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

• Prince v. State
  964 So. 2d 783· Fla. 4th DCA· 2007-09-12 ·via Involuntary Plea
  James Prince appeals a summary denial of his Rule 3.850 postconviction motion alleging his guilty plea was involuntary due to counsel's misrepresentation about his potential sentence. The court reverses the summary denial of his involuntariness claim and remands for an evidentiar
• Beasley v. State
  958 So. 2d 1086· Fla. 2d DCA· 2007-06-20 ·via Involuntary Plea
  Glenn Beasley appeals the denial of his postconviction motion claiming ineffective assistance of counsel based on alleged misadvice about his sentence and gain time forfeiture. The court affirmed most claims but reversed and remanded his involuntary plea claim regarding counsel's
• Vanterpool Rudder v. State
  957 So. 2d 691· Fla. 1st DCA· 2007-05-04
  Appellant challenged a summary denial of his 3.850 motion for postconviction relief based on five grounds. The court affirmed the summary denial of four grounds but reversed as to the fourth ground, which alleged trial counsel was ineffective for failing to advise him of potentia
• Gerrish v. State
  954 So. 2d 1276· Fla. 4th DCA· 2007-05-02
  The court affirmed the denial of a motion for post-conviction relief regarding misadvice on mandatory minimum sentences for trafficking and conspiracy, but reversed the summary denial of a claim concerning the stacking of mandatory minimums.
• Mosley v. State
  944 So. 2d 1152· Fla. 1st DCA· 2006-12-12 ·via Involuntary Plea
  The court reversed the trial court's summary denial of a 3.850 motion claim that trial counsel was deficient by misadvising the defendant about the maximum penalty, holding that such claims require an evidentiary hearing when not refuted by the plea colloquy record.
• Claridy v. State
  943 So. 2d 986· Fla. 1st DCA· 2006-12-08 ·via Involuntary Plea
  Kimberly Claridy appeals the summary denial of her Rule 3.850 motion for postconviction relief on six grounds. The appellate court affirms the trial court's denial on five grounds but reverses on Ground Six, which alleges her plea was involuntarily entered because it required her
• Knauff v. State
  941 So. 2d 1242· Fla. 5th DCA· 2006-11-17 ·via Involuntary Plea
  The court held that allegations of an involuntary plea coerced by counsel's threats are facially sufficient and require either record attachment or an evidentiary hearing.
• Defontes v. State
  939 So. 2d 1130· Fla. 4th DCA· 2006-10-04 ·via Involuntary Plea
  Steven Defontes appealed the summary denial of his motion for post-conviction relief challenging the voluntariness of his guilty pleas to robbery and violation of probation. Defontes claimed he was misinformed about the maximum sentences he faced and would not have pleaded guilty
• Hemmy v. State
  939 So. 2d 153· Fla. 2d DCA· 2006-09-27 ·via Involuntary Plea
  Paul Hemmy appeals the summary denial of his Rule 3.850 postconviction motion alleging seven claims for relief. The appellate court affirms the denial of six claims but reverses and remands on Hemmy's claim that his guilty plea was involuntary due to coercion by the trial judge,
• Carvalho v. State
  932 So. 2d 644· Fla. 4th DCA· 2006-07-12 ·via Involuntary Plea
  The court held that the defendant's post-conviction motion stated a legally sufficient claim for an involuntary plea.
• Johnson v. State
  933 So. 2d 1203· Fla. 5th DCA· 2006-06-30 ·via Involuntary Plea
  Terry Johnson appeals the summary denial of his Rule 3.850 post-conviction relief motion, claiming his trial counsel misadvised him about the consequences of his plea to DUI. The court reverses and remands, holding that affirmative misadvice regarding a material and immediate con
• Smith v. State
  929 So. 2d 1189· Fla. 4th DCA· 2006-06-07 ·via Involuntary Plea
  The court reversed in part and remanded a rule 3.850 motion where the trial court summarily denied the defendant's claim that his plea was involuntary due to an incorrectly prepared scoresheet that improperly included offenses for which he was sentenced as a habitual felony offen
• Hall v. State
  929 So. 2d 1148· Fla. 5th DCA· 2006-06-02 ·via Knowing And Voluntary Plea
  The court held that the defendant's guilty plea was involuntary and unknowing due to ineffective assistance of counsel regarding a mandatory minimum sentence, warranting post-conviction relief.
• Gould v. State
  928 So. 2d 1251· Fla. 2d DCA· 2006-05-24 ·via Involuntary Plea
  Edward Gould appealed a postconviction relief order dismissing and denying portions of his Rule 3.850 motion. The court affirmed the dismissal and denial of most claims but reversed the partial denial of claim one regarding an allegedly involuntary plea based on scoresheet miscal
• Adell Barnes v. State
  933 So. 2d 40· Fla. 2d DCA· 2006-05-12 ·via Knowing And Voluntary Plea
  Florida appellate court affirmed a five-year sentence for drug offenses despite finding the trial court failed to inform the defendant of the maximum possible sentence, but allowed postconviction relief without prejudice.
• Charles v. State
  920 So. 2d 740· Fla. 5th DCA· 2006-02-10 ·via Involuntary Plea
  The court held that the trial court erred in summarily denying the defendant's motion because the attached immigration documents sufficiently demonstrated he was threatened with deportation.
• Franklin v. State
  917 So. 2d 303· Fla. 3d DCA· 2005-12-21 ·via Involuntary Plea
  John Franklin appeals the denial of his motion for postconviction relief filed under Florida Rule of Criminal Procedure 3.850(b)(3), which allows late filing when counsel neglects to timely file such a motion. The court affirmed the denial because Franklin had already filed a pro
• Smith v. State
  915 So. 2d 287· Fla. 4th DCA· 2005-12-07 ·via Involuntary Plea
  Florida appellate court reversed denial of Rule 3.850 relief where defendant's plea was involuntary due to affirmative misadvice by counsel, prosecutor, and judge regarding the effective date of a statute affecting prison time credit.
• Gonzalez v. State
  914 So. 2d 1040· Fla. 3d DCA· 2005-11-23 ·via Involuntary Plea
• Moore v. State
  909 So. 2d 605· Fla. 4th DCA· 2005-09-07 ·via Involuntary Plea
  The court held that the motion to withdraw plea was properly summarily denied because it was untimely and unverified, but without prejudice to refile under Rule 3.850.
• State v. David
  908 So. 2d 1188· Fla. 2d DCA· 2005-08-31 ·via Involuntary Plea
  The State appealed a trial court's grant of Emmanuel David's rule 3.850 motion vacating his guilty plea to grand theft charges. David, a foreign national, claimed the plea was involuntary because he was not advised of potential deportation consequences as required by rule 3.172(c
• Jamaal A. Hameen v. Sheriff John H. Rutherford
  909 So. 2d 407· Fla. 1st DCA· 2005-08-18 ·via Involuntary Plea
  Jamaal Harneen appeals the summary denial of his habeas corpus petition challenging his 2003 guilty plea and sentence. The court affirmed the denial because the petition was legally insufficient, but allowed Harneen to file a properly formatted motion for postconviction relief ch
• Andrade v. State
  905 So. 2d 942· Fla. 1st DCA· 2005-06-20 ·via Involuntary Plea
• Hayden Michael Bayer v. State
  902 So. 2d 353· Fla. 2d DCA· 2005-06-01 ·via Involuntary Plea
  Hayden Bayer appeals the trial court's denial of his motion to withdraw a guilty plea to attempted first-degree murder, arguing his plea was involuntary because he was taking antidepressant and antipsychotic medication that impaired his ability to understand the consequences of h
• Perry v. State
  900 So. 2d 755· Fla. 4th DCA· 2005-05-04 ·via Knowing And Voluntary Plea
  Willie Perry appealed his guilty plea in a kidnapping and sexual battery case, challenging the adequacy of the plea colloquy conducted by the trial court. The Florida Fourth District Court of Appeal reversed and remanded, holding that the trial court failed to comply with Florida
• Mosley v. State
  888 So. 2d 734· Fla. 1st DCA· 2004-12-10
  The court reversed in part and remanded a postconviction motion where the appellant raised a facially sufficient claim that his mental condition and psychotropic medications rendered his guilty plea involuntary, as the record did not conclusively refute this claim.
• Bettis v. State
  912 So. 2d 585· Fla. 2d DCA· 2004-12-03 ·via Involuntary Plea
  James Bettis appeals the trial court's denial of his motion to withdraw his no-contest plea, arguing the imposed sentence violated the plea agreement. The appellate court reversed and remanded for an evidentiary hearing, finding the record ambiguous as to whether Bettis understoo
• Thomas v. State
  888 So. 2d 146· Fla. 4th DCA· 2004-12-01 ·via Involuntary Plea
  The court held that the plea colloquy and forms did not conclusively refute the defendant's claims that his plea was involuntary due to counsel's misadvice regarding boot camp eligibility.
• Arbelaez v. United States
  344 F. Supp. 2d 1378· S.D. Fla.· 2004-11-08 ·via Knowing And Voluntary Plea
  The court held that the defendant's claims of ineffective assistance of counsel failed because she did not demonstrate prejudice, as she ultimately benefited from the plea agreement and her testimony regarding alleged misrepresentations was not credible.
• Nichols v. State
  876 So. 2d 1279· Fla. 5th DCA· 2004-07-16 ·via Involuntary Plea
• Smith v. State
  876 So. 2d 714· Fla. 4th DCA· 2004-06-30 ·via Involuntary Plea
  The court held that a postconviction movant is entitled to relief if defense counsel misrepresented the sentence length, potentially rendering the plea involuntary.
• Greomar Duprey v. State
  870 So. 2d 256· Fla. 2d DCA· 2004-03-26
  Greomar Duprey appeals the denial of his postconviction motion for ineffective assistance of counsel, claiming trial counsel failed to adequately advise him about the voluntary intoxication defense before he pleaded guilty to second-degree murder. The court reverses the summary d
• Foeley v. State
  869 So. 2d 26· Fla. 2d DCA· 2004-02-27 ·via Involuntary Plea
  Roger Foeley appealed the denial of his motion to vacate judgment and withdraw his plea, claiming his ingestion of prescription drug Pamelor rendered him unable to comprehend the plea's nature and consequences. The court affirmed denial of some claims but reversed and remanded re
• Montgomery v. State
  869 So. 2d 27· Fla. 2d DCA· 2004-02-27 ·via Involuntary Plea
  The court held that the defendant's claim of involuntary plea due to misadvice about youthful offender status is facially sufficient to warrant an evidentiary hearing.
• Cook v. State
  865 So. 2d 628· Fla. 1st DCA· 2004-02-06
  Cook challenged the trial court's summary denial of his Rule 3.850 postconviction motion, raising claims that his plea was involuntary due to impairment from prescribed psychotropic medication. The appellate court reversed the trial court's summary denial of his medication-impair
• Caples v. State
  863 So. 2d 1261· Fla. 5th DCA· 2004-01-09 ·via Involuntary Plea
  Gary Caples appealed the trial court's denial of his motion to withdraw a guilty plea, arguing the plea was void due to a material mistake of law, was coerced, and was involuntary due to inadequate advisement about post-incarceration supervision. The appellate court affirmed the
• Bowling v. State
  863 So. 2d 383· Fla. 5th DCA· 2003-12-19 ·via Involuntary Plea
  Francis Bowling appeals the summary denial of his rule 3.850 postconviction relief motion, claiming the trial court improperly denied relief without attaching documents addressing his claim that boot camp eligibility was a condition of his plea agreement. The appellate court reve
• Green v. State
  860 So. 2d 1055· Fla. 5th DCA· 2003-12-05 ·via Involuntary Plea
  Carl Green appeals the summary denial of his Florida Rule of Criminal Procedure 3.850 motion challenging his 1996 guilty plea conviction for armed burglary and related offenses. Green argues his plea was involuntary because he was not represented by counsel and was not advised of
• State v. Caswell
  999 So. 2d 1065· Fla. 1st DCA· 2003-10-31
  Florida seeks certiorari review of a circuit court's decision that a defendant's DUI plea was involuntary because she was not informed that permanent driver's license revocation would result. The First District reverses, holding that license revocation is an administrative conseq
• Liebman v. State
  853 So. 2d 514· Fla. 4th DCA· 2003-08-20 ·via Involuntary Plea
  Jack Liebman appealed the denial of his motion to withdraw no contest pleas entered in seven cases, arguing he was denied counsel and received ineffective assistance at the hearing where he withdrew his motion to withdraw the plea. The appellate court affirmed, holding that Liebm
• Franklyn Glinton v. State
  850 So. 2d 609· Fla. 2d DCA· 2003-07-18 ·via Involuntary Plea
• Goebel v. State
  848 So. 2d 479· Fla. 5th DCA· 2003-07-03 ·via Involuntary Plea
  Eric Goebel seeks a writ of habeas corpus challenging the effectiveness of his appellate counsel who failed to file an answer brief in an interlocutory appeal of a suppression order. The court holds that Goebel may be entitled to a belated appeal, but only after withdrawing his g
• In & for New Castle Cnty.
  Del. Super. Ct.· 2003-06-02 ·via Knowing And Voluntary Plea
  The court denied the defendant's motion for postconviction relief, finding it procedurally barred by the three-year time limit under Superior Court Criminal Rule 61(i)(1). The court also determined that the defendant failed to establish a colorable claim of a miscarriage of justi
• Keller v. State
  846 So. 2d 631· Fla. 4th DCA· 2003-05-28 ·via Involuntary Plea
  Earl Keller appeals the summary denial of his postconviction relief motion, claiming his counsel was ineffective for failing to advise him that his convictions for carjacking and grand theft of the same vehicle violated double jeopardy. The court reverses the summary denial as to
• In & for New Castle Cnty.
  Del.· 2003-05-12
  The court denied the defendant's motion for postconviction relief, finding that his trial counsel's representation was not ineffective. The court determined that counsel's decision not to file a motion to suppress was reasonable because the administrative search of the defendant'
• Graff v. State
  846 So. 2d 582· Fla. 2d DCA· 2003-04-30
  Lawrence Graff challenges the summary denial of his post-conviction relief motion, claiming his guilty plea was involuntary due to ineffective assistance of counsel. Graff alleged his attorney misled him about the judge's sentencing discretion and the possibility of drug treatmen
• Delmar Hampton v. State
  838 So. 2d 1248· Fla. 2d DCA· 2003-03-12 ·via Involuntary Plea
  Delmar Hampton appeals the trial court's denial of his motion to withdraw a no contest plea, arguing he was denied his Sixth Amendment right to counsel during this critical stage of criminal proceedings. The court reversed, holding that an indigent defendant is entitled to court-
• Jonas Nivose v. State
  835 So. 2d 1248· Fla. 4th DCA· 2003-01-29 ·via Involuntary Plea
• MacDonald
  Del.· 2003-01-02
  The Delaware Supreme Court affirmed the defendant's conviction for first-degree murder. The court held that the trial judge did not err in denying the defendant's motions for a mistrial, nor did the court err in its evidentiary rulings. The defendant's arguments regarding the pro
• Gonzalez v. State
  831 So. 2d 1290· Fla. 2d DCA· 2002-12-20 ·via Involuntary Plea
  Gonzalez appeals the denial of his motion for postconviction relief alleging ineffective assistance of counsel regarding promises made about jail time credit in connection with his plea agreement. The court reverses and remands for an evidentiary hearing to determine whether defe