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

• Adams v. State
  446 So. 2d 223· Fla. 1st DCA· 1984-03-01 ·via Involuntary Plea
  The court held that a second motion for postconviction relief containing the same allegations as a previously denied motion is impermissible.
• Maldonado v. Winans
  728 F.2d 438· 10th Cir.· 1984-02-22 ·via Voluntary And Intelligent Guilty Plea
  The court held that effective assistance of counsel is indispensable to a voluntary guilty plea, and the district court erred by focusing solely on voluntariness without considering ineffective assistance.
• Misael Hernandez v. State
  444 So. 2d 1165· Fla. 4th DCA· 1984-02-15
  Misael Hernandez pleaded guilty to second degree murder through an interpreter, but appealed claiming his plea was involuntary. The appellate court reversed and remanded, finding the interpreter's conduct at the plea hearing—failing to properly interpret judicial questions and in
• Richard v. Callahan
  723 F.2d 1028· 1st Cir.· 1983-12-27
  The court held that the petitioner's guilty plea to second degree murder was knowing and voluntary, and that the record supported a conviction on a joint venture theory, thus upholding the consecutive sentences.
• Fair v. Zant
  715 F.2d 1519· 11th Cir.· 1983-09-26
  A guilty plea is involuntary and violates due process if entered based on a mistaken understanding of the law, induced by the trial judge, regarding the right to withdraw the plea.
• Massey v. State
  432 So. 2d 763· Fla. 1st DCA· 1983-06-09
  Massey appealed the denial of his second Rule 3.850 post-conviction motion challenging the voluntariness of his guilty plea. The trial court denied the motion without an evidentiary hearing on the ground that it had previously entertained a similar motion. The appellate court aff
• Ringo v. State
  431 So. 2d 303· Fla. 2d DCA· 1983-05-13
  The court held that the trial court erred by failing to either conduct an evidentiary hearing or attach portions of the record refuting the appellant's allegation that his guilty pleas were involuntary.
• Seabrook v. State
  428 So. 2d 757· Fla. 2d DCA· 1983-03-25 ·via Involuntary Plea
  The court reversed in part the trial court's summary denial of post-conviction relief where the trial court failed to attach record portions refuting the claim of an involuntary guilty plea or conduct an evidentiary hearing.
• McINTYRE v. State
  427 So. 2d 1108· Fla. 3d DCA· 1983-03-15
• Terrell v. Maggio
  693 F.2d 591· 5th Cir.· 1982-12-17
  The court held that the district court erred by granting habeas relief without considering the presumption of correctness afforded state court factual determinations under 28 U.S.C. § 2254(d).
• Jackey Don Watson v. Donald Wyrick and/or Carl White
  698 F.2d 925· 8th Cir.· 1982-12-17 ·via Knowing And Voluntary Plea
  The court held that the appellant's guilty plea was knowing and voluntary, and that he received effective assistance of counsel.
• King v. State
  419 So. 2d 1161· Fla. 1st DCA· 1982-09-29
• Roberts v. State
  421 So. 2d 554· Fla. 5th DCA· 1982-09-22 ·via Involuntary Plea
• Shepard v. Warden H. Solem and Paul L. Douglas
  688 F.2d 65· 8th Cir.· 1982-09-13
  The court held that the federal district court did not err in resolving the habeas corpus claims on the state court record without an evidentiary hearing, and that the guilty plea was voluntary and counsel was effective.
• The United States v. Ainsworth Charles Jackson. Appeal of Ainsworth C. Jackson
  684 F.2d 245· 3d Cir.· 1982-07-19 ·via Involuntary Plea
  The court held that a district court may have jurisdiction over a motion to vacate a prior sentence under 28 U.S.C. § 2255, even if the movant is no longer in custody for that sentence, if the prior sentence directly affects the duration of their current confinement.
• Owen v. United States
  660 F.2d 696· 6th Cir.· 1981-10-01
• Stephens v. Wyrick
  659 F.2d 94· 8th Cir.· 1981-09-14 ·via Involuntary Plea
  The court held that the district court's dismissal of the habeas petition was proper, affirming the denial of relief on the claims of involuntary guilty plea and unconstitutional sentencing statute.
• Covington v. State
  402 So. 2d 543· Fla. 5th DCA· 1981-08-19
• LEE v. State
  401 So. 2d 947· Fla. 5th DCA· 1981-08-05
• United States v. White
  659 F.2d 231· D.C. Cir.· 1981-07-23
  The court held that the appellant's claim of ineffective assistance of counsel at the plea withdrawal hearing was without merit, as there was no basis for a psychiatric examination and the issue had been previously considered.
• Koons v. State
  399 So. 2d 497· Fla. 5th DCA· 1981-06-10
• Warring v. State
  395 So. 2d 295· Fla. 5th DCA· 1981-03-18
• Aleshire v. State
  393 So. 2d 47· Fla. 5th DCA· 1981-01-28
• United States v. Knight
  638 F.2d 46· 8th Cir.· 1981-01-14 ·via Involuntary Plea
  A motion under 28 U.S.C. § 2255 is not the proper vehicle to challenge the execution of a sentence; such challenges must be brought via a writ of habeas corpus under 28 U.S.C. § 2241.
• Ransom L. Moody v. State
  392 So. 2d 47· Fla. 5th DCA· 1980-12-31 ·via Knowing And Voluntary Plea
• Rawls v. Mabry
  630 F.2d 654· 8th Cir.· 1980-10-02
  The court held that the petitioner's claims of ineffective assistance of counsel and involuntary plea were without merit, affirming the dismissal of his habeas corpus petition.
• Stinson v. Louie L. Wainwright
  386 So. 2d 324· Fla. 1st DCA· 1980-08-08 ·via Involuntary Plea
• Country v. Parratt
  623 F.2d 51· 8th Cir.· 1980-05-30
  The court affirmed the denial of the writ of habeas corpus, finding the appellant's plea and sentence were valid.
• United States v. Wilder
  621 F.2d 1077· 10th Cir.· 1980-05-19
  A prior felony conviction, even if potentially subject to collateral attack on constitutional grounds (like denial of counsel), can serve as the predicate for a conviction under 18 U.S.C. App. § 1202(a)(1) for possessing a firearm.
• Adler v. State
  382 So. 2d 1298· Fla. 3d DCA· 1980-04-22
  Defendant Adler appeals the trial court's denial of his motions to withdraw a guilty plea before and after sentencing, and to disqualify the trial judge in a murder, robbery, and kidnapping case. The appellate court affirmed, holding that Adler's plea was voluntary and knowing, t
• Howell v. State
  379 So. 2d 1292· Fla. 1st DCA· 1979-12-21
  Raymond Howell appealed the denial of his motion to vacate a 1975 conviction and 30-year sentence for sexual battery based on a plea of nolo contendere. The First District Court of Appeal affirmed the denial, holding that the trial court's 1975 plea procedures satisfied the stand
• Right v. State
  377 So. 2d 37· Fla. 1st DCA· 1979-11-20
  Benjamin Right appealed the denial of his motion to vacate a guilty plea conviction, arguing ineffective counsel failed to raise a "jail alibi" defense and the trial court failed to inquire into the factual basis for his plea. The appellate court affirmed the denial, finding the
• Josiah Palmer v. State
  376 So. 2d 905· Fla. 3d DCA· 1979-11-08
  Palmer appealed the dismissal of his direct appeal from the county court, which was dismissed as premature due to an ambiguity regarding when the trial court's denial order was actually entered. The court granted certiorari and remanded for clarification of the order's entry date
• The United States v. Belvin
  608 F.2d 294· 8th Cir.· 1979-10-18
  The court held that the defendant's repeated affirmative responses sufficiently demonstrated his understanding that the court was not bound by the plea bargain, and that the district court employed adequate safeguards in accepting the guilty plea.
• Simmons v. State
  375 So. 2d 870· Fla. 1st DCA· 1979-10-11
  This case concerns an appeal from the denial of a motion for post-conviction relief. The appellate court affirmed the denial, finding that the lower court's records conclusively showed the appellant was not entitled to relief.
• Germaine v. State
  49 Fla. Supp. 190· Dade Cty. Cir. Ct.· 1979-10-05 ·via Knowing And Voluntary Plea
• Linsey C. Hollis v. State
  374 So. 2d 1164· Fla. 4th DCA· 1979-09-19 ·via Involuntary Plea
  Appellant Hollis challenged the denial of his motion to withdraw a guilty plea to second-degree murder, claiming the plea was involuntary because he deferred to counsel's advice and wanted to avoid jail time. The court held that appellate review is available for denials of motion
• Smith v. United States
  603 F.2d 722· 8th Cir.· 1979-08-02
  The court held that the dismissal of the post-conviction petition was proper as the claims raised were either not cognizable or lacked merit.
• Sykes v. State
  366 So. 2d 841· Fla. 1st DCA· 1979-01-29
  David Sykes appeals his convictions for three drug conspiracy offenses. The trial court accepted guilty pleas to two cases after a jury trial conviction in a third case, and sentenced him to concurrent and consecutive prison terms. The appellate court affirms, finding the guilty
• Simmons v. State
  364 So. 2d 869· Fla. 1st DCA· 1978-12-05
  Robert Simmons appealed his conviction and sentence following guilty pleas to armed robbery and attempted murder. The court affirmed the trial court's denial of post-conviction relief, finding that Simmons' pleas were made voluntarily and with understanding of their consequences.
• Capshaw v. State
  362 So. 2d 429· Fla. 2d DCA· 1978-08-30 ·via Knowing And Voluntary Plea
  The court held that the record did not conclusively refute the appellant's allegations regarding ineffective assistance of counsel and his drugged condition at the time of his guilty plea, requiring an evidentiary hearing.
• Dexter v. State
  360 So. 2d 457· Fla. 2d DCA· 1978-06-28
  The court held that the trial court's summary denial of the motion to vacate the guilty plea was improper because the record did not conclusively show the prisoner was entitled to no relief.
• Devold v. Blackburn
  574 F.2d 1361· 5th Cir.· 1978-06-16
  The court held that the petitioner's guilty plea was voluntary and intelligently entered, and that his counsel provided effective assistance.
• Duffy v. Cuyler
  581 F.2d 1059· 3d Cir.· 1978-06-12 ·via Voluntary And Intelligent Guilty Plea
  The dissenting judge would hold that a defendant must be informed of the maximum sentence to which they are subject as a constitutional prerequisite for a knowing and voluntary waiver of rights in a nolo contendere plea.
• United States v. Carey
  571 F.2d 1343· 5th Cir.· 1978-04-26 ·via Knowing And Voluntary Plea
  The court held that the appellant's collateral attack on his expired conviction, based on claims of unknowing waiver of counsel and failure to advise on the nature of charges, was insufficient to warrant relief.
• Olles v. United States
  570 F.2d 817· 8th Cir.· 1978-02-21
  A defendant cannot collaterally impeach a guilty plea based on counsel's alleged misjudgment of evidence admissibility if counsel was reasonably competent.
• Anderson v. State
  352 So. 2d 1210· Fla. 1st DCA· 1977-11-22
  A defendant appeals his conviction for aggravated battery based on a no contest plea. The appellate court reversed because the trial court failed to ensure the defendant understood the nature and consequences of his plea, particularly the critical distinction between a not guilty
• Perez v. State
  351 So. 2d 384· Fla. 3d DCA· 1977-11-01
  Gilberto Perez appeals his rape conviction based on a guilty plea, arguing the trial judge should have reopened inquiry into his guilt when he claimed innocence at sentencing. The court affirmed, holding that a prior thorough inquiry into the voluntariness and understanding of th
• Clark v. Vermillion
  558 F.2d 891· 8th Cir.· 1977-07-15
  The court held that the petitioner's due process claim regarding his probation revocation proceedings has been mooted by a new sentence and term of probation.
• Salkay v. Louie L. Wainwright
  552 F.2d 151· 5th Cir.· 1977-05-16
  The court held that a nolo contendere plea does not waive the right to assert ineffective assistance of counsel claims in habeas proceedings, and that an evidentiary hearing is required when the record is insufficient to determine the terms of a plea agreement and whether it was