the single homicide rule is no longer applicable under Florida law. Special conditions of probation not orally pronounced at sentencing must be stricken
• Derrick v. Hoskin
  341 So. 3d 443· Fla. 3d DCA· 2022-06-15 ·cited 1×·via Involuntary Plea
  A postconviction motion to withdraw a plea based on ineffective assistance of counsel that is untimely under Rule 3.170(l) (30-day deadline) may be timely and cognizable under Rule 3.850(a)(5) (two-year deadline), and the trial court must consider it under the latter rule rather
• Keenya Young v. State
  Fla. 3d DCA· 2020-11-18 ·cited 1×·via Knowing And Voluntary Plea
  A motion for postconviction relief is barred when filed outside the two-year time limitation under Florida Rule of Appellate Procedure 3.850, and a guilty plea waives the right to challenge pre-plea court rulings and constitutional defects.
• Mikkia Lewis v. State
  306 So. 3d 399· Fla. 5th DCA· 2020-11-12 ·cited 1×·via Involuntary Plea
• Jamerson v. State
  291 So. 3d 638· Fla. 5th DCA· 2020-02-27 ·cited 1×·via Voluntary And Intelligent Guilty Plea
  John Jamerson pleaded no contest to firearm and evidence tampering charges and appealed the trial court's denial of his motion to suppress un-Mirandized statements. The court affirmed despite recognizing that the trial judge affirmatively misled Jamerson into believing he could a
• Milliron v. State
  274 So. 3d 1173· Fla. 1st DCA· 2019-06-07 ·cited 1×
  An appellate court lacks jurisdiction to review an order denying a motion to suppress when the defendant enters a plea without obtaining a trial court ruling that the order is dispositive of all convictions and without limiting the appeal to only those charges for which the order
• Vito v. State
  270 So. 3d 1287· Fla. 1st DCA· 2019-05-21 ·cited 1×
  A defendant who fails to raise the argument in his motion to withdraw a guilty plea that the trial court did not comply with Rule 3.172(c) does not preserve that argument for appeal. Even if preserved, the failure to follow Rule 3.172 procedures does not render a plea void absent
• Culver v. State
  264 So. 3d 1101· Fla. 2d DCA· 2019-02-15 ·cited 1×·via Involuntary Plea
  Donald Culver challenges the trial court's summary denial of his motion to withdraw his guilty plea to a probation violation, alleging that his defense counsel misrepresented the credits he would receive and the effect of the plea deal. The appellate court reversed and remanded,
• Cendejas v. State
  250 So. 3d 851· Fla. 2d DCA· 2018-07-13 ·cited 1×·via Involuntary Plea
  A signed, written plea agreement is insufficient by itself to conclusively refute a defendant's claim that his plea was involuntary due to counsel's misadvice regarding sentence terms; a transcript of the plea colloquy is necessary to determine whether the defendant understood th
• Smith v. State
  249 So. 3d 1284· Fla. 1st DCA· 2018-06-22 ·cited 1×·via Knowing And Voluntary Plea
  Appellant challenges the trial court's summary denial of his pro se motion to withdraw a nolo contendere plea in a felony theft case, arguing that his allegations of inadequate counsel regarding his sentence created an adversarial relationship entitling him to conflict-free couns
• Larson v. State
  247 So. 3d 26· Fla. 2d DCA· 2018-04-20 ·cited 1×
  The mandatory consecutive sentencing requirement of Florida Statute § 921.16(1)—which requires sentences for offenses not charged in the same information to be served consecutively unless the court directs otherwise—constitutes a direct consequence of a plea that a defendant must
• Tubbs v. State
  229 So. 3d 1256· Fla. 1st DCA· 2017-11-08 ·cited 1×·via Involuntary Plea
  Jerald Tubbs appeals the denial of his motion to withdraw a guilty plea, arguing the plea was involuntary because the trial court conditioned acceptance of the negotiated plea on his waiver of appellate rights. The appellate court reversed, holding that Tubbs stated a facially su
• Moody v. State
  210 So. 3d 748· Fla. 5th DCA· 2017-02-10 ·cited 1×·via Involuntary Plea
  The court held that the defendant was entitled to an evidentiary hearing on his motion to withdraw his nolo contendere plea because he sufficiently alleged an involuntary plea due to a Brady violation.
• Rhodes v. Target Corp.
  268 F. Supp. 674· M.D. Fla.· 2016-02-26 ·cited 1×
  The court held that severance of the plaintiffs' claims was warranted because, despite meeting the technical requirements for joinder, the claims arose from distinct factual circumstances and would lead to prejudice and inefficiency if tried together.
• Hypes v. State
  163 So. 3d 745· Fla. 1st DCA· 2015-05-04 ·cited 1×
  A trial court must permit a defendant to withdraw a guilty plea before sentencing if the defendant establishes good cause, such as entering the plea based on erroneous legal advice from counsel.
• Davis v. State
  139 So. 3d 932· Fla. 2d DCA· 2014-05-23 ·cited 1×·via Involuntary Plea
  Robert Davis appealed the denial of his motion to withdraw his guilty plea under Florida Rule of Criminal Procedure 3.850, claiming his plea was involuntary because he was under the influence of heavy psychotropic medication. The court affirmed the denial of two grounds but rever
• Morales v. State
  69 So. 3d 1086· Fla. 2d DCA· 2011-09-23 ·cited 1×·via Involuntary Plea
  Jose Luis Morales appealed the denial of his Rule 3.850 postconviction motion, claiming his guilty plea was involuntary due to counsel's misadvice about his sentence length. The court reversed and remanded on the claim regarding counsel's misrepresentation of gaintime credits, fi
• O'Hearn v. State
  67 So. 3d 374· Fla. 4th DCA· 2011-07-27 ·cited 1×
  The court affirmed the denial of the motion to correct an illegal sentence but without prejudice, allowing the defendant to file a motion to enforce a plea agreement.
• D.J.P., JR. v. State
  67 So. 3d 1077· Fla. 2d DCA· 2011-07-08 ·cited 1×·via Involuntary Plea
  A defendant who enters a plea while reserving the right to appeal the denial of a pretrial motion may not appeal that denial unless the trial court expressly found the motion to be dispositive, and the State's representations that other evidence existed to prove the charges defea
• Carruthers v. State
  42 So. 3d 337· Fla. 4th DCA· 2010-08-18 ·cited 1×·via Involuntary Plea
  Joseph Carruthers appealed the summary denial of his Rule 3.850 postconviction relief motion challenging his nolo contendere plea to a habitual felony offender conviction with a mandatory minimum prison sentence. The Fourth District reversed, finding that certain claims regarding
• Jones v. State
  25 So. 3d 681· Fla. 1st DCA· 2010-01-15 ·cited 1×
• Rances Gonzalez-Castro v. State
  22 So. 3d 94· Fla. 3d DCA· 2009-07-08 ·cited 1×
  Gonzalez-Castro appealed the denial of his motion to withdraw a guilty plea for failing to register as a sex offender, claiming he was under a misimpression about his sentence length. The court affirmed the trial court's denial, finding the plea transcript conclusively refuted hi
• Deck v. State
  985 So. 2d 1234· Fla. 2d DCA· 2008-07-18 ·cited 1×·via Involuntary Plea
  Danny K. Deck appeals the summary denial of his Rule 3.850 postconviction motion raising thirteen grounds for relief. The court affirmed summary denials of some grounds but reversed and remanded several others, finding that Deck stated facially sufficient claims for ineffective a
• Lopez v. State
  987 So. 2d 750· Fla. 3d DCA· 2008-07-09 ·cited 1×·via Involuntary Plea
  Raymond Lopez appealed the trial court's denial of his successive motion for post-conviction relief, in which he alleged ineffective assistance of counsel regarding scoresheet errors and guideline calculations that allegedly rendered his guilty plea involuntary. The appellate cou
• DeMONIA v. State
  966 So. 2d 22· Fla. 2d DCA· 2007-08-10 ·cited 1×·via Involuntary Plea
  The court held that the record did not conclusively refute the defendant's claim that her counsel's misadvice rendered her plea involuntary, requiring an evidentiary hearing.
• Rivera v. State
  954 So. 2d 695· Fla. 4th DCA· 2007-04-18 ·cited 1×
  Robert Rivera appealed his fifteen-year sentence imposed following a guilty plea, claiming his attorney coerced him into pleading guilty without adequate explanation and that he did not understand the consequences. The trial court improperly struck his pro se motions without hold
• Carter v. State
  920 So. 2d 129· Fla. 4th DCA· 2006-01-25 ·cited 1×·via Involuntary Plea
• Gregg v. State
  839 So. 2d 794· Fla. 4th DCA· 2003-02-19 ·cited 1×·via Involuntary Plea
  The court held that the appellant's allegations stated a sufficient claim for withdrawal of his plea due to being based on a mistaken understanding of the sentencing range, and that counsel may have been ineffective.
• AMENDMENT TO THE FLA. RULES OF APP. PROCEDURE (RULE 9.142)
  837 So. 2d 911· Fla.· 2002-10-31 ·cited 1×·via Involuntary Plea
  The Florida Supreme Court adopted a new appellate rule, Rule 9.142, to establish unified procedures governing review of death penalty cases, consolidating direct appeal procedures and creating a new mechanism for reviewing nonfinal orders in death penalty postconviction proceedin
• Rodriguez v. State
  792 So. 2d 600· Fla. 2d DCA· 2001-08-15 ·cited 1×·via Involuntary Plea
• Brown v. State
  787 So. 2d 170· Fla. 2d DCA· 2001-05-09 ·cited 1×·via Involuntary Plea
  The court held that the claim of an involuntary plea due to counsel's assurance is facially sufficient and requires an evidentiary hearing. The claim regarding the failure to timely file a notice of appeal is moot as a belated appeal was granted.
• Fernandez v. State
  780 So. 2d 336· Fla. 3d DCA· 2001-03-28 ·cited 1×·via Involuntary Plea
  The court held that the trial court's admonishment regarding potential deportation consequences was insufficient and reversed the denial of the motion for post conviction relief.
• Hunter v. State
  732 So. 2d 10· Fla. 3d DCA· 1999-04-21 ·cited 1×·via Involuntary Plea
  Tony Hunter appealed an order denying his motion to correct an allegedly illegal sentence under Florida Rule of Criminal Procedure 3.800(a). The court affirmed the denial, holding that Hunter's claim was procedurally barred as a Rule 3.850 motion challenging involuntariness of hi
• Carlron Calhoun v. State
  722 So. 2d 854· Fla. 2d DCA· 1998-11-18 ·cited 1×
  Calhoun appeals the denial of his Rule 3.850 postconviction motion claiming ineffective assistance of counsel regarding his plea. The appellate court reverses the trial court's summary denial of his ineffective assistance claim and remands for reconsideration, finding the claim i
• Bernetta Williams v. State
  730 So. 2d 704· Fla. 2d DCA· 1998-04-24 ·cited 1×
• Gooberman v. State
  697 So. 2d 1014· Fla. 4th DCA· 1997-08-13 ·cited 1×·via Involuntary Plea
  Court affirmed denial of post-conviction relief, holding that challenges to DOC gain-time rules must proceed by mandamus petition after administrative exhaustion, not by rule 3.850 motion, and that counsel was not ineffective for failing to anticipate future regulatory changes.
• Hill v. State
  639 So. 2d 195· Fla. 2d DCA· 1994-07-13 ·cited 1×
  The court held that the trial court erred in treating a motion for postconviction relief as an untimely motion for correction of sentence under rule 3.800(b) instead of a motion under rule 3.850. The court reversed and remanded for consideration of the timely filed motion.
• Ortiz v. State
  622 So. 2d 131· Fla. 3d DCA· 1993-08-03 ·cited 1×·via Involuntary Plea
• Linnen v. Troopers John Armainis
  991 F.2d 1102· 3d Cir.· 1993-04-09 ·cited 1×
  A guilty plea does not automatically preclude a subsequent § 1983 claim challenging the legality of a search and seizure, and a stay is appropriate pending resolution of a related state post-conviction appeal.
• Adams v. R.S. Peterson
  939 F.2d 1369· 9th Cir.· 1991-07-30 ·cited 1×
  The dissent argues that the defendant's stipulation to facts mirroring the indictment constituted a de facto guilty plea, requiring the protections of Boykin v. Alabama, which were not afforded.
• Augustine L. Perez v. State
  430 So. 2d 553· Fla. 2d DCA· 1983-04-29 ·cited 1×·via Involuntary Plea
  The court held that the trial court erred by failing to conduct an evidentiary hearing or attach record portions refuting the allegations of ineffective assistance of counsel and involuntary plea.
• Neal v. Wainwright
  512 F. Supp. 92· M.D. Fla.· 1981-03-23 ·cited 1×·via Knowing And Voluntary Plea
  The court held that the petitioner was denied effective assistance of counsel because his attorney failed to adequately inform him of the charges, potential defenses, and the elements of the crime, rendering his guilty plea unknowing and involuntary.
• Lawrence v. State
  392 So. 2d 57· Fla. 5th DCA· 1981-01-07 ·cited 1×
• Thomas v. State
  299 So. 2d 130· Fla. 3d DCA· 1974-03-26 ·cited 1×·via Knowing And Voluntary Plea
  Willie B. Thomas appeals his guilty plea conviction for grand larceny, arguing the record fails to show the plea was knowingly and voluntarily made. The Florida appellate court affirmed the judgment but held that challenges to the adequacy of guilty plea proceedings should be bro
• Lopez v. State
  291 So. 2d 229· Fla. 4th DCA· 1974-03-15 ·cited 1×
  A defendant's guilty plea to manslaughter is valid where the record affirmatively shows it was intelligently and understandably entered without misapprehension, ignorance, fear, or inducement.
• Stovall v. State
  252 So. 2d 376· Fla. 4th DCA· 1971-09-17 ·cited 1×
  The trial court did not err in accepting the defendant's nolo contendere plea because the court conducted a thorough inquiry into its voluntariness and the defendant's understanding of its consequences.
• United States v. Johnson
  432 F.2d 1359· 9th Cir.· 1970-11-18 ·cited 1×