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.·
2020-09-24
A guilty plea waives non-jurisdictional claims, including ineffective assistance of counsel, unless the claim directly implicates the knowing and voluntary nature of the plea itself. Counsel's strategic decision not to file a pre-trial motion, based on a reasonable assessment of
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The court held that a petitioner's claims of ineffective assistance of counsel regarding multiplicity of charges and the disallowance of restitution were without merit and not cognizable in a § 2255 motion.
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M.D. Fla.·
2020-09-04
The court held that most of the petitioner's claims of ineffective assistance of counsel were procedurally barred by her nolo contendere plea, and the remaining claims did not meet the high standard for federal habeas relief under AEDPA.
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The court held that the Petitioner's motion to vacate sentence was timely filed under the prison mailbox rule and that his claims of ineffective assistance of counsel were meritless.
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The court held that the petitioner's claims of unconstitutional vagueness, lack of jurisdiction, and ineffective assistance of counsel were procedurally barred or meritless, and therefore denied his motion to vacate his sentence.
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M.D. Fla.·
2020-08-11
Jehu Ramirez challenged his Florida sexual battery conviction in federal habeas corpus proceedings, raising six grounds including ineffective assistance of trial counsel claims and procedural issues. The district court denied all six grounds, finding some procedurally defaulted f
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The court held that the defendant's claims for post-conviction relief under 28 U.S.C. § 2255 were without merit, as his guilty plea was knowing and voluntary, and his counsel was not ineffective.
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Trial counsel was not ineffective for failing to raise a competency issue based on involuntary intoxication, for failing to inform the defendant of plea consequences, or for allegedly misadvising him on plea offers, as the record conclusively refuted the first two claims and comp
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The court denied the petitioner's motion to vacate sentence, finding her claims were either refuted by the record, procedurally barred, or factually insufficient.
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M.D. Fla.·
2020-06-02
The court held that a petitioner's claims of an involuntary guilty plea and ineffective assistance of counsel were without merit and procedurally defaulted.
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M.D. Fla.·
2020-05-11
The court held that the petitioner is not entitled to habeas relief because the state court's adjudication of his claims was not contrary to, or an unreasonable application of, federal law, nor based on an unreasonable determination of the facts.
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M.D. Fla.·
2020-05-08
The court held that the petitioner's claims of ineffective assistance of counsel were without merit because he could not demonstrate deficient performance or prejudice, and his guilty plea was knowing and voluntary.
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M.D. Fla.·
2020-05-07
The court held that the petitioner's claims of ineffective assistance of counsel regarding his guilty plea and appeal waiver lacked merit, as he failed to demonstrate deficient performance or prejudice.
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15th Cir. Ct. App. Div.·
2020-04-27
Appellant Carmen Sanchez-Hyman appeals the trial court's order denying her motion to withdraw her guilty plea entered after sentencing. The appellate court reversed, holding that the trial court erred by denying the motion without holding an evidentiary hearing and without appoin
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M.D. Fla.·
2020-03-30
Broderick pleaded guilty to possession with intent to distribute cocaine and possession of a firearm in furtherance of drug trafficking, and was sentenced to 240 months imprisonment. On collateral review under 28 U.S.C. § 2255, the court denied his motion challenging the convicti
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M.D. Fla.·
2020-03-19
The court held that the petitioner's claims of ineffective assistance of counsel failed because the record showed his guilty plea was knowing and voluntary, and he did not demonstrate prejudice from counsel's alleged errors. Claims not related to ineffective assistance were not c
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M.D. Fla.·
2020-03-18
The court held that the petitioner failed to demonstrate that the state court's denial of his ineffective assistance of counsel claims was contrary to or an unreasonable application of federal law.
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Fla.·
2020-03-12
Hector Sanchez-Torres challenges the denial of his motion to vacate his death sentence conviction, raising claims of ineffective assistance of counsel at trial and on appeal. The Florida Supreme Court affirmed the postconviction court's denial of relief and rejected his habeas pe
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S.D. Fla.·
2020-02-25
The court adopted the Magistrate Judge's Report and Recommendations, overruling the petitioner's objections and denying the petition for a writ of habeas corpus.
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Richard Harris petitioned for federal habeas corpus relief, challenging his guilty plea to second-degree murder and related charges in Florida state court, raising five grounds based on alleged ineffective assistance of counsel. The district court denied the petition, finding tha
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M.D. Fla.·
2020-02-14
The court held that the petitioner's claims of ineffective assistance of counsel and an unintelligent guilty plea were without merit, and therefore denied his motion to vacate his sentence.
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M.D. Fla.·
2020-01-28
The court held that the petitioner's claims were without merit and denied his petition for a writ of habeas corpus, finding no substantial showing of the denial of a constitutional right.
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The court held that the petitioner is not entitled to federal habeas corpus relief because the state court's decisions were not contrary to, nor an unreasonable application of, clearly established federal law and were based on reasonable determinations of fact.
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M.D. Fla.·
2020-01-21
William Carson Merrill challenged his Florida manslaughter with a firearm conviction through federal habeas corpus, raising seven grounds of ineffective assistance of counsel claims under the Sixth and Fourteenth Amendments. The district court applied the strict deferential stand
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Affirmative misadvice by counsel regarding a collateral consequence of a conviction, specifically that it could be expunged, may render a plea involuntary and states a facially sufficient claim for postconviction relief under Florida Rule of Criminal Procedure 3.850.
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M.D. Fla.·
2019-12-30
The court held that the petitioner's claims of ineffective assistance of counsel were without merit, as the record did not support allegations of deficient performance or prejudice.
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M.D. Fla.·
2019-12-30
The court held that the petitioner's claims of ineffective assistance of counsel were without merit, as the record demonstrated his guilty plea was knowing and voluntary, and his counsel's performance did not fall below constitutional standards.
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The court held that the state court's adjudication of the ineffective assistance of counsel claim was not contrary to or an unreasonable application of federal law, and thus, the petitioner is not entitled to federal habeas relief.
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A defendant is entitled to an evidentiary hearing on a postconviction relief motion when the record does not conclusively refute a facially sufficient claim that trial counsel affirmatively misadvised him regarding gain time eligibility.
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M.D. Fla.·
2019-12-04
The court held that a guilty plea waives non-jurisdictional claims, including prosecutorial misconduct and most ineffective assistance of counsel claims, and that the remaining claims were without merit and contradicted by the record.
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The appellate court affirmed the denial of postconviction relief for Reiner de Quesada. The court found that his charging document was not fundamentally defective and that his claim regarding immigration consequences was untimely and lacked prejudice.
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Fla. 1st DCA·
2019-11-01
A trial court does not err in denying a motion to withdraw a guilty plea when the defendant's allegations of ineffective counsel or involuntariness are conclusively refuted by the record.
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The court held that a petitioner's claims of ineffective assistance of counsel regarding pre-plea issues are waived by a knowing and voluntary guilty plea.
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M.D. Fla.·
2019-09-23
Efrain Camarill Cruz, a Mexican citizen convicted in 2013 of soliciting a minor and traveling to meet a minor for illegal sexual conduct, filed a federal habeas corpus petition challenging his guilty plea on grounds that he was mentally incompetent, his counsel was ineffective, a
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The court held that the petitioner's claims were not cognizable on federal habeas review or were waived by his voluntary plea, and that the state court's factual findings were entitled to deference.
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The appellate court affirmed the denial of a motion to withdraw a no contest plea. The defendant argued his plea was involuntary due to pressure from facing trial and a potential lengthy sentence, but the court found these claims insufficient under the relevant rules.
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Fla. 4th DCA·
2019-07-24
A defendant's Rule 3.801 motion may be denied without prejudice to the defendant's right to file a subsequent Rule 3.850 motion challenging the voluntariness of his plea.
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Fla. 4th DCA·
2019-07-10
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Bryan Santos appeals his conviction and sentence following a nolo contendere plea, claiming his plea was involuntary due to ineffective assistance of counsel. The Florida District Court of Appeal, Fifth District, affirmed the judgment and sentence, holding that the trial court's
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A defendant is entitled to withdraw a no contest plea prior to sentencing as a matter of right when good cause is shown, and ignorance of a collateral consequence of the plea constitutes good cause even though failure to inform of that consequence does not render the plea involun
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The Florida Third District Court of Appeal dismissed a petition for writ of certiorari, finding it lacked jurisdiction to review a non-final order denying a motion for leave to amend an answer and affirmative defenses. The court held that any error in such a denial is reviewable
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267 So. 3d 4·
Fla. 4th DCA·
2019-03-06
A generic Brady notice regarding DNA calculation errors does not constitute newly discovered evidence supporting post-conviction relief when the notice does not apply to the defendant's specific case, and prohibiting further pro se filings is not justified when the defendant's mo
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264 So. 3d 1099·
Fla. 1st DCA·
2019-02-15
Appellant challenged denial of his postconviction motion under Florida Rule of Criminal Procedure 3.850, arguing his trial counsel was ineffective for failing to object when the trial court imposed a sentence exceeding his plea agreement. The court affirmed the denial of the firs
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Fla. 1st DCA·
2019-02-12
A guilty plea to second-degree murder has a sufficient factual basis when the prosecutor presents evidence at the plea hearing that the defendant drowned both victims, was found in the pool with their bodies, and admitted responsibility during police questioning, supported by the
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269 So. 3d 580·
Fla. 1st DCA·
2019-02-04
Sam Casseus pleaded guilty to sexual battery and lewd or lascivious molestation of his stepdaughter in exchange for concurrent terms of time served followed by sex offender probation. He sought to withdraw his plea after sentencing, arguing that he was not informed of the mandato
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268 So. 3d 771·
Fla. 4th DCA·
2019-01-30
Jose Berrocales appeals the trial court's denial of his post-sentencing motion to withdraw his guilty plea to DUI with serious bodily injury. The central issue is whether Berrocales was adequately informed of the mandatory driver's license revocation required by law before enteri
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A postconviction court must address all claims raised in a Rule 3.850 motion and must strike a facially insufficient claim with leave to amend rather than summarily deny it.
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The Court recommends denying the defendant's motion for postconviction relief. The defendant failed to demonstrate that his counsel's representation fell below the objective standard of reasonableness or that he suffered prejudice as a result of any alleged ineffectiveness. Furth
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Appellant challenges his criminal conviction and sentence, arguing the trial court erred by adjudicating him guilty without him entering a valid plea. The court held that the trial court violated Florida Rule of Criminal Procedure 3.172(c) by failing to conduct a complete plea co