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

• Schenck v. State
  662 So. 2d 998· Fla. 4th DCA· 1995-11-08 ·via Involuntary Plea
• Arnaldo Lugo v. State
  658 So. 2d 623· Fla. 3d DCA· 1995-07-19 ·via Involuntary Plea
  Arnaldo Lugo appeals the denial of his motion to vacate his guilty plea and fifteen-year sentence, arguing the plea was involuntary because he was unaware it was a habitual felony offender sentence. The court affirmed, finding that Lugo was fully aware of the nature of the senten
• Bountheo Xayavongsa v. State
  656 So. 2d 548· Fla. 2d DCA· 1995-06-09
  Bountheo Xayavongsa appealed his convictions and sentences following a guilty plea, arguing the trial court should have allowed him to withdraw his plea due to an amended sentencing scoresheet filed on the day of sentencing that increased his permitted sentence range by eighteen
• Cleveland Rosier v. State
  655 So. 2d 160· Fla. 1st DCA· 1995-05-09 ·via Involuntary Plea
  The court held that the appellant's postconviction motion was timely and that his claim regarding consecutive sentences under Hale v. State should be remanded for a determination of separate criminal episodes, while other claims were procedurally barred or lacked merit.
• Robinson v. State
  661 So. 2d 36· Fla. 2d DCA· 1995-04-05 ·via Involuntary Plea
  Chester Robinson appealed the summary denial of his Rule 3.850 postconviction relief motion challenging his conviction for armed robbery. The court affirmed the denial, rejecting Robinson's claims of ineffective assistance of counsel regarding a prosecutor's reference to his fail
• Rigabar v. Hon. Virginia Gay Broome
  658 So. 2d 1038· Fla. 4th DCA· 1995-04-05
  A criminal defendant petitioned for mandamus to compel a trial judge to accept his guilty plea based on his best interest while maintaining his innocence, despite the judge's categorical policy against accepting such pleas. The court held that once a guilty plea satisfies the sta
• Brooks v. State
  644 So. 2d 354· Fla. 2d DCA· 1994-11-09 ·via Involuntary Plea
  Wallace Brooks appeals the denial of his motion for post-conviction relief under Florida Rule of Criminal Procedure 3.850, arguing his plea to cocaine possession was involuntary because he was not informed of the consequences of being sentenced as a habitual offender and did not
• State v. Reutter
  644 So. 2d 564· Fla. 2d DCA· 1994-10-14
  A trial court's finding that a guilty plea was involuntarily entered due to the defendant's use of psychotropic drugs is affirmed when competent evidence in the record supports that finding, even if the evidence consists primarily of the defendant's own testimony and that of witn
• Patterson v. State
  641 So. 2d 191· Fla. 2d DCA· 1994-08-24 ·via Involuntary Plea
  The court held that the trial court erred in denying a motion for postconviction relief without attaching sufficient record documents to refute the claims or holding an evidentiary hearing.
• United States v. Baskin
  768 F. Supp. 3· M.D. Fla.· 1994-06-27 ·via Knowing And Voluntary Plea
  A defendant's guilty plea waives most constitutional challenges, and claims of ineffective assistance of counsel require a showing of prejudice.
• Warren v. State
  638 So. 2d 156· Fla. 2d DCA· 1994-06-10
  A defendant may withdraw a plea induced by trial counsel's mistaken advice regarding the actual duration of the sentence if prejudice is shown.
• Pruitt v. State
  627 So. 2d 118· Fla. 1st DCA· 1993-12-03 ·via Involuntary Plea
  Michael Pruitt appeals the denial of his rule 3.850 motion for post-conviction relief, claiming his guilty plea was involuntary because he was misled about his sentencing range and that his counsel was ineffective. The appellate court found the trial court failed to comply with p
• Hockett v. Duckworth
  999 F.2d 1160· 7th Cir.· 1993-07-26 ·via Knowing And Voluntary Plea
  The court held that the district court did not err in denying the habeas petition without an evidentiary hearing, as the state court post-conviction proceedings adequately addressed the ineffective assistance of counsel claim.
• United States v. Byrd
  995 F.2d 536· 4th Cir.· 1993-06-15 ·via Knowing And Voluntary Plea
  The court held that the district court did not err in refusing to entertain a collateral challenge to a prior state conviction based on an alleged Boykin violation, as neither the Sentencing Guidelines nor the Constitution provide a right to do so at sentencing.
• Spinelli v. Collins
  992 F.2d 559· 5th Cir.· 1993-06-08
  A defendant's mistaken belief about parole eligibility, not based on promises from the state, attorney, or court, is insufficient to invalidate a guilty plea, even if the state initiated plea negotiations.
• United States v. Dalman
  994 F.2d 537· 8th Cir.· 1993-06-04
  A guilty plea is valid if it represents a voluntary and intelligent choice among alternatives, and a defendant's claim of medication impairment or coercion is rejected if the record shows understanding and voluntary action.
• United States v. Japa
  994 F.2d 899· 1st Cir.· 1993-05-24
  The court held that the defendant was adequately informed of the maximum sentence and understood the charges, making his guilty plea knowing and voluntary, and that sentencing procedures were adequate.
• Hager v. United States
  993 F.2d 4· 1st Cir.· 1993-05-21 ·via Voluntary And Intelligent Guilty Plea
  The court held that the appellant's plea was voluntary and the district court's failure to inquire further into his health did not constitute an error of fundamental character warranting a writ of coram nobis.
• United States v. Clements
  992 F.2d 417· 2d Cir.· 1993-04-26
  The court held that the district court did not abuse its discretion in denying a motion to withdraw a guilty plea without a hearing, even though the government failed to explicitly disclose a condition that all defendants must plead guilty.
• Garcia v. Johnson
  991 F.2d 324· 6th Cir.· 1993-04-15
  The court held that the state court's finding that the petitioner's guilty plea was voluntary and intelligent should be presumed correct, despite language difficulties and temporary contradictions in the plea colloquy.
• Bertram Mann v. State
  616 So. 2d 1112· Fla. 5th DCA· 1993-04-09 ·via Knowing And Voluntary Plea
  The court held that the defendant's plea was not knowing and voluntary due to a misunderstanding of the sentence, and therefore, his request to withdraw the plea should have been granted.
• United States v. Gracia
  983 F.2d 625· 5th Cir.· 1993-02-02
  The court held that a district court's misstatement regarding the term of supervised release constitutes harmless error if it does not materially influence the defendant's decision to plead guilty. The court also modified the sentence to conform to statutory requirements for supe
• United States v. Dent
  984 F.2d 1453· 7th Cir.· 1993-01-26
  The court held that grand jury testimony, even if trustworthy, cannot be admitted under the residual hearsay exception (Rule 804(b)(5)) if it is specifically covered by another exception (Rule 804(b)(1)) and fails to meet that exception's requirements.
• United States v. Camillo Todaro
  982 F.2d 1025· 6th Cir.· 1993-01-12
  The court held that a defendant cannot withdraw a guilty plea based on alleged attorney promises when those promises are directly contradicted by the record and the defendant's own statements to the court.
• United States v. PAZ
  981 F.2d 199· 5th Cir.· 1992-12-29
  The court held that the defendant failed to demonstrate reversible error regarding the use of an uncertified interpreter or the court's failure to inquire into her English proficiency, thus affirming the conviction.
• United States v. Mercedes-Amparo
  980 F.2d 17· 1st Cir.· 1992-11-23
  The court held that the government's breach of its plea agreement obligation to recommend a sentence within the guideline range warrants resentencing.
• United States v. Seybold
  979 F.2d 582· 7th Cir.· 1992-11-10 ·via Knowing And Voluntary Plea
  A knowing and voluntary guilty plea waives most prior constitutional claims, and the defendant's claims regarding self-representation were waived by his guilty plea.
• Meier v. State
  605 So. 2d 1337· Fla. 5th DCA· 1992-10-16 ·via Involuntary Plea
  The court held that a defendant is not entitled to withdraw a plea based on counsel's failure to advise about loss of prison gain time, absent an allegation of misadvice or expectation of a shortened sentence.
• Varela v. Kaiser
  976 F.2d 1357· 10th Cir.· 1992-10-07
  An attorney's failure to advise an alien client that deportation may result from a guilty plea does not constitute ineffective assistance of counsel.
• United States v. DeBUSK
  976 F.2d 300· 6th Cir.· 1992-09-29 ·via Knowing And Voluntary Plea
  A defendant's misunderstanding based on his lawyer's incorrect advice, despite the judge's clear warnings about sentencing discretion and plea withdrawal, does not entitle him to withdraw his guilty plea.
• van Russell v. United States
  976 F.2d 323· 7th Cir.· 1992-09-24 ·via Knowing And Voluntary Plea
  The court held that a petitioner cannot raise claims in a second or successive motion if they were not raised on direct appeal and lack cause and prejudice, nor can they relitigate issues already decided on the merits without showing the ends of justice require it.
• Muschett v. State
  609 So. 2d 630· Fla. 4th DCA· 1992-09-02
  Muschett appealed the denial of his Rule 3.850 post-conviction motion claiming his guilty plea to attempted murder was involuntary and his trial counsel provided ineffective assistance based on alleged misrepresentations about gain time and control release consequences. The court
• COX v. A.L. Lockhart
  970 F.2d 448· 8th Cir.· 1992-07-16 ·via Knowing And Voluntary Plea
  A voluntary and intelligent guilty plea waives non-jurisdictional defects, including speedy trial claims, and a defendant must fairly present federal claims to state courts before raising them in federal habeas corpus. Ineffective assistance of counsel claims require showing coun
• Mustread v. Gilmore
  966 F.2d 1148· 7th Cir.· 1992-07-08
  The court held that the district court did not err in finding that both the defendant and his attorney were aware of the exculpatory nature of the wife's potential testimony, rendering any Brady violation harmless and the attorney's assistance effective.
• Cary R. Ortberg v. Russel Moody
  961 F.2d 135· 9th Cir.· 1992-04-03
  A request for a Certificate of Probable Cause can serve as a notice of appeal, and a nolo contendere plea bars challenges to pre-plea constitutional violations not related to the plea's voluntariness.
• United States v. Pollard
  959 F.2d 1011· D.C. Cir.· 1992-03-20
  The court held that plea wiring, where a prosecutor offers leniency for a defendant's relative in exchange for a guilty plea, does not per se violate the Constitution. The court also found that the government did not breach the plea agreement in its sentencing allocution.
• Hernandez v. State
  595 So. 2d 1071· Fla. 2d DCA· 1992-03-13 ·via Involuntary Plea
  Victor Hernandez appealed the denial of his motion for postconviction relief, claiming he was promised only a single minimum mandatory sentence but received multiple stacked sentences. The Florida appellate court affirmed the denial, finding the trial transcripts refuted his alle
• United States v. Richard W. "Rick" Morgan
  958 F.2d 847· 8th Cir.· 1992-03-11
  The court held that a voluntary and intelligent guilty plea does not become vulnerable due to later judicial decisions invalidating some charges, and that the district court properly set aside only the money laundering counts based on United States v. Larson.
• Lines v. State
  594 So. 2d 322· Fla. 1st DCA· 1992-02-14
  A trial court did not abuse its discretion in denying a motion to withdraw a nolo contendere plea where, although the defendant alleged his counsel failed to advise him of a possible insanity defense, he presented no evidence that he was incompetent at the time of the offense or
• Gonzalez v. State
  593 So. 2d 592· Fla. 3d DCA· 1992-02-11 ·via Knowing And Voluntary Plea
  The court held that the appellant's successive motion to vacate was procedurally barred because the prior motion was not denied for legal insufficiency, and the appellant's claims were based on a negotiated plea, not a jury verdict.
• United States v. Parra-Ibanez
  951 F.2d 21· 1st Cir.· 1991-12-12 ·via Knowing And Voluntary Plea
  The court held that the error in the Rule 11 proceedings was not harmless, vacating the judgment of conviction.
• United States v. Campusano
  947 F.2d 1· 1st Cir.· 1991-10-17
  The court held that the mandatory sentencing provision of 18 U.S.C. § 924(c) is constitutional and that a state court guilty plea, even if not explicitly warned of potential federal consequences, is admissible in a federal trial if voluntarily and intelligently made.
• Micheaux v. Collins
  944 F.2d 231· 5th Cir.· 1991-10-09
  The court held that federal habeas courts are not bound by state habeas trial court findings if not adopted by the final state decisionmaker and are inconsistent with it.
• United States v. Jacobo Graibe
  946 F.2d 1414· 9th Cir.· 1991-10-09
  The court held that the district court's failure to inform the defendant that he could not withdraw his guilty plea if the court refused to accept the government's sentencing recommendation constituted a violation of Rule 11(e)(2) that affected a substantial right and was not har
• Spence v. Crispus C. NIX
  945 F.2d 1030· 8th Cir.· 1991-09-24
  The court held that although counsel was deficient in failing to file a motion to arrest judgment, the petitioner could not show prejudice because his guilty pleas were voluntary and he would not have succeeded on appeal.
• United States v. Wade
  940 F.2d 1375· 10th Cir.· 1991-08-05 ·via Knowing And Voluntary Plea
  The court held that the district court did not abuse its discretion in denying the defendant's motion to withdraw his guilty plea.
• Cameron v. State
  582 So. 2d 168· Fla. 1st DCA· 1991-07-10
  The court affirmed the denial of claims regarding involuntary guilty plea and ineffective assistance of counsel but reversed the denial of the habitual offender sentencing claim, remanding for the trial court to demonstrate compliance with statutory procedural safeguards or take
• Long v. Armontrout
  938 F.2d 106· 8th Cir.· 1991-07-05
  The court held that defects in post-conviction proceedings do not raise constitutional questions cognizable in habeas corpus, and that the petitioner failed to demonstrate ineffective assistance of counsel or prejudice from alleged errors regarding his guilty plea.
• Thomas v. State
  580 So. 2d 900· Fla. 1st DCA· 1991-06-21 ·via Involuntary Plea
• Dunn v. State
  577 So. 2d 692· Fla. 1st DCA· 1991-04-09