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
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Appellant Jones challenged his guilty pleas to robbery and aggravated assault, claiming they were coerced by his public defender and the prosecutor. The appellate court affirmed the denial of his motion to vacate, holding that guilty pleas resulting from plea bargains negotiated
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D.D.C.·
1970-06-29
·cited 1×
An allegation of a coerced confession does not warrant a hearing on collateral attack of a guilty plea entered with counsel's assistance.
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421 F.2d 184·
5th Cir.·
1969-12-22
·cited 1×
The court held that a guilty plea waives all prior non-jurisdictional defects, and affirmed the denial of the habeas corpus petition.
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402 F.2d 58·
9th Cir.·
1968-10-17
·cited 1×
The court held that the defendant's guilty plea was not rendered involuntary by the judge's statements, and the judge was not disqualified from ruling on the motion.
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192 So. 2d 511·
Fla. 1st DCA·
1966-12-06
·cited 1×
The court held that the appellant's allegations were sufficient to raise the issue of the voluntariness of his plea, entitling him to an evidentiary hearing.
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A claim of involuntary plea must be preserved by a motion to withdraw the plea, even where the error is alleged to be fundamental.
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Fla. 1st DCA·
2026-08-19
A defendant who fails to file a motion to withdraw a nolo contendere plea in the trial court after sentencing cannot challenge the voluntariness of the plea on appeal.
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A defendant seeking summary judgment who does not bear the burden of proof at trial must either affirmatively present evidence disproving the nonmovant's claim or show the nonmovant has no evidence to prove it; here, the public defender failed to meet this burden by addressing a
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A defendant who freely and voluntarily enters into a plea agreement that includes a sexual predator designation cannot subsequently seek relief from that burden.
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A trial court's amended sentence must clearly and fully document that a defendant's sentence runs concurrently with sentences in other cases when that was the essential term of the negotiated plea agreement.
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Fla. 6th DCA·
2026-03-27
A defendant appealing a guilty or nolo contendere plea must preserve the issue by motion to withdraw the plea.
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Malachi Mullings pleaded guilty to money laundering charges related to his operation of bank accounts that laundered millions of dollars in proceeds from African romance scams and fraud schemes. The Eleventh Circuit affirmed the district court's denial of his motion to withdraw t
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Jeremy Fiske seeks postconviction relief and appointment of counsel following his 2018 guilty plea to dealing in child pornography and unlawful sexual contact with a minor. The court summarily dismisses his motion as untimely filed under Delaware Rule 61 and finds his claims of u
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Leroy Fleming appealed the denial of his postconviction motion for relief based on ineffective assistance of counsel. The Delaware Supreme Court affirmed the Superior Court's denial, finding Fleming failed to demonstrate that his counsel's performance was deficient or that he wou
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The court denied the petition for writ of habeas corpus, finding that the petitioner's claims were either not cognizable, waived by his guilty plea, or failed to meet the stringent standards for relief under AEDPA.
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Fla. 3d DCA·
2025-11-19
Jose Aguila appeals the trial court's summary denial of his post-conviction relief motion claiming his first defense counsel was ineffective. The court affirmed the denial, holding that Aguila cannot assert claims attacking the validity of his guilty plea, as the plea constitutes
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The court held that the prisoner's claims of ineffective assistance of counsel and breach of plea agreement lacked merit, and therefore his motion to vacate convictions was denied.
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M.D. Fla.·
2025-09-05
The court held that the state court's denial of the petitioner's ineffective assistance of counsel claims was not contrary to or an unreasonable application of federal law, and thus denied the petition for a writ of habeas corpus.
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M.D. Fla.·
2025-08-27
The court held that the petitioner's claims of ineffective assistance of counsel and involuntary plea lacked merit, as the record demonstrated counsel communicated the plea offer and the petitioner made a knowing and voluntary decision.
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The court held that the petitioner's claims of ineffective assistance of counsel regarding his guilty plea and sentencing were without merit and denied his motion to vacate his conviction.
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Michael W. Jones appeals his convictions and death sentences for murdering his wife and four children in 2019. The Florida Supreme Court affirms all convictions and sentences, rejecting Jones's challenges to the jury instruction on the avoid-arrest aggravator, the constitutionali
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M.D. Fla.·
2025-07-10
Kurt Van Zeeland, an inmate convicted of second-degree murder, sought federal habeas corpus relief arguing that his trial counsel was ineffective for misadvising him about a self-defense claim and for misrepresenting the sentence he would receive if he pleaded guilty. The distric
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Steven Lorenzo was convicted of two counts of first-degree murder and sentenced to death for drugging, torturing, and killing two men in 2003. The Florida Supreme Court affirmed his convictions and death sentences, finding no error in permitting him to represent himself or in the
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The court held that the petitioner failed to establish ineffective assistance of counsel regarding his guilty plea and sentencing, as he did not demonstrate deficient performance or prejudice.
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M.D. Fla.·
2025-05-19
The court held that a petitioner is not entitled to relief under 28 U.S.C. § 2255 when his claims of ineffective assistance of counsel and Brady violations are either factually insufficient, contradicted by the record, or fail to establish prejudice.
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M.D. Fla.·
2025-04-17
John Dickie pleaded no contest to thirty counts of possessing child pornography and sought federal habeas corpus relief challenging his thirty-three-year sentence by asserting ineffective assistance of trial counsel and prosecutorial misconduct. The court denied all claims, findi
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S.D. Fla.·
2025-04-16
The court held that the movant failed to establish ineffective assistance of counsel regarding his request to appeal, and his other claims were either conclusory or refuted by the record.
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M.D. Fla.·
2025-04-10
The Court denies the petition for writ of habeas corpus, finding that one ground is procedurally barred and the others fail on the merits under AEDPA's deferential standard of review.
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A defendant fails to establish the prejudice prong of Strickland v. Washington when challenging a guilty plea based on counsel's failure to advise about the Jimmy Ryce Act, because the Act's consequences are collateral rather than direct consequences of the plea.
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The narrow fundamental error exception to the preservation requirement for involuntary pleas applies only to juveniles who enter uncounseled pleas without valid waivers of counsel, not to represented juveniles. Because the defendant was represented by counsel when he entered his
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M.D. Fla.·
2025-03-27
The court held that the petitioner's counsel provided effective assistance and that his guilty plea was knowing and voluntary, despite claims of inadequate advice regarding sentencing.
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The court held that the petitioner's claims for vacating his sentence based on ineffective assistance of counsel lack merit and are procedurally defaulted or otherwise fail.
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M.D. Fla.·
2025-03-07
The court held that an amended judgment entered nunc pro tunc to the original judgment date is not a new judgment for purposes of a second or successive habeas petition, and that the petitioner's claims were either successive or procedurally barred.
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M.D. Fla.·
2025-02-26
Darryl Cleon Forbes, a Jamaican citizen, pleaded guilty to conspiracy to commit wire fraud for operating a fraudulent sweepstakes scheme that defrauded U.S. victims of millions of dollars, and challenged his conviction through a § 2255 motion arguing his indictment charged a non-
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Damion Anthony Delapena sought federal habeas relief through a § 2254 petition challenging his convictions for multiple robberies and assault, arguing that his trial counsel rendered ineffective assistance by advising him that a motion to suppress would be meritless, that downwar
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M.D. Fla.·
2025-01-23
The court held that the petitioner failed to demonstrate that the state court's decision was contrary to or an unreasonable application of clearly established federal law, or an unreasonable determination of fact, and thus denied his petition for a writ of habeas corpus.
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M.D. Fla.·
2025-01-08
A defendant's sworn statements during a guilty plea colloquy create a strong presumption of voluntariness, and unsubstantiated claims contradicted by the record are insufficient to vacate the conviction.
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M.D. Fla.·
2024-12-18
A knowing and voluntary guilty plea waives pre-plea ineffective assistance of counsel claims, and the petitioner failed to demonstrate deficient performance or prejudice regarding his other claims.
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A revocation of probation cannot be based on conditions of probation that are neither orally pronounced at sentencing nor included in the written sentencing order, even if the conditions are statutorily authorized or standard.
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The Fourth District Court of Appeal reversed Emmanuel Okwor's revocation of probation and community control because the trial court attempted to revoke his supervision based on standard probation conditions that were neither orally pronounced at sentencing nor included in the wri
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The Fourth District Court of Appeal reversed Emmanuel Okwor's probation revocation because the trial court imposed standard conditions of probation that were neither orally pronounced at sentencing nor included in the written sentencing order, violating due process requirements.
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George Tay challenged his state court convictions for possessing 100 counts of child pornography by filing a federal habeas petition claiming ineffective assistance of counsel. The federal district court denied Tay's petition after finding that trial counsel's performance was not
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M.D. Fla.·
2024-10-29
The court held that the petitioner's claims of due process violation and ineffective assistance of counsel were procedurally barred or without merit, as his plea was knowingly and voluntarily entered and any motion to withdraw it would have been denied.
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A defendant's guilty plea, made knowingly and voluntarily after being informed that claims of unlawful search and seizure are waived, cannot be challenged as involuntary based on counsel's failure to file a suppression motion, especially when the underlying search was conducted b
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The court denied the defendant's Rule 61 Motion for Postconviction Relief and Motion for Modification of Sentence. The court found that the defendant's guilty plea was knowing, intelligent, and voluntary, and that all claims raised in his postconviction motions were waived at the
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M.D. Fla.·
2024-08-26
The court held that the petitioner's motion to vacate his sentence under 28 U.S.C. § 2255 was frivolous and denied it, as his claims of a coerced plea and jurisdictional issues were contradicted by his sworn statements and admissions.
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Joseph Luis Levin, an inmate serving a 44-year sentence for six counts of lewd or lascivious battery, one count of soliciting a child via computer, and one count of traveling to meet a minor, challenged his convictions in a federal habeas corpus petition, raising claims of incomp
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M.D. Fla.·
2024-07-29
The court held that the defendant's claims of an involuntary guilty plea and ineffective assistance of counsel were without merit, as they were contradicted by his sworn statements at the plea hearing and failed to meet the Strickland standard.
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S.D. Fla.·
2024-06-13
Jabbaar Mujaahid Abdul challenged his Florida conviction and sentence through federal habeas corpus, raising four grounds including claims of prosecutorial Brady violations, ineffective assistance of counsel, structural defects, and an alleged conflict of interest with his public
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The trial court properly summarily denied the claim that counsel was ineffective for failing to file a motion to disqualify the judge, but improperly summarily denied claims that counsel was ineffective for failing to argue forgery and that the plea was involuntary due to lack of