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

• Bell v. United States
  521 F.2d 713· 4th Cir.· 1975-08-11 ·cited 38×
  A district court's failure to inform a defendant of the mandatory special parole term required by 21 U.S.C. § 841(b)(1)(A) is harmless error if the total sentence imposed, including the special parole term, does not exceed the maximum sentence the defendant was told could be impo
• Wade v. Ira M. Coiner
  468 F.2d 1059· 4th Cir.· 1972-10-26 ·cited 38×
  A defendant is not constitutionally entitled to be specifically informed of every single right waived by a guilty plea, as long as the plea is entered voluntarily and intelligently.
• United States v. Thomas
  468 F.2d 422· 10th Cir.· 1972-10-13 ·cited 38×·via Knowing And Voluntary Plea
  The court affirmed convictions for most appellants but reversed for Breath due to insufficient evidence and for Chatman due to a flawed guilty plea process.
• United States ex rel. Wilbert Ross v. McMANN
  409 F.2d 1016· 2d Cir.· 1969-02-26 ·cited 38×
  The dissenting opinion argues that voluntary guilty pleas, entered on advice of counsel, waive all prior non-jurisdictional defects. It contends that the Supreme Court's decision in Jackson v. Denno, which requires hearings on the voluntariness of confessions used at trial, shoul
• United States ex rel. Albert B. Crosby v. Brierley
  404 F.2d 790· 3d Cir.· 1968-12-09 ·cited 38×
  A guilty plea to murder is invalid if not voluntarily and intelligently made with full understanding of the consequences, especially when the defendant's testimony injects a claim of self-defense, which is a factual issue for a jury.
• Streator v. United States
  395 F.2d 661· 5th Cir.· 1968-05-17 ·cited 38×
  The court held that the district court did not err in denying the motion to vacate sentences without an evidentiary hearing, as the record clearly showed the guilty pleas were voluntary.
• Dorrough v. United States
  385 F.2d 887· 5th Cir.· 1967-09-15 ·cited 38×
  A guilty plea is invalid if the defendant is not fully informed of all lesser included offenses and their potential penalties, even if the defendant admits to conduct constituting the greater offense.
• Ruff v. State
  840 So. 2d 1145· Fla. 5th DCA· 2003-03-28 ·cited 37×·via Involuntary Plea
  The court held that an erroneous scoresheet has no effect on a sentence imposed pursuant to a negotiated plea agreement, but remanded to correct the scoresheet.
• State v. Richardson
  785 So. 2d 585· Fla. 3d DCA· 2001-04-11 ·cited 37×
  The State appeals the trial court's grant of error coram nobis relief vacating Richardson's 1985 and 1986 guilty pleas for drug and firearm offenses. The court reverses but certifies a question to the Florida Supreme Court regarding whether a defendant who mistakenly believed he
• Eady v. State
  604 So. 2d 559· Fla. 1st DCA· 1992-08-28 ·cited 37×·via Involuntary Plea
  Gregory Eady appeals the denial of his post-conviction relief motion challenging a 35-year negotiated guilty plea sentence for second-degree murder. The court reverses and remands because Eady's allegations of counsel's misrepresentations about provisional credits and early relea
• Carbo v. United States
  581 F.2d 91· 5th Cir.· 1978-09-27 ·cited 37×
  The court held that allegations of brief consultation with counsel and late appointment are insufficient, without more, to establish ineffective assistance of counsel when a guilty plea is entered voluntarily and knowingly.
• United States ex rel. Albert Curtis v. Hon. John Zelker
  466 F.2d 1092· 2d Cir.· 1972-07-17 ·cited 37×
  A guilty plea is not rendered involuntary by a defendant's mistaken subjective impressions, absent substantial objective proof that those impressions were reasonably justified.
• Fernandez v. State
  199 So. 3d 500· Fla. 2d DCA· 2016-09-02 ·cited 36×
  Carlos Fernandez appealed the denial of his postconviction relief motion under Florida Rule of Criminal Procedure 3.850, challenging claims related to ineffective assistance of counsel and sentencing. The Florida Second District Court of Appeal affirmed the denial of some claims
• Demello Bolware v. State
  995 So. 2d 268· Fla.· 2008-09-18 ·cited 36×
  The Florida Supreme Court held that mandatory driver's license revocation following a guilty or no contest plea is a collateral consequence, not a direct consequence, and therefore defendants need not be informed of it to ensure a voluntary plea. However, the Court directed amend
• Nowlin v. State
  639 So. 2d 1050· Fla. 1st DCA· 1994-07-12 ·cited 36×
  Gary Mitchell Nowlin appealed the denial of his rule 3.800(a) motion to correct an illegal sentence, claiming the trial court failed to establish a factual basis for his guilty pleas. The First District affirmed, holding that challenges to the adequacy of plea colloquies must be
• United States v. Ellison
  798 F.2d 1102· 7th Cir.· 1986-08-21 ·cited 36×
  The court held that a defendant is entitled to a new hearing on a motion to withdraw guilty pleas when their counsel operates under an actual conflict of interest that adversely affects their performance.
• United States v. Davila
  698 F.2d 715· 5th Cir.· 1983-02-07 ·cited 36×·via Knowing And Voluntary Plea
  The dissent argues that an accused cannot be guilty of misprision of a felony when the conduct concealed is the commission of the felony itself, due to Fifth Amendment protections against self-incrimination.
• Thompson v. State
  351 So. 2d 701· Fla.· 1977-06-23 ·cited 36×
  The court held that the defendant's guilty pleas were involuntary due to an honest misunderstanding and a commitment from the trial judge, requiring withdrawal of the pleas.
• Lyles v. State
  299 So. 2d 146· Fla. 1st DCA· 1974-08-20 ·cited 36×
  Lamar Lyles appeals his conviction for robbery based on a guilty plea, arguing the trial court violated Criminal Procedure Rule 3.170(j) by failing to establish a factual basis for the plea before accepting it. The appellate court reversed the conviction, holding that the rule's
• United States v. Cody
  438 F.2d 287· 8th Cir.· 1971-02-18 ·cited 36×
  The court held that the defendant's guilty plea was validly accepted and he was not entitled to withdraw it after sentencing.
• United States ex rel. Charles Grays v. Rundle
  428 F.2d 1401· 3d Cir.· 1970-07-17 ·cited 36×
  A counseled guilty plea, even if motivated by a potentially coerced confession, is valid against collateral attack if the defendant cannot prove gross error by counsel.
• Wellnitz v. Bay H. Page
  420 F.2d 935· 10th Cir.· 1970-01-26 ·cited 36×
  An erroneous sentence estimate by defense counsel, or a defendant's erroneous expectation based on such an estimate, does not render a guilty plea involuntary.
• Maes v. Patterson
  401 F.2d 200· 10th Cir.· 1968-10-02 ·cited 36×
  A federal court cannot summarily dismiss a state prisoner's habeas corpus petition without independently reviewing the state court's record and determining if due process was observed.
• Rogers v. Louie L. Wainwright
  394 F.2d 492· 5th Cir.· 1968-05-17 ·cited 36×
  The court held that the district court did not err in denying habeas corpus relief without a hearing because the petitioner's guilty plea was voluntary and the sentences were concurrent.
• Freeman v. United States
  350 F.2d 940· 9th Cir.· 1965-09-13 ·cited 36×
  A defendant pleading guilty to an offense with a maximum penalty less than six years, who is eligible for sentencing under the Federal Youth Corrections Act, must be advised of the possible maximum sentence under that Act to ensure the plea is voluntary.
• United States ex rel. James Glenn v. Hon. Daniel McMANN
  349 F.2d 1018· 2d Cir.· 1965-08-26 ·cited 36×
  A voluntary guilty plea, entered on advice of counsel, waives all non-jurisdictional defects in prior proceedings.
• Scott v. United States
  349 F.2d 641· 6th Cir.· 1965-08-13 ·cited 36×
• Martin v. United States
  285 F.2d 150· 10th Cir.· 1960-11-16 ·cited 36×
  The court held that the indictment was sufficient and the sentences were clearly imposed consecutively, affirming the denial of the motion to vacate.
• Golden v. State
  509 So. 2d 1149· Fla. 1st DCA· 1987-06-17 ·cited 35×
  The court held that the appellant's motion for post-conviction relief was facially sufficient regarding ineffective assistance of counsel and violation of the plea agreement, requiring further proceedings.
• Hayes v. Kincheloe
  784 F.2d 1434· 9th Cir.· 1986-03-19 ·cited 35×
  A guilty plea is involuntary if the defendant does not receive actual notice of the true nature of the charge against him or possess an understanding of the law in relation to the facts.
• State v. Braverman
  348 So. 2d 1183· Fla. 3d DCA· 1977-07-12 ·cited 35×
  The State petitioned for a writ of certiorari to review a trial court's order permitting the defendant to withdraw nolo contendere pleas. The court held that newly discovered evidence does not constitute sufficient grounds for withdrawal prior to sentencing unless it raises a sub
• Johnston v. United States
  254 F.2d 239· 8th Cir.· 1958-04-24 ·cited 35×
  The court held that the defendant's guilty plea was voluntary and intelligent, and his claims of ineffective assistance of counsel and lack of evidence were without merit.
• Griffin v. State
  114 So. 3d 890· Fla.· 2013-05-16 ·cited 34×·via Involuntary Plea
  Michael Joseph Griffin, convicted of two counts of first-degree murder and sentenced to death, appealed his conviction and sentence, raising claims of ineffective assistance of counsel regarding his guilty plea and penalty phase, Brady violations, and sentence disparity. The Flor
• Gill v. State
  14 So. 3d 946· Fla.· 2009-07-09 ·cited 34×·via Knowing And Voluntary Plea
  Ricardo Gill was convicted of first-degree murder for strangling his cellmate Orlando Rosello while imprisoned. Gill pleaded guilty, waived jury representation at sentencing, and sought the death penalty, which was imposed. On appeal, the Florida Supreme Court affirmed the convic
• Searcy v. State
  971 So. 2d 1008· Fla. 3d DCA· 2008-01-09 ·cited 34×·via Involuntary Plea
  Ronald Searcy appeals his conviction and fifteen-year sentence resulting from a guilty plea, as well as a six-month direct criminal contempt sentence. The Third District Court of Appeal reversed and remanded on issues regarding denial of counsel at critical stages and improper co
• Long v. State
  529 So. 2d 286· Fla.· 1988-06-30 ·cited 34×·via Involuntary Plea
  Robert Joe Long appeals his guilty pleas to multiple first-degree murders and a death sentence in Hillsborough County. The Florida Supreme Court upholds the validity of Long's guilty pleas and affirms his convictions and life sentences, but vacates and remands the death sentence
• KEY v. United States
  806 F.2d 133· 7th Cir.· 1986-11-24 ·cited 34×
  The court held that the petitioner's claims of plea agreement breach, involuntary plea, and ineffective assistance of counsel were meritless and that the district court did not err in denying an evidentiary hearing.
• United States v. Winfield L. Roberts
  570 F.2d 999· D.C. Cir.· 1977-12-21 ·cited 34×
  The court held that the Government's failure to fully disclose the details of the plea agreement during the Rule 11 proceedings required reversal and permitted the defendant to withdraw his guilty plea.
• United States v. Bean
  564 F.2d 700· 5th Cir.· 1977-12-09 ·cited 34×
  A district court judge has discretion to reject a plea bargain if it is contrary to the public interest, and this discretion is not subject to stringent appellate review unless it constitutes a gross abuse of discretion.
• Bunker v. Wise
  550 F.2d 1155· 9th Cir.· 1977-02-08 ·cited 34×
  A district court's failure to inform a defendant of a mandatory special parole term when accepting a guilty plea violates Rule 11, and this rule should be applied retroactively.
• United States v. Levine
  457 F.2d 1186· 10th Cir.· 1972-02-22 ·cited 34×
  The court held that the indictment sufficiently charged a violation of 18 U.S.C. § 1952 by alleging defendants 'caused' interstate travel, and that voluntary guilty pleas waived non-jurisdictional defects.
• United States v. Minor
  444 F.2d 521· 5th Cir.· 1971-06-23 ·cited 34×
  The court held that an appeal based on a voluntary guilty plea, without any arguable issues, is frivolous and subject to dismissal.
• Manley v. United States
  432 F.2d 1241· 2d Cir.· 1970-10-16 ·cited 34×
  The court affirmed the denial of the defendant's motion to replead, holding that the defendant's guilty plea, entered before April 2, 1969, was constitutionally valid even if the judge did not explicitly satisfy himself of a factual basis for the plea.
• United States v. Briscoe
  428 F.2d 954· 8th Cir.· 1970-07-14 ·cited 34×
  The court held that the issue of the voluntariness of the guilty plea is not properly before the court because the defendant failed to first present this issue to the trial court via a motion to withdraw the plea.
• United States v. Weber
  429 F.2d 148· 9th Cir.· 1970-07-09 ·cited 34×
  A voluntary and intelligent guilty plea, entered with awareness of the law at the time, waives the Fifth Amendment defense to the tax charge, even if later judicial decisions suggest the plea was based on a faulty premise.
• United States ex rel. Louis McCLOUD v. Rundle
  402 F.2d 853· 3d Cir.· 1968-10-28 ·cited 34×
  The court held that the prosecution bears the burden of proving a guilty plea's voluntariness when a coerced confession may have influenced it.
• Manning v. State
  203 So. 2d 360· Fla. 2d DCA· 1967-10-13 ·cited 34×
  A voluntary guilty plea waives all non-jurisdictional and non-fundamental defects, including claims that the plea was induced by a promise of a lighter sentence from counsel.
• Zaffarano v. United States
  330 F.2d 114· 9th Cir.· 1964-04-06 ·cited 34×
  The court held that the trial court did not abuse its discretion in denying the defendant's motion to withdraw his guilty plea.
• Roberts v. State
  142 So. 2d 152· Fla. 3d DCA· 1962-06-12 ·cited 34×
  James Stanley Roberts was convicted of resisting arrest with violence after pleading guilty without counsel or understanding the charges. The Florida appellate court reversed, finding the trial court abused its discretion by denying Roberts's motion to withdraw his guilty plea, a
• Birchfield v. United States
  296 F.2d 120· 5th Cir.· 1961-11-17 ·cited 34×·via Knowing And Voluntary Plea
  The court held that habeas corpus was not the proper remedy for the petitioner's claims regarding counsel's alleged conflict of interest, as a motion under 28 U.S.C.A. § 2255 was available and adequate.