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

• Pluck v. State
  251 So. 3d 1042· Fla. 5th DCA· 2018-08-10
  The court held that the record conclusively refuted the appellant's claims of ineffective assistance of counsel regarding deportation consequences, thus affirming the denial of his postconviction relief motion.
• Pluck v. State
  Fla. 5th DCA· 2018-08-06
  Where the plea hearing record conclusively refutes a defendant's claim that counsel failed to advise him of deportation consequences—showing counsel arranged consultations with immigration attorneys and the defendant testified under oath that he understood the consequences and vo
• Ayesh v. State
  252 So. 3d 366· Fla. 3d DCA· 2018-08-01 ·via Involuntary Plea
  Loss of employment is a collateral consequence of a guilty plea, not a direct consequence, and therefore does not provide a basis to vacate a plea based on ineffective assistance of counsel.
• Fla. Citizens Alliance, Inc. v. The Sch. Bd. of Collier Cnty.
  247 So. 3d 720· Fla. 2d DCA· 2018-07-06 ·via Knowing And Voluntary Plea
  An appeal becomes moot when a change in circumstances occurs making it impossible for the court to provide effectual relief.
• Filipkowski v. State
  252 So. 3d 278· Fla. 2d DCA· 2018-06-08 ·via Involuntary Plea
  Trial counsel's failure to advise a defendant entering an open plea that sentences can be imposed consecutively to increase the sentencing range constitutes deficient performance, and such a claim is not conclusively refuted by the record merely because the trial court advised th
• Jidier A. Saavedra v. State
  248 So. 3d 164· Fla. 4th DCA· 2018-06-06 ·via Involuntary Plea
  A defendant states a facially sufficient claim for post-conviction relief based on ineffective assistance of counsel regarding deportation consequences when he alleges counsel affirmatively misadvised him that he would not be deported despite a plea to an offense carrying mandato
• Rollins
  2015 WL 5032041· Del. Super. Ct.· 2018-03-14
  The Court denied the Defendant's Motion for Postconviction Relief, finding that most of his claims were procedurally barred as formerly adjudicated or waived by his voluntary guilty plea. The remaining claims of ineffective assistance of counsel failed to meet the Strickland stan
• Hanes v. State
  232 So. 3d 1073· Fla. 3d DCA· 2017-11-01 ·via Involuntary Plea
  Glenn Hanes appealed his guilty plea conviction arguing the plea colloquy was insufficient to establish voluntariness. The court dismissed the appeal for lack of jurisdiction because Hanes failed to file a required motion to withdraw the plea in the trial court before appealing.
• Curran Fritz Lane v. State
  225 So. 3d 345· Fla. 5th DCA· 2017-08-04 ·via Involuntary Plea
  Lane appeals the denial of his motion to withdraw a guilty plea to a probation violation, arguing his plea was involuntary because counsel failed to inform him of a valid defense requiring the violation to be willful and substantial. The court reverses and remands for an evidenti
• Hinson v. State
  220 So. 3d 1242· Fla. 1st DCA· 2017-05-31 ·via Involuntary Plea
• Rashaun Miller
  2014 WL 6734821· Del. Super. Ct.· 2017-05-11
  The Court denied the postconviction relief motions filed by eight defendants based on alleged misconduct at the Office of the Chief Medical Examiner (OCME). The Court found that defendants who pleaded guilty waived their right to Brady impeachment evidence, and their pleas were k
• Vaughan v. State
  219 So. 3d 116· Fla. 5th DCA· 2017-04-28 ·via Involuntary Plea
  The court reversed the summary denial of a habitual felony offender plea claim because the record did not conclusively show the defendant was informed of the maximum sentence consequences before accepting the plea.
• Anne Marie Rila v. State
  218 So. 3d 448· Fla. 4th DCA· 2017-04-26 ·via Involuntary Plea
  Anne Marie Rila, a lawful permanent resident, appeals the summary denial of her rule 3.850 motion to withdraw her guilty plea, alleging the plea was involuntary based on misadvice from a person falsely posing as an immigration attorney. The Fourth District reversed and remanded,
• Keon Williams v. State
  215 So. 3d 145· Fla. 3d DCA· 2017-03-22 ·via Involuntary Plea
• Aguirre v. State
  207 So. 3d 244· Fla. 4th DCA· 2016-12-21 ·via Involuntary Plea
  Andres Aguirre appealed the summary denial of his motion for postconviction relief under Florida Rule of Criminal Procedure 3.850, claiming his plea was involuntary, that counsel was ineffective during violation of probation proceedings, and that the trial court failed to conside
• S.A.W. v. State
  206 So. 3d 123· Fla. 2d DCA· 2016-12-07 ·via Knowing And Voluntary Plea
  The court affirmed the trial court's denial of a motion to suppress DNA evidence but reversed and remanded because the trial court failed to conduct a required plea colloquy before accepting the juvenile's guilty plea.
• Whitley A. McRAE v. State
  204 So. 3d 103· Fla. 5th DCA· 2016-11-10 ·via Knowing And Voluntary Plea
  Whitley McRae appealed the summary denial of her postconviction relief motion (Rule 3.850), claiming her plea was involuntary due to psychotropic medications. The court affirmed the denial of three grounds but reversed as to Ground One, finding that the record did not conclusivel
• Beene v. State
  204 So. 3d 101· Fla. 4th DCA· 2016-11-09 ·via Involuntary Plea
  A signed plea form alone is insufficient to conclusively refute a claim of involuntary plea due to misadvice on sentencing.
• Dandre L. Robinson v. State
  202 So. 3d 453· Fla. 1st DCA· 2016-10-26 ·via Involuntary Plea
  The denial of the appellant's request to withdraw his plea is affirmed because the trial court remedied the prejudice caused by the misunderstanding of consecutive sentences, and no abuse of discretion occurred.
• Bryant v. State
  202 So. 3d 110· Fla. 5th DCA· 2016-10-14
  Travis Bryant appeals the denial of his motion to withdraw his guilty plea. The Florida Fifth District Court of Appeal reversed in part, holding that the trial court erred by failing to appoint conflict-free counsel to represent Bryant during the motion to withdraw plea proceedin
• Balas v. State
  210 So. 3d 104· Fla. 2d DCA· 2016-09-09
  Andrew Balas appealed the summary dismissal of his Rule 3.850 postconviction relief motion. The court affirmed dismissal of grounds two and three but reversed the summary denial of ground one because the postconviction court failed to address Balas's timely supplemental filing be
• Bland v. State
  210 So. 3d 106· Fla. 2d DCA· 2016-09-09 ·via Involuntary Plea
  Brian Bland appeals the trial court's dismissal of his motion to withdraw a guilty plea entered after sentencing. The appellate court reverses, finding the motion was facially sufficient and remands for an evidentiary hearing, holding that Bland's allegation that counsel withheld
• State v. Chanel Nicole Mendez
  200 So. 3d 169· Fla. 5th DCA· 2016-06-24 ·via Involuntary Plea
  The State appealed the trial court's vacation of Mendez's conviction for counterfeiting a payment instrument, which was vacated based on this court's prior holding that the possession element of the statute was facially unconstitutional. The appellate court reversed, holding that
• Sharrod Dunston v. State
  193 So. 3d 1066· Fla. 4th DCA· 2016-06-15 ·via Involuntary Plea
  Sharrod Dunston appeals the summary denial of his rule 3.850 postconviction motion raising claims of involuntary plea and ineffective assistance of counsel. The circuit court dismissed the motion based on lack of jurisdiction, but the state conceded error on appeal, and the court
• Burns v. State
  190 So. 3d 257· Fla. 5th DCA· 2016-05-06
  The court held that the trial court erred in summarily denying the motion for postconviction relief based on untimeliness and insufficient attachments.
• Devers v. State
  186 So. 3d 1126· Fla. 3d DCA· 2016-03-16
  The Florida Third District Court of Appeal reversed and remanded a summary denial of a Rule 3.850 motion challenging the voluntariness of a criminal plea. The state conceded error because the trial court failed to attach evidence conclusively refuting the defendant's claims of in
• Oberist Saunders v. State
  186 So. 3d 55· Fla. 5th DCA· 2016-02-19 ·via Involuntary Plea
  Oberist Saunders appeals the summary denial of his Rule 3.850 postconviction relief motion. The court affirms the denial of claim 3 regarding involuntary plea due to medication use, but reverses and remands claims 1 and 2 regarding ineffective assistance of counsel for failure to
• Jamison v. State
  186 So. 3d 37· Fla. 2d DCA· 2016-02-17 ·via Involuntary Plea
  Jean Jamison appeals his conviction and sentence for attempted second-degree murder, contending his plea was involuntary due to counsel's alleged misadvice regarding his sentence. The court remands for the trial court to determine whether conflict-free counsel must be appointed t
• Nikko Glen Albanese v. State
  179 So. 3d 405· Fla. 4th DCA· 2015-11-12 ·via Voluntary And Intelligent Guilty Plea
  Nikko Albanese appealed his guilty plea conviction on two grounds: that the plea agreement lacked consideration and that the trial court failed to hold a mental competency hearing. The appellate court affirmed, holding that both issues required a motion to withdraw the plea to be
• In & for New Castle Cnty.
  Del. Super. Ct.· 2015-10-02
  The Court denied the defendant's motion for postconviction relief but vacated his sentence, ordering a new presentence investigation and resentencing. The court found the motion was time-barred under Rule 61(i)(1) but allowed consideration of claims under the "miscarriage of just
• In & for New Castle Cnty.
  Del. Super. Ct.· 2015-09-14 ·via Knowing And Voluntary Plea
  The court denied the defendant's motion to withdraw his guilty plea, finding that he failed to demonstrate a fair and just reason for withdrawal. The defendant's claims of coercion, legal innocence, and ineffective counsel were not supported by the record, and granting the motion
• Weaver v. State
  163 So. 3d 719· Fla. 3d DCA· 2015-04-29
  Michael Weaver petitioned for a writ of habeas corpus challenging the legality of his 1999 sentence for second-degree murder and armed robbery, arguing that the trial court imposed an upward departure from sentencing guidelines without stating reasons and that his plea was involu
• In & for New Castle Cnty.
  Del. Super. Ct.· 2015-03-04
  The Court denied the defendant's motion for postconviction relief, finding that the motion was procedurally barred as untimely and that the defendant failed to establish a colorable claim of a miscarriage of justice. The Court also granted the Rule 61 counsel's motion to withdraw
• Bryon L. Reddick v. State
  155 So. 3d 427· Fla. 2d DCA· 2015-01-07 ·via Involuntary Plea
  Bryon Reddick appealed a postconviction court's summary denial of his motion to vacate his plea and sentence for battery on a detention facility employee. The appellate court reversed, finding that while Reddick's claims regarding costs were conclusively refuted by the plea form,
• Fernandez v. State
  154 So. 3d 408· Fla. 3d DCA· 2014-12-03
  Omar Fernandez appealed from orders denying his motions to withdraw his guilty plea and correct an allegedly illegal sentence, claiming the trial court relied on an inaccurately calculated sentencing guidelines scoresheet that inflated his sentence recommendation. The Third Distr
• State of Del. v. Gomez
  Del. Super. Ct.· 2014-11-17 ·via Knowing And Voluntary Plea
  The Court denied the defendant's motion for postconviction relief and request for an evidentiary hearing. The Court found that the defendant's claims were either procedurally barred, vague, or lacked merit. The defendant's guilty plea was deemed knowing, intelligent, and voluntar
• Jarred Galindo v. State
  150 So. 3d 269· Fla. 2d DCA· 2014-10-29 ·via Involuntary Plea
  Jarred Galindo appealed a postconviction court's summary denial of his fifth ineffective assistance of counsel claim. The appellate court reversed and remanded, holding that Galindo's claim that his plea was involuntary due to misadvice about the maximum possible sentence on coun
• Lagarrian R. Donaldson v. State
  146 So. 3d 1221· Fla. 2d DCA· 2014-09-03 ·via Involuntary Plea
  Donaldson appeals a postconviction court's partial denial of his Rule 3.850 motion. The court granted relief on his claim that his fifteen-year sentence for first-degree burglary was illegal because he had successfully completed a youthful offender boot camp program, but denied h
• Cortez Smalls v. State
  144 So. 3d 656· Fla. 2d DCA· 2014-08-08 ·via Involuntary Plea
  Cortez Smalls was convicted of robbery, throwing a deadly missile, obstructing an officer, and failure to appear. The Florida appellate court reversed his convictions because the trial court improperly set aside his initial no contest pleas without legal cause and over his abando
• Santoni v. State
  143 So. 3d 1097· Fla. 3d DCA· 2014-07-30
  A trial court has discretion to determine when to consider and accept a guilty plea, and this discretion cannot be compelled by a writ of mandamus.
• Lull v. State
  140 So. 3d 692· Fla. 1st DCA· 2014-06-11 ·via Involuntary Plea
• Vice v. State
  139 So. 3d 956· Fla. 2d DCA· 2014-06-06 ·via Involuntary Plea
  The court held that the postconviction court's order did not conclusively refute the defendant's claims of ineffective assistance of counsel regarding intoxication and failure to investigate, requiring further proceedings.
• Moseley v. State
  129 So. 3d 492· Fla. 2d DCA· 2014-01-08 ·via Involuntary Plea
  Corey Moseley appealed the summary denial of his Rule 3.850 motion for postconviction relief, which raised fourteen grounds. The court reversed and remanded on ground nine, concerning alleged affirmative misadvice by counsel regarding the consequences of a sexual predator designa
• Demers v. State
  136 So. 3d 634· Fla. 2d DCA· 2013-11-08
  Kevin Demers appeals the denial of his motion to withdraw a guilty plea, claiming he intended to enter a no-contest plea instead. The Florida District Court of Appeal affirms the denial, finding the trial court adequately established the guilty plea during the colloquy despite ac
• White v. State
  135 So. 3d 344· Fla. 5th DCA· 2013-11-01 ·via Involuntary Plea
  The court held that the trial court erred in summarily denying the claim regarding jail credit, but correctly denied other claims.
• Thompson v. State
  124 So. 3d 244· Fla. 1st DCA· 2013-06-27 ·via Involuntary Plea
• Rodriguez v. State
  109 So. 3d 1189· Fla. 2d DCA· 2013-03-27 ·via Involuntary Plea
  Rodriguez challenged the summary denial of his Rule 3.850 motion to withdraw his no-contest plea to cocaine possession, arguing his trial counsel failed to advise him of the presumptively mandatory deportation consequences as required by Padilla v. Kentucky. The Florida Second Di
• Privette v. State
  108 So. 3d 1155· Fla. 5th DCA· 2013-03-15 ·via Involuntary Plea
  The court held that a guilty plea induced by counsel's misadvice regarding the potential sentence for a charge that could not have been sustained is involuntary.
• Abdool Rahim v. State
  103 So. 3d 895· Fla. 2d DCA· 2012-10-17 ·via Involuntary Plea
  A trial court's warning during a plea colloquy that a defendant could be deported does not cure prejudice from counsel's failure to advise on deportation consequences.
• In & for New Castle Cnty.
  Del. Super. Ct.· 2012-09-17 ·via Knowing And Voluntary Plea
  The Court held that the defendant failed to show a fair and just reason to withdraw his guilty plea to rape third degree and failed to demonstrate ineffective assistance of counsel. The Court found that any procedural defects were waived by the guilty plea, the plea was knowing a