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

• Bowden v. State
  576 So. 2d 947· Fla. 2d DCA· 1991-03-29
  The court reversed the trial court's summary denial of a Rule 3.850 motion regarding voluntariness of plea and ineffective assistance of counsel claims, finding the trial judge failed to examine the relevant change of plea hearing transcript, and remanded for proper evaluation.
• Moore v. Armontrout
  928 F.2d 288· 8th Cir.· 1991-03-20
  The court held that ineffective assistance of post-conviction counsel can constitute cause to lift a procedural bar, but in this case, counsel's strategic decision not to raise the rape charge issue was reasonable. The court also found the guilty pleas for rape and tampering were
• Pullara v. State
  569 So. 2d 906· Fla. 2d DCA· 1990-11-14 ·via Involuntary Plea
• Gilchrist v. State
  566 So. 2d 953· Fla. 1st DCA· 1990-09-27
• United States v. Vidakovich
  911 F.2d 435· 10th Cir.· 1990-08-24
  The court held that the district court did not abuse its discretion in denying Vidakovich's motion to withdraw his guilty pleas.
• United States v. Garcia-Flores
  906 F.2d 147· 5th Cir.· 1990-07-18
  The court held that a defendant's right to appeal a sentence can be adequately conveyed at rearraignment, prior to sentencing, and that the language used was sufficient to inform the defendant of this right.
• Roderick v. Trickey
  902 F.2d 9· 8th Cir.· 1990-04-26
  The court held that a state court's factual findings regarding a guilty plea are presumed correct and that a habeas petitioner's claims contradicting his statements at the plea hearing are insufficient to warrant relief.
• Hicks v. State
  559 So. 2d 1265· Fla. 3d DCA· 1990-04-17 ·via Voluntary And Intelligent Guilty Plea
  Dale Hicks appealed sentences imposed in two consolidated criminal cases totaling 40 years. The Florida appellate court affirmed the original sentencing order from May 17, 1989, holding that the negotiated plea agreement was binding and sufficient to justify departure from guidel
• Felton Leroy Hingson v. State
  553 So. 2d 768· Fla. 1st DCA· 1989-12-15 ·via Involuntary Plea
  Appellant Hingson challenged his guilty plea to sexual battery charges, arguing that his prior offenses were improperly scored under the sentencing guidelines scoresheet, resulting in an inflated recommended prison range that may have influenced his decision to plead guilty. The
• Allen v. B.J. Bunnell
  891 F.2d 736· 9th Cir.· 1989-12-11
  The court held that the rule established in Carter v. McCarthy, requiring defendants to be informed of mandatory parole terms as a direct consequence of a guilty plea, should not be applied retroactively to pleas entered before Carter was decided.
• Ellis v. Lynaugh
  883 F.2d 363· 5th Cir.· 1989-09-15
  The court held that a defendant's plea of 'true' to prior felony convictions for sentence enhancement purposes waives any prior complaints about those convictions, and that ineffective assistance of counsel claims must meet the Strickland standard.
• Evans v. State
  539 So. 2d 33· Fla. 1st DCA· 1989-03-09 ·via Involuntary Plea
• Lehman v. State
  538 So. 2d 152· Fla. 2d DCA· 1989-02-17
• United States v. Carasis
  863 F.2d 615· 8th Cir.· 1988-12-23
  The court held that the district court did not abuse its discretion in denying the defendants' motions to withdraw their guilty pleas.
• Huston v. Jones
  863 F.2d 30· 8th Cir.· 1988-12-15 ·via Involuntary Plea
  The court held that the appellant's third habeas corpus petition did not constitute an abuse of the writ, but that his claims of involuntariness were belied by the plea transcript.
• Ossie Mounds v. State
  526 So. 2d 1084· Fla. 4th DCA· 1988-06-29
• People OF THE Territory OF Guam v. Gentapanan
  848 F.2d 992· 9th Cir.· 1988-06-07
• United States v. Ayala
  690 F. Supp. 1014· S.D. Fla.· 1988-06-03 ·via Knowing And Voluntary Plea
  A defendant seeking to withdraw a guilty plea must demonstrate a fair and just reason, and a Brady violation does not invalidate a plea entered into knowingly and voluntarily.
• Hasan Tashin Agtas v. Hard Whitley
  836 F.2d 1233· 9th Cir.· 1988-01-14 ·via Knowing And Voluntary Plea
  The court held that the district court correctly dismissed the habeas corpus petition, finding no denial of effective assistance of counsel, a knowing and voluntary guilty plea, and no entitlement to an evidentiary hearing.
• Wohlhuter v. State
  515 So. 2d 362· Fla. 4th DCA· 1987-11-12 ·via Voluntary And Intelligent Guilty Plea
  Edward Wohlhuter appealed his sentencing following a guilty plea to fraudulently obtaining a controlled substance and a probation violation. The appellate court dismissed the appeal, holding that a defendant who pleads guilty cannot directly appeal the sentence without first atte
• Acosta v. State
  515 So. 2d 299· Fla. 3d DCA· 1987-10-27 ·via Involuntary Plea
• Haynes v. Butler
  825 F.2d 921· 5th Cir.· 1987-08-28
  The court held that the fifty-year sentence imposed on the petitioner was consistent with legislative intent and not constitutionally impermissible, thus denying habeas corpus relief.
• Micky Park v. State
  509 So. 2d 1379· Fla. 1st DCA· 1987-07-23 ·via Involuntary Plea
  Micky Park appeals the denial of his post-conviction relief motion challenging the voluntariness of his guilty plea to second-degree murder and armed robbery. The court holds that while Park was not entitled to sentencing guidelines for the murder charge, he was entitled to elect
• Robinson v. A.L. Lockhart
  823 F.2d 210· 8th Cir.· 1987-07-07 ·via Involuntary Plea
• Mills v. State
  507 So. 2d 168· Fla. 4th DCA· 1987-05-13
  The court held that the appellant's allegations were sufficient to warrant an evidentiary hearing regarding the voluntariness of his plea.
• Smith v. State
  506 So. 2d 69· Fla. 1st DCA· 1987-04-29 ·via Involuntary Plea
• Coban v. State
  502 So. 2d 1262· Fla. 2d DCA· 1986-12-30
  Where a defendant pled guilty to first-degree murder pursuant to a negotiated plea without being advised of the mandatory 25-year minimum before parole eligibility, and no direct appeal challenged the sentence's legality, the appellate court affirmed that the sentence is a negoti
• MacKer v. State
  500 So. 2d 256· Fla. 3d DCA· 1986-12-16
  Macker was convicted after pleading guilty pursuant to a plea agreement in which the state promised to encourage his placement in federal prison and inform the parole commission of his cooperation. The state breached this agreement by telling the parole commission Macker was a "v
• Ball v. Ricketts
  779 F.2d 578· 10th Cir.· 1986-12-16
  The court held that the lack of notice to the juvenile offender's parents regarding his arrest and arraignment violates due process and renders his guilty plea involuntary, requiring the conviction to be vacated.
• Country v. Foster
  806 F.2d 182· 8th Cir.· 1986-11-26
  A voluntary and intelligent plea entered under the law applicable at the time is not rendered invalid by subsequent changes in case law regarding the admissibility of evidence.
• United States v. Johnson
  802 F.2d 833· 5th Cir.· 1986-10-20
  The court held that pre-indictment delay did not cause actual prejudice to the defendants and was not an intentional device to gain a tactical advantage, thus affirming the convictions.
• State v. Turner
  492 So. 2d 487· Fla. 5th DCA· 1986-08-07
  The State appealed a trial court's order granting post-conviction relief and vacating a first-degree murder sentence because the trial judge failed to advise the defendant of the mandatory 25-year minimum sentence. The appellate court reversed, holding that the 1975 plea satisfie
• Whittlesey v. State
  486 So. 2d 705· Fla. 5th DCA· 1986-04-17
  Appellant Whittlesey appealed the summary denial of his Rule 3.850 motion for post-conviction relief. The court reversed and remanded, finding that the trial court's summary denial on claims of ineffective assistance of counsel and involuntary guilty plea was improper because it
• Johnny J.E. Meadows v. O.L. McCOTTER
  782 F.2d 489· 5th Cir.· 1986-02-10
  The court held that the district court's findings of fact were not clearly erroneous and the record supported the conclusion that the confession and guilty plea were voluntary.
• Parisi v. State
  481 So. 2d 1308· Fla. 2d DCA· 1986-01-29
  The court affirmed the defendant's convictions and sentences, finding no merit to the appeal regarding the fire chief's testimony and declining to address the voluntariness of the pleas on direct appeal.
• Cohen v. Tate
  779 F.2d 1181· 6th Cir.· 1985-12-30
  The Sixth Circuit held that the district court erred in summarily dismissing the petitioner's claim regarding the missing transcript, remanding for further proceedings to determine if alternative means exist to address the voluntariness of the plea and ineffective assistance of c
• Bullard v. State
  477 So. 2d 655· Fla. 2d DCA· 1985-10-30
• Maralit v. State
  468 So. 2d 490· Fla. 1st DCA· 1985-05-09 ·via Voluntary And Intelligent Guilty Plea
  The State moved to dismiss an appeal from a judgment entered on pleas of nolo contendere for fraud and theft charges because the defendant failed to expressly reserve the right to appeal as required by Florida Rule of Appellate Procedure 9.140(b)(1). The court granted the motion
• Elbert Royce Smith v. State
  466 So. 2d 1224· Fla. 2d DCA· 1985-04-10
  Appellant's conviction for shooting into an occupied vehicle and thirty-month sentence with two-year probation affirmed; claims of sentencing guideline departure, split sentence error, and involuntary guilty plea all rejected or procedurally barred.
• Johnson v. Mabry
  752 F.2d 313· 8th Cir.· 1985-01-08 ·via Voluntary And Intelligent Guilty Plea
  The court held that the petitioner failed to establish prejudice from counsel's failure to interview witnesses, thus affirming the denial of his habeas corpus petition.
• Lawrence v. State
  462 So. 2d 48· Fla. 1st DCA· 1984-12-20
  Lawrence appealed the summary denial of his Rule 3.850 postconviction motion, claiming his guilty plea was induced by his attorney's promise that his sentence would be concurrent when it was actually imposed as consecutive. The court affirmed the summary denial, finding the recor
• Jones v. State
  459 So. 2d 1151· Fla. 1st DCA· 1984-11-28
  Susan Jones challenges her felony petit theft sentence imposed after a guilty plea, arguing that the trial court's failure to inform her of parole ineligibility vitiated her election to be sentenced under Florida Rule of Criminal Procedure 3.701. The First District Court of Appea
• Johnson v. A.L. Lockhart
  746 F.2d 1367· 8th Cir.· 1984-10-30
  The court held that a guilty plea is not rendered involuntary by the failure of a trial judge to explain parole eligibility, absent evidence of attorney misrepresentation.
• Mills v. State
  456 So. 2d 965· Fla. 4th DCA· 1984-10-03 ·via Involuntary Plea
  The court held that the trial court's order denying post conviction relief was inadequate because the attached record did not conclusively refute all of the appellant's allegations.
• Bass v. United States
  739 F.2d 405· 8th Cir.· 1984-07-30
  The court held that the defendant's guilty plea was voluntary and that the district court properly denied his motion to vacate his sentence.
• Blue v. Housewright
  739 F.2d 320· 8th Cir.· 1984-07-12 ·via Involuntary Plea
  The court held that a guilty plea is not rendered involuntary by an attorney's advice regarding the potential for capital felony murder charges, even if the application of the statute was uncertain.
• Williams v. Procunier
  735 F.2d 875· 5th Cir.· 1984-07-09
  The court held that the district court's findings of fact, based on an evidentiary hearing assessing witness credibility, were not clearly erroneous, and therefore affirmed the denial of habeas corpus relief.
• Doyle Dee Jones v. Parke
  734 F.2d 1142· 6th Cir.· 1984-05-10
  The court held that the record did not adequately develop facts to determine if the guilty plea was knowingly and intelligently made, requiring further proceedings.
• Dooley v. State
  449 So. 2d 965· Fla. 2d DCA· 1984-05-09 ·via Involuntary Plea
  The court held that the trial court erred by summarily denying two claims related to an involuntary plea without an evidentiary hearing or attaching record portions refuting the claims.
• Hudson v. State
  445 So. 2d 1139· Fla. 2d DCA· 1984-03-02 ·via Involuntary Plea
  The court held that the trial court erred by summarily denying post-conviction relief without attaching record portions that conclusively refute the appellant's claims.