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

• Contreras-Garcia v. State
  95 So. 3d 993· Fla. 2d DCA· 2012-08-22 ·via Involuntary Plea
  The appellate court reversed the denial of a postconviction motion, finding that the defendant did not waive his right to raise claims regarding ineffective assistance of counsel and an involuntary plea. The court remanded the case for further proceedings to determine the merits
• Turner v. State
  85 So. 3d 1228· Fla. 4th DCA· 2012-05-02 ·via Involuntary Plea
• Heustis v. State
  82 So. 3d 183· Fla. 2d DCA· 2012-03-09 ·via Involuntary Plea
  The court held that a defendant's plea can be involuntary if based on counsel's misadvice regarding a collateral consequence, such as the loss of civil rights.
• Thaddeus Baxter v. State
  73 So. 3d 333· Fla. 5th DCA· 2011-10-28 ·via Involuntary Plea
  The court held that a motion for postconviction relief based on failure to advise of deportation consequences is subject to the same two-year time limit as other postconviction motions and that Padilla v. Kentucky does not apply retroactively.
• DeLUCCA v. State
  64 So. 3d 164· Fla. 4th DCA· 2011-06-22 ·via Involuntary Plea
  Joseph DeLucca appealed the trial court's denial of his Rule 3.850 postconviction motion seeking to withdraw his plea to child neglect and his admission to violating probation. The appellate court affirmed the denial because DeLucca's motion failed to clearly specify the grounds
• State v. Fitzroy Burton
  63 So. 3d 854· Fla. 1st DCA· 2011-06-08 ·via Knowing And Voluntary Plea
  The State appeals a trial court's summary grant of defendant Burton's motion to set aside his guilty plea, claiming he was not informed of potential deportation consequences. The First District reversed, holding that Burton's motion was facially insufficient because it failed to
• State v. Phillips
  62 So. 3d 1159· Fla. 4th DCA· 2011-06-01 ·via Involuntary Plea
  Florida appeals an order granting a defendant's motion to withdraw his guilty plea on the ground that he was not informed at the plea colloquy of the mandatory minimum sentence and ineligibility for gain time. The appellate court reverses, holding that because the defendant's att
• Creek v. State
  82 So. 3d 840· Fla. 4th DCA· 2011-04-06 ·via Knowing And Voluntary Plea
  Court reversed probation violation sentence and remanded for evidentiary hearing because the plea colloquy failed to address defendant's mental capacity and medication use, leaving allegations of involuntary plea not conclusively refuted.
• Horn v. State
  57 So. 3d 984· Fla. 5th DCA· 2011-04-01
  Tommie Horn appealed the denial of his motion to withdraw no contest pleas to probation violations, claiming his counsel misinformed him about the maximum sentence he could receive. The court reversed, holding that erroneous advice regarding potential sentences renders pleas invo
• State of Del. v. Schofield
  Del. Super. Ct.· 2011-03-14 ·via Voluntary And Intelligent Guilty Plea
  The court denied the defendant's motion to withdraw his guilty pleas. The defendant failed to demonstrate a "fair and just reason" for withdrawal, as his allegations of counsel's pressure and emotional coercion were unsubstantiated and contradicted by his own statements during tw
• Huy N. HA v. State
  56 So. 3d 834· Fla. 1st DCA· 2011-01-28
  Ha was charged with attempted first-degree premeditated murder and initially rejected all plea offers to proceed to trial. However, the trial judge improperly initiated and participated in plea discussions, implying that Ha would receive a 25-year sentence if he pled before jury
• Wiggs v. State
  53 So. 3d 384· Fla. 2d DCA· 2011-01-28
• Sylvette Barreto v. State
  50 So. 3d 738· Fla. 5th DCA· 2010-12-17 ·via Involuntary Plea
  Sylvette Barreto appeals her no contest pleas to sexual battery charges, claiming her plea was involuntary because she was under the influence of prescription medication at the time. The court affirms, finding the issue was not properly preserved and criticizing her counsel for f
• Smith v. State
  48 So. 3d 972· Fla. 3d DCA· 2010-12-01
  The appellate court reversed the denial of a motion to vacate a guilty plea, finding that the defendant's claim of ineffective assistance of counsel regarding double jeopardy and sentencing advice could be raised in a Rule 3.850 motion, even though the defendant had waived his ri
• Dejesus v. State
  45 So. 3d 532· Fla. 4th DCA· 2010-10-06 ·via Involuntary Plea
• Williams v. State
  43 So. 3d 950· Fla. 4th DCA· 2010-09-15
  The court held that a challenge to the legal sufficiency of an information is not cognizable in a rule 3.850 motion and that an ineffective assistance of counsel claim requires an allegation that the defendant would not have pleaded guilty but for the deficient advice.
• Tourrie Howard v. State
  41 So. 3d 1076· Fla. 4th DCA· 2010-08-11 ·via Involuntary Plea
  The court held that the defendant's claim that the circuit court failed to advise him of potential penalties under rule 3.172(c)(1) distinguishes this case from Gusow, warranting further review.
• Combs v. State
  39 So. 3d 548· Fla. 1st DCA· 2010-07-16 ·via Voluntary And Intelligent Guilty Plea
  Sherman Combs appealed the trial court's denial of his motion to withdraw a guilty plea made before sentencing. The appellate court affirmed the trial court's decision, finding that Combs failed to demonstrate the plea was involuntary and that the trial court did not abuse its di
• Arreskjold v. United States
  707 F. Supp. 2d 1332· S.D. Fla.· 2010-06-21
  The court held that a claim of ineffective assistance of counsel based on failure to anticipate a change in law is not constitutionally deficient performance, and prejudice is not shown when the subsequent legal change does not apply to the defendant's case. The court also held t
• Cantone v. State
  38 So. 3d 812· Fla. 2d DCA· 2010-06-18
  The court held that a defendant's claim of ineffective assistance of counsel regarding his right to testify and the voluntariness of his plea should not have been summarily denied. The court also held that a claim regarding the voluntariness of a plea due to unstated maximum sent
• Billens v. State
  36 So. 3d 798· Fla. 1st DCA· 2010-05-21
  The court reversed the summary denial of a Rule 3.850 motion because the record did not conclusively refute the defendant's claim that his plea was involuntary due to anti-psychotic medication, requiring the trial court to either attach relevant record portions or hold an evident
• Thomas v. State
  35 So. 3d 984· Fla. 3d DCA· 2010-05-19
  Oliver Thomas appealed the trial court's denial of his motion for postconviction relief, arguing the court erred by failing to appoint counsel at the evidentiary hearing. The Florida District Court of Appeal affirmed, finding no duty to appoint counsel where the defendant filed p
• Cantu v. State
  33 So. 3d 145· Fla. 2d DCA· 2010-05-07 ·via Involuntary Plea
  The court held that the postconviction court erred in finding a procedural bar on the appellant's claims, as the prior dismissal of a motion to withdraw plea was not a ruling on the merits.
• Gonzalez v. State
  29 So. 3d 435· Fla. 2d DCA· 2010-03-10 ·via Involuntary Plea
  Juan Gonzalez, a Mexican citizen, appealed the summary denial of his postconviction motion challenging guilty pleas to burglary and grand theft on the ground that the trial court failed to advise him of deportation consequences. The Florida Second District Court of Appeal reverse
• Gomez v. State
  28 So. 3d 114· Fla. 3d DCA· 2010-01-20 ·via Knowing And Voluntary Plea
  Jesus Gomez appeals the trial court's denial of his post-conviction motion to vacate his guilty plea for domestic battery, claiming the trial court failed to advise him of deportation consequences and his counsel was ineffective. The appellate court reversed and remanded because
• Clement A. McDOWELL v. State
  25 So. 3d 1257· Fla. 2d DCA· 2010-01-20 ·via Involuntary Plea
  The court held that the postconviction court erred by proceeding with an evidentiary hearing without permitting the defendant to be present to testify and assist in cross-examination.
• Greenberg v. State
  19 So. 3d 1184· Fla. 4th DCA· 2009-11-04 ·via Involuntary Plea
  The court held that the trial court erred by summarily denying a rule 3.850 motion without ordering a response, attaching records, or providing an explanation.
• T.F. v. State
  20 So. 3d 988· Fla. 1st DCA· 2009-10-27
  The court reversed a juvenile's disposition order and remanded because the trial court failed to ensure the child had an opportunity to consult with defense counsel before accepting a guilty plea entered solely for convenience.
• Alfano v. State
  17 So. 3d 899· Fla. 2d DCA· 2009-09-18 ·via Involuntary Plea
  The court held that a claim of involuntary plea due to misadvice regarding probation length is cognizable but requires an allegation that the defendant would not have pleaded had they been correctly advised.
• Cliff Hanson v. State
  18 So. 3d 615· Fla. 1st DCA· 2009-06-03 ·via Involuntary Plea
  Cliff Hanson petitioned for a belated appeal of his judgment and sentence. The court affirmed the Special Master's recommendation to deny the petition, but clarified important appellate rights by holding that defendants have constitutional and procedural rights to appeal even aft
• Albertoine Nordelus v. State
  8 So. 3d 473· Fla. 4th DCA· 2009-04-22 ·via Involuntary Plea
  Appellant Nordelus appealed a trial court's summary denial of his postconviction motion challenging the voluntariness of his guilty plea to DUI manslaughter. The Florida Supreme Court's decision in Bolware v. State established that driver's license revocation is a collateral cons
• Smith v. State
  7 So. 3d 635· Fla. 4th DCA· 2009-04-15 ·via Involuntary Plea
• Gaedtke v. McNeil
  612 F. Supp. 2d 1209· M.D. Fla.· 2009-03-25
  The court held that while petitioner's counsel's performance was deficient, it did not prejudice the outcome, thus denying habeas relief.
• Pierre v. State
  8 So. 3d 390· Fla. 5th DCA· 2009-03-06 ·via Involuntary Plea
  Florida appellate court reversed dismissal of post-conviction petition alleging involuntary plea due to lack of deportation warning, finding the petition adequately stated a claim for relief.
• Marshall v. State
  3 So. 3d 420· Fla. 4th DCA· 2009-02-18 ·via Involuntary Plea
  The court held that the trial court improperly summarily denied the defendant's motion for post-conviction relief without a state response or record attachments.
• Venta v. State
  Fla. 3d DCA· 2008-12-31 ·via Involuntary Plea
• Monroe v. State
  995 So. 2d 1180· Fla. 4th DCA· 2008-12-17 ·via Involuntary Plea
• Hansford v. State
  996 So. 2d 258· Fla. 1st DCA· 2008-12-16
• White v. State
  995 So. 2d 1172· Fla. 4th DCA· 2008-12-10 ·via Involuntary Plea
  Michael White petitioned for a writ of habeas corpus seeking additional jail credit for time served, claiming he was entitled to immediate release. The Fourth District Court of Appeal affirmed that White validly waived additional jail credit in his negotiated plea agreement and d
• Lamkin v. State
  5 So. 3d 1· Fla. 2d DCA· 2008-10-22 ·via Involuntary Plea
  Kenneth Lamkin appealed the denial of his Rule 3.850 postconviction motion alleging ineffective assistance of counsel. The court affirmed seven claims but reversed and remanded on claim 3, holding that the trial court abused its discretion by denying the facially insufficient cla
• Allen v. United States
  563 F. Supp. 2d 1335· M.D. Fla.· 2008-06-10 ·via Knowing And Voluntary Plea
  The court held that the petitioner's claims of mental incompetence, involuntary guilty plea, denial of continuance, and ineffective assistance of counsel were without merit.
• Pierre v. State
  982 So. 2d 1232· Fla. 4th DCA· 2008-05-28 ·via Involuntary Plea
  Wilner Pierre appeals the trial court's summary denial of his post-conviction relief motion under Florida Rule of Criminal Procedure 3.850. The appellate court affirmed the denial of claim three but reversed and remanded claims one and two for further proceedings.
• Baltodano v. State
  981 So. 2d 679· Fla. 2d DCA· 2008-05-23 ·via Involuntary Plea
  Edgar Baltodano appealed the denial of his Rule 3.850 postconviction motion challenging the voluntariness of his guilty plea. The court affirmed rejection of his deportation consequences claim but reversed and remanded regarding his ineffective assistance of counsel claim for fai
• Wainwright v. State
  983 So. 2d 635· Fla. 4th DCA· 2008-05-14
  A motion for post-conviction relief attacking a plea as involuntary due to alleged misinformation about sentence length and conditional release is untimely if not filed within two years of the judgment and sentence becoming final, as the existence of conditional release is not a
• Ford v. Sec'y, Dep't of Corr.
  558 F. Supp. 2d 1220· M.D. Fla.· 2008-04-04
  The court held that the petitioner's claims for habeas corpus relief were denied as they failed to meet the threshold requirements of 28 U.S.C. § 2254(d) and (e), and were either procedurally barred or refuted by the record.
• Butler v. State
  982 So. 2d 20· Fla. 2d DCA· 2008-03-26 ·via Involuntary Plea
  Florida appellate court affirmed Butler's convictions for attempted murder and armed burglary following his no contest plea, rejecting his pro se claims of ineffective assistance of counsel and involuntary plea without prejudice to postconviction relief.
• Naji Haddad v. State
  979 So. 2d 1036· Fla. 1st DCA· 2008-03-18 ·via Involuntary Plea
  Appellant Haddad challenged the summary denial of his postconviction motion seeking to vacate a 1981 guilty plea for drug possession based on lack of awareness of deportation consequences. The court affirmed the summary denial, holding that appellant was not entitled to notice be
• Smith v. State
  969 So. 2d 1144· Fla. 5th DCA· 2007-11-16 ·via Involuntary Plea
  The failure to file a timely motion to withdraw a plea under Rule 3.170(l) does not preclude an involuntary plea claim from being raised in a Rule 3.850 motion.
• Cobb v. State
  971 So. 2d 864· Fla. 2d DCA· 2007-11-16
  Stanley Cobb appeals the denial of his rule 3.850 postconviction motion alleging ineffective assistance of counsel. The court reversed in part, finding that Cobb's claims regarding counsel's failure to interview witnesses and file a suppression motion, as well as his claim of err
• Reyna v. State
  969 So. 2d 1100· Fla. 5th DCA· 2007-11-02
  The court held that a motion for post-conviction relief cannot be summarily denied without attaching relevant records, and an evidentiary hearing is required for claims of coerced plea absent such records.