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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M.D. Fla.·
2024-05-20
The court held that a defendant's sworn statements at a plea hearing create a strong presumption of truth, barring collateral attack based on claims contradicted by those statements.
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The postconviction court's denial of ground one of Jenkins' rule 3.850 motion was reversed because the court failed to address Jenkins' claim that counsel did not inform him the victim had denied any inappropriate touching during a forensic interview, and the court did not conduc
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A guilty plea is knowing and voluntary when the district court specifically and repeatedly informs the defendant of the sentencing guidelines range, maximum penalty, and that counsel's estimates are not binding, even if counsel failed to discuss the specific guidelines calculatio
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M.D. Fla.·
2024-03-14
The court held that the petitioner's claims for federal habeas relief were meritless and denied the petition.
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A defendant who enters a no contest plea without reserving any issues for appeal may only appeal limited categories of claims, including lack of subject matter jurisdiction, violation of the plea agreement, an involuntary plea, sentencing error, or other issues provided by law. M
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M.D. Fla.·
2024-03-11
The court denied the petition for a writ of habeas corpus, finding that the petitioner's claims were either not cognizable, procedurally defaulted, or failed on the merits under AEDPA review.
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The court held that the petitioner's motion to vacate his sentence was time-barred under 28 U.S.C. § 2255.
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The appellate court reversed a trial court's order revoking probation and imposing a prison sentence. The court found that the trial court improperly dismissed the defendant's motions to withdraw his guilty plea, which were timely filed and contained allegations sufficient to war
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M.D. Fla.·
2024-02-05
The court held that the petitioner is not entitled to federal habeas relief because the Supreme Court has not clearly established that a negotiated guilty plea is involuntary or unknowing solely due to the defendant's unawareness of the option to enter an open plea.
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A guilty plea waives non-jurisdictional defects, and the conviction for felon in possession of a firearm is constitutionally permissible.
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The court held that the petitioner's claims of ineffective assistance of counsel were without merit, as the record contradicted his allegations and his counsel's actions were consistent with binding precedent.
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The court held that the petitioner's claims of ineffective assistance of counsel failed because counsel's actions were reasonable and did not prejudice the defense, and the petitioner's guilty plea was knowing and voluntary.
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The court denied the petition for a writ of habeas corpus, finding the petitioner's claim of ineffective assistance of counsel was refuted by the record.
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A challenge to the voluntary nature of a guilty plea based on alleged trial counsel ineffectiveness is not preserved for appellate review without a motion to withdraw the plea, and no fundamental-error exception applies.
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The court found that the defendant, Paul Perry, is presently competent and was competent at the time he pleaded guilty. The State met its burden of proving present competency by a preponderance of the evidence, and Mr. Perry failed to meet his burden of proving by clear and convi
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Fla. 5th DCA·
2023-11-22
Fundamental error is not an exception to the preservation requirement of Florida Rule of Appellate Procedure 9.140(b)(2)(A)(ii)c. when a defendant has entered a voluntary plea.
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M.D. Fla.·
2023-10-06
The court held that the petitioner's claims of ineffective assistance of counsel failed because his guilty plea was knowing and voluntary, and the sentencing enhancements were proper.
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372 So. 3d 768·
Fla. 1st DCA·
2023-09-20
The appellate court affirmed the denial of a postconviction relief claim, holding that a defendant claiming ineffective assistance of counsel for failing to reserve an appeal issue after a no-contest plea must allege that they would not have pleaded guilty or that the plea was in
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M.D. Fla.·
2023-09-18
The court held that the defendant's claims of ineffective assistance of counsel were unsupported and therefore denied his motion to vacate his sentence.
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M.D. Fla.·
2023-09-15
Felix Luis Cuevas-Rodriguez, an inmate challenging his 2015 Florida conviction for vehicular homicide and related crimes, filed a federal habeas corpus petition alleging ineffective assistance of counsel, prosecutorial misconduct, and Brady violations. The district court denied t
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A defendant's guilty plea waives most non-jurisdictional challenges, including claims of ineffective assistance of counsel based on pre-plea events. Acknowledging the potential for a high offense level, even if an attorney's estimate of a sentencing reduction proves inaccurate, d
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M.D. Fla.·
2023-08-02
Herman Paul Solano sought federal habeas relief under 28 U.S.C. § 2254, challenging his St. Johns County convictions for violations of pretrial release, aggravated battery, false imprisonment, shooting into a building, and burglary with an assault or battery. The court denied all
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M.D. Fla.·
2023-07-25
The court held that the petitioner's claims were procedurally barred or lacked merit under the deferential AEDPA standard, affirming the denial of federal habeas relief.
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The appellate court affirmed a sentence for a defendant who pleaded nolo contendere, ruling that he failed to preserve his claim of fundamental error regarding the lack of a competency hearing before sentencing. The court emphasized that such claims must be preserved through spec
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The appellate court affirmed a defendant's sentence, holding that he failed to preserve his claim of fundamental error regarding the lack of a competency hearing before sentencing. The court emphasized that such claims, even if fundamental, must be preserved through specific proc
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A motion to vacate under 28 U.S.C. § 2255 is summarily dismissed because the movant procedurally defaulted her claims by failing to appeal and, in the alternative, her claims are not cognizable on collateral review.
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M.D. Fla.·
2023-06-09
The court held that the petitioner procedurally defaulted his claims and failed to establish cause and prejudice or actual innocence to overcome the default.
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M.D. Fla.·
2023-06-02
The court denied the petition for writ of habeas corpus, finding claims procedurally defaulted or not cognizable in federal court.
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S.D. Fla.·
2023-05-25
The court held that an evidentiary hearing is required for the claim of ineffective assistance of counsel for failing to file a notice of appeal, but denied claims regarding the validity of the guilty plea, failure to conduct evaluations, and consideration of mitigating factors.
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M.D. Fla.·
2023-05-15
William Henry Brown sought federal habeas relief under 28 U.S.C. § 2254, challenging his 2014 Florida conviction for second-degree murder and drug possession while armed, raising claims of ineffective assistance of counsel, trial court error, and prosecutorial misconduct. The fed
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The Delaware Superior Court denied the defendant's motion to withdraw his guilty pleas to operating a motor vehicle causing death and leaving the scene of a collision resulting in death. The court found that the defendant failed to establish a fair and just reason for withdrawal,
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S.D. Fla.·
2023-04-25
The court held that claims based solely on state law are not cognizable in federal habeas corpus review, and that ineffective assistance of counsel claims must meet the Strickland standard.
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N.D. Fla.·
2023-04-21
The court held that the petitioner's claims of ineffective assistance of counsel regarding failure to file a motion to suppress and failure to pursue an entrapment defense lacked merit, and thus denied his petition for a writ of habeas corpus.
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The court denied the motion to vacate sentence, finding the grounds raised were either meritless, procedurally defaulted, or previously resolved.
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M.D. Fla.·
2023-03-30
The court held that the state court's denial of the petitioner's claims of ineffective assistance of counsel was objectively reasonable and did not violate federal law.
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The appellate court affirmed a defendant's convictions, holding that his claim of ineffective assistance of counsel regarding immigration consequences was not properly preserved for a direct appeal. The court emphasized the procedural requirements for raising such claims.
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Jose Salvador Lantigua sought to vacate his conviction and sentence under 28 U.S.C. § 2255, claiming ineffective assistance of counsel and trial court error in connection with his guilty pleas to bank fraud, wire fraud conspiracy, passport fraud, and aggravated identity theft ste
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M.D. Fla.·
2023-02-28
The court held that the petitioner's claim that his guilty plea was involuntary due to misadvice on the maximum sentence was refuted by the record, as he was explicitly informed of the maximum sentence during the plea colloquy.
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A pro se defendant who challenges the voluntariness of a plea agreement on appeal must file a pre-appeal motion to withdraw the plea, and the juvenile exception established in State v. T.G. does not extend to adult defendants.
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The appellate court affirmed a defendant's plea agreement, ruling that he failed to properly preserve his claim that his waiver of counsel was inadequate. The court clarified that the exception for juveniles in a prior case does not apply to adults, and a motion to withdraw the p
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The court stayed and administratively closed the habeas corpus action, requiring the petitioner to file an amended petition addressing all claims related to his conviction and resentencing.
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S.D. Fla.·
2023-01-05
The court denied the claim that counsel was ineffective regarding the elements of aggravated identity theft but granted an evidentiary hearing on the claim that counsel improperly advised the movant about his right to appeal.
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Fla. 3d DCA·
2023-01-04
The appellate court reversed a trial court's decision to mitigate sentences agreed upon in a plea agreement. The court held that once a plea agreement is approved and ratified by the court, the trial court cannot unilaterally alter the agreed-upon sentences, especially when the d
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M.D. Fla.·
2022-09-23
Charles Pitts challenged his state convictions for sexual battery, false imprisonment, and domestic battery by strangulation through a federal habeas corpus petition, alleging ineffective assistance of counsel. The court denied the petition, finding that Pitts's guilty plea was k
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William J. Milne sought federal habeas relief under 28 U.S.C. § 2254, challenging his 2011 conviction for lewd and lascivious exhibition, voyeurism, and battery based on claims including ineffective assistance of counsel related to rejected plea offers and sentencing advice, and
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Del. Super. Ct.·
2022-07-27
The court denied the defendant's amended motion for postconviction relief, finding that his trial counsel did not provide ineffective assistance. Specifically, the court found that counsel's advice regarding racial bias in the justice system was nuanced and not the absolute, disq
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The appellate court reversed a trial court's decision to deny restitution to a victim. The trial court had ruled that a self-imposed sixty-day deadline for determining the restitution amount had passed, divesting it of jurisdiction. The appellate court held that Florida law does