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

• Carroll E. Wade v. Louie L. Wainwright
  420 F.2d 898· 5th Cir.· 1969-12-23 ·cited 44×
  A guilty plea entered without understanding the maximum potential sentence is involuntary and violates due process.
• Bailey v. Ellis C. MacDOUGALL
  392 F.2d 155· 4th Cir.· 1968-02-28 ·cited 44×
  A guilty plea is void if induced by promises that deprive it of its voluntary character, and the court must ensure the defendant understands the consequences of the plea.
• McCOY v. United States
  363 F.2d 306· D.C. Cir.· 1966-06-09 ·cited 44×
  The court held that a judge must consider all evidence to determine if there is a factual basis for a guilty plea, not just an admission of guilt.
• House v. State
  130 Fla. 400· Fla.· 1937-12-18 ·cited 44×
  Albert R. House petitioned the Florida Supreme Court for leave to file a writ of error coram nobis in the trial court to challenge his 1925 conviction on robbery and possession of burglarious tools charges, alleging he was denied counsel and entered guilty pleas unknowingly. The
• State v. Thompson
  735 So. 2d 482· Fla.· 1999-05-20 ·cited 43×
  The Florida Supreme Court held that violations of the second Ashley requirement (informing defendants of the reasonable consequences of habitualization) must be raised in the trial court through a motion to withdraw the plea or postconviction motion, not for the first time on dir
• Barrientos v. United States
  668 F.2d 838· 5th Cir.· 1982-02-26 ·cited 43×
  The court affirmed the denial of post-conviction relief, holding that the defendant did not demonstrate an actual conflict of interest affecting his counsel's performance, his guilty plea was voluntary, and the failure to appeal after a guilty plea does not constitute ineffective
• LaMarr Love v. State
  814 So. 2d 475· Fla. 4th DCA· 2002-03-20 ·cited 42×·via Involuntary Plea
  LaMarr Love appealed the summary denial of his Rule 3.850 motion challenging his 1987 nolo contendere plea to attempted cocaine trafficking. The court reversed in part and affirmed in part, holding that Love's claim of involuntary plea based on counsel's affirmative misadvice was
• State v. Perry
  786 So. 2d 554· Fla.· 2001-04-19 ·cited 42×
  The Florida Supreme Court addresses whether a writ of error coram nobis is available to challenge the voluntariness and intelligence of a guilty plea based on facts that were unknown or unknowable at the time of sentencing. The Court holds that coram nobis relief is available for
• Albino Perriello v. State
  684 So. 2d 258· Fla. 4th DCA· 1996-12-04 ·cited 42×·via Voluntary And Intelligent Guilty Plea
  A written plea agreement warning of deportation consequences does not substitute for the trial judge's mandatory oral admonition in court.
• Siegel v. State
  586 So. 2d 1341· Fla. 5th DCA· 1991-10-10 ·cited 42×
  Jacob Siegel appealed from summary denial of his rule 3.850 post-conviction relief motion, claiming his guilty plea was involuntary and his counsel was ineffective. The court affirmed the denial of the ineffective assistance claim but reversed the denial of the involuntary plea c
• United States v. Molina-Uribe
  853 F.2d 1193· 5th Cir.· 1988-08-24 ·cited 42×
  The court held that the supervised release term imposed for Count One was illegal and must be vacated, but the conviction on Count One is affirmed. The court also held that the plea on Count Two must be set aside due to the trial court's failure to properly advise the defendant o
• United States v. Ellison
  835 F.2d 687· 7th Cir.· 1987-12-08 ·cited 42×
  A defendant's sworn statements during a Rule 11 colloquy, establishing a knowing and voluntary guilty plea, are binding and control their fate, even if they later claim subjective intent to withdraw.
• Williams v. State OF Mo.
  640 F.2d 140· 8th Cir.· 1981-02-05 ·cited 42×
  The court held that the district court did not err in dismissing the petition for a writ of habeas corpus without a hearing, as the appellant's claims were unsupportable on the record and lacked merit.
• Todd v. Lockhart
  490 F.2d 626· 8th Cir.· 1974-01-16 ·cited 42×
  A defective plea-taking record can be cured by a post-conviction hearing if the state affirmatively proves the plea was voluntary and intelligent.
• Barker v. State
  259 So. 2d 200· Fla. 2d DCA· 1972-03-17 ·cited 42×
  James Barker appeals his conviction on charges of obtaining property in return for worthless checks, arguing that the trial judge promised him probation if he entered a guilty plea but then imposed two consecutive five-year prison sentences instead. The Florida District Court of
• Raines v. United States
  423 F.2d 526· 4th Cir.· 1970-03-23 ·cited 42×
  A district court is not required to hold an evidentiary hearing on a § 2255 motion if the motion and the files and records of the case conclusively show that the prisoner is entitled to no relief.
• Griffin v. United States
  405 F.2d 1378· D.C. Cir.· 1968-11-21 ·cited 42×
  The court held that the trial court erred in refusing to accept the defendant's guilty plea to manslaughter, as the inconsistencies in the defendant's statements did not provide sufficient grounds for refusal under Rule 11.
• Crow v. United States
  397 F.2d 284· 10th Cir.· 1968-07-02 ·cited 42×
  The court held that a threat to prosecute another person, if unrefuted, may coerce a guilty plea and requires a hearing to determine voluntariness.
• Meaton v. United States
  328 F.2d 379· 5th Cir.· 1964-03-03 ·cited 42×
  The court held that the district court did not abuse its discretion in denying the appellant's motion to withdraw his guilty plea before sentencing.
• United States v. Glass
  317 F.2d 200· 4th Cir.· 1963-05-02 ·cited 42×
  A prisoner's pro se motion, even if mislabeled, should be considered under 28 U.S.C.A. § 2255 if it alleges facts sufficient to warrant inquiry into the voluntariness of his guilty plea.
• Williams v. State
  717 So. 2d 1066· Fla. 2d DCA· 1998-08-14 ·cited 41×·via Involuntary Plea
  James Williams challenged his guilty pleas to armed robbery, attempted armed robbery, and attempted first-degree murder, claiming his trial counsel was ineffective for failing to move to suppress evidence. The court reversed the trial court's denial of his postconviction motion,
• Elledge v. State
  706 So. 2d 1340· Fla.· 1997-09-18 ·cited 41×
  William Elledge challenges his death sentence for the 1974 murder of Margaret Anne Strack following his fourth resentencing proceeding. The Florida Supreme Court affirms the death sentence, addressing 27 issues ranging from the validity of his guilty plea to the constitutional pr
• Montgomery v. State
  615 So. 2d 226· Fla. 5th DCA· 1993-03-05 ·cited 41×·via Involuntary Plea
  Charles Montgomery appealed the denial of his Rule 3.850 post-conviction motion challenging the voluntariness of his guilty plea to drug charges. The court reversed and remanded, holding that Montgomery's allegations that counsel promised him a shorter sentence were not conclusiv
• McCOY v. State
  598 So. 2d 169· Fla. 1st DCA· 1992-04-29 ·cited 41×·via Involuntary Plea
  Richard McCoy appealed the denial of two motions for post-conviction relief challenging his guilty plea and sentence for attempted armed robbery as a habitual violent felony offender. The court reversed the denial of the first motion regarding ineffective assistance of counsel cl
• Wright v. United States
  624 F.2d 557· 5th Cir.· 1980-08-20 ·cited 41×
  A petitioner seeking collateral relief for a technical violation of Rule 11 must demonstrate prejudice, not merely a procedural error, unless the error is constitutional or results in a miscarriage of justice.
• United States v. Hammerman
  528 F.2d 326· 4th Cir.· 1975-10-29 ·cited 41×·via Involuntary Plea
  A guilty plea induced by a prosecutor's misrepresentation that the court would accept a sentencing recommendation is involuntary and grounds for withdrawal of the plea.
• Artigas v. State
  140 Fla. 671· Fla.· 1939-11-14 ·cited 41×
  Henry Artigas and Joe Pardo challenged the trial court's denial of their motion to withdraw guilty pleas in a lottery-related case. The Florida Supreme Court reversed, holding that the defendants' guilty pleas were not entirely voluntary due to language barriers, reliance on the
• Woodly v. State
  937 So. 2d 193· Fla. 4th DCA· 2006-08-23 ·cited 40×·via Involuntary Plea
  Tyrone Woodly appeals the trial court's denial of his motion to withdraw his guilty plea without an evidentiary hearing. The appellate court affirmed, finding that the record conclusively refuted each of his allegations of involuntariness.
• Collins v. State
  859 So. 2d 1244· Fla. 5th DCA· 2003-11-14 ·cited 40×·via Involuntary Plea
  Calvin Collins, an inmate in Georgia, filed a pro se petition for writ of habeas corpus in a Florida trial court challenging his 1996 guilty plea to cocaine possession on grounds of ineffective assistance of counsel and involuntariness of the plea. The court affirmed the denial o
• Rackley v. State
  571 So. 2d 533· Fla. 1st DCA· 1990-12-11 ·cited 40×·via Involuntary Plea
  Rackley appeals the trial court's summary denial of his post-conviction motion alleging ineffective assistance of counsel regarding a guilty plea to cocaine sale with habitual offender sentencing. The appellate court reversed in part, finding that certain gain-time claims could n
• United States v. Buckles
  843 F.2d 469· 11th Cir.· 1988-04-27 ·cited 40×
  The court held that the district court did not abuse its discretion in denying the defendant's motion to withdraw his guilty plea.
• Baker v. United States
  781 F.2d 85· 6th Cir.· 1986-01-15 ·cited 40×·via Knowing And Voluntary Plea
  A defendant's guilty plea is knowing and voluntary if entered into after the court scrupulously follows Rule 11 procedures, and the defendant is bound by the terms revealed in open court, absent extraordinary circumstances.
• Hill v. A.L. Lockhart
  731 F.2d 568· 8th Cir.· 1984-04-09 ·cited 40×
  The court should remand for an evidentiary hearing to determine if the attorney's misadvice on parole eligibility constituted ineffective assistance of counsel, inducing the guilty plea.
• Mack v. United States
  635 F.2d 20· 1st Cir.· 1980-12-03 ·cited 40×
  The court held that the district court erred in accepting the defendant's guilty plea without adequately ensuring it was voluntary and that the defendant understood the charges, and also erred in denying a hearing on the motion to vacate sentence.
• Hunter v. Fogg
  616 F.2d 55· 2d Cir.· 1980-02-15 ·cited 40×
  A guilty plea is not constitutionally invalid for lack of information about parole eligibility or the minimum period of imprisonment set by a parole board, as this is distinct from a mandatory minimum sentence.
• del Vecchio v. United States
  556 F.2d 106· 2d Cir.· 1977-05-24 ·cited 40×
  While the district judge did not fully comply with Fed.R.Crim.P. 11, the errors did not require vacating the conviction on collateral attack because the defendant failed to demonstrate prejudice or a miscarriage of justice.
• United States v. Honorable Henry F. Werker
  535 F.2d 198· 2d Cir.· 1976-05-11 ·cited 40×
  A district court judge is prohibited by Rule 11(e) of the Federal Rules of Criminal Procedure from participating in plea discussions by communicating a specific sentence to a defendant prior to a guilty plea.
• United States v. Mari
  526 F.2d 117· 2d Cir.· 1975-11-25 ·cited 40×
  The court held that the defendant's guilty plea was voluntary and that there was no denial of effective assistance of counsel due to joint representation, as no specific prejudice was shown.
• United States v. Sambro
  454 F.2d 918· D.C. Cir.· 1971-04-02 ·cited 40×
  A district court's refusal to allow a defendant to withdraw a guilty plea before sentencing will be affirmed unless the court abused its discretion, and misunderstanding of collateral consequences like deportation does not constitute an abuse of discretion.
• Meyer v. United States
  424 F.2d 1181· 8th Cir.· 1970-04-20 ·cited 40×
  A guilty plea induced by government promises or threats, even if not disclosed to the court, is void if the inducement was the sole basis for the plea. The government's silence when a defendant falsely denies inducements constitutes a fraud on the court.
• Linton K. Mordecai, Jr. v. United States
  421 F.2d 1133· D.C. Cir.· 1969-10-07 ·cited 40×
  New legal standards regarding right to counsel and hearing at waiver proceedings are not retroactively applicable to a 1961 waiver determination.
• Lattin v. COX
  355 F.2d 397· 10th Cir.· 1966-01-24 ·cited 40×
  The court held that a guilty plea, even if influenced by a prosecutor's agreement to dismiss charges, is voluntary if made with the advice of competent counsel and understanding of the consequences.
• Osborn v. Shillinger
  861 F.2d 612· 10th Cir.· 1988-11-07 ·cited 39×
  The court held that the federal district court did not err in reaching the merits of Osborn's habeas corpus petition, as state remedies were exhausted by the time of appellate review and any procedural bar was not sufficiently established to preclude federal consideration.
• United States v. Carmine Lombardozzi
  436 F.2d 878· 2d Cir.· 1971-01-28 ·cited 39×
  The court held that a defendant's guilty plea was voluntary and not rendered involuntary by a prosecutor's assurances, as the defendant was sophisticated and the plea was entered after careful consideration of all circumstances.
• Garcia v. State
  846 So. 2d 660· Fla. 2d DCA· 2003-06-04 ·cited 38×
  Carlos Garcia appealed the denial of his motion to withdraw a guilty plea, arguing the trial court erred by conducting an evidentiary hearing without his presence and without appointing conflict-free counsel. The court reversed, holding that a defendant is entitled to be present
• Setzer v. State
  575 So. 2d 747· Fla. 5th DCA· 1991-02-28 ·cited 38×
  Jerry Lee Setzer appeals his sentence following denial of his motion to withdraw his guilty plea. The court reversed, holding that the trial court erred by denying the motion without holding an evidentiary hearing, particularly where Setzer alleged he was unaware that pleading gu
• Williams v. United States
  805 F.2d 1301· 7th Cir.· 1986-11-24 ·cited 38×
  The court held that a defendant's failure to raise constitutional claims on direct appeal from a conviction bars them from raising those claims on collateral review, absent a showing of cause and actual prejudice, and this precedent applies to guilty pleas.
• United States v. Campbell
  778 F.2d 764· 11th Cir.· 1985-12-23 ·cited 38×
  A district court is not required to advise a defendant of the collateral consequence of deportation when accepting a guilty plea.
• United States v. Adams
  566 F.2d 962· 5th Cir.· 1978-01-27 ·cited 38×
• Sierra v. The Gov't OF the Canal Zone
  546 F.2d 77· 5th Cir.· 1977-01-27 ·cited 38×
  The court held that the district court's questioning during the guilty plea colloquy did not satisfy Rule 11 of the Federal Rules of Criminal Procedure, requiring the defendant to plead anew.