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

• Johnson v. State
  341 So. 2d 1067· Fla. 2d DCA· 1977-02-02
  The court held that the defendant should be allowed to withdraw his nolo contendere plea because assurances were given and the trial court's colloquy was inadequate.
• Arndell v. Warden, Nev. State Prison
  549 F.2d 1284· 9th Cir.· 1977-01-31
  The court held that the district court correctly denied the petition for a writ of habeas corpus because the appellant failed to establish any exceptions to the presumption of correctness for state court findings under 28 U.S.C. § 2254(d).
• Jones v. Taylor
  547 F.2d 808· 4th Cir.· 1977-01-17
  The court held that the petitioner was not denied effective assistance of counsel because the alleged exculpatory testimony of a witness would not have provided a defense, and the petitioner had previously stated he had no other witnesses to call.
• Prangler v. State
  339 So. 2d 1158· Fla. 2d DCA· 1976-12-10 ·via Knowing And Voluntary Plea
  The court held that the appellant's claims regarding mental incompetence and involuntary plea were not properly raised on direct appeal and affirmed the trial court's judgment.
• Miles v. Warden Robert Parratt
  543 F.2d 638· 8th Cir.· 1976-11-03 ·via Involuntary Plea
• Reddish v. State
  335 So. 2d 15· Fla. 1st DCA· 1976-07-20
  The court held that the prior guilty pleas entered before Boykin v. Alabama and before Florida adopted a voluntariness rule are presumed valid if entered by counsel.
• Lewis v. Lockhart
  538 F.2d 798· 8th Cir.· 1976-07-14 ·via Involuntary Plea
  The court affirmed the denial of the petition for habeas relief, finding no error in the state court proceedings.
• Trevino v. State OF Ariz. & Harold Cardwell
  527 F.2d 439· 9th Cir.· 1975-12-04
  The court held that the district court's finding that the guilty plea was voluntary and not motivated by parole eligibility was not clearly erroneous.
• Courtney v. United States
  518 F.2d 514· 4th Cir.· 1975-07-01
  A guilty plea is not rendered invalid by a mistaken belief that an illegally obtained confession is admissible, provided counsel's advice was competent and the plea was voluntary and intelligent.
• Collins v. State
  314 So. 2d 625· Fla. 1st DCA· 1975-06-24
• Haro v. State
  314 So. 2d 236· Fla. 3d DCA· 1975-06-10 ·via Knowing And Voluntary Plea
  The appellate court held that the trial judge did not abuse discretion in denying the motion to withdraw the guilty plea.
• United States v. Rich
  516 F.2d 861· 2d Cir.· 1975-04-16
  A defendant cannot withdraw a guilty plea based on a private agreement with counsel if the judge has fully inquired into the plea's voluntariness and the defendant denies any unstated promises.
• Singletary v. United States
  514 F.2d 617· 4th Cir.· 1975-04-09
  The court held that the defendant's claim of involuntary guilty pleas requires an evidentiary hearing to determine voluntariness and potentially resentencing.
• Brown v. United States
  514 F.2d 141· 9th Cir.· 1975-04-09 ·via Knowing And Voluntary Plea
  The court held that the 1964 conviction stands because the proceedings at that time complied with the then-controlling, less stringent standard for accepting guilty pleas.
• Porter v. State
  308 So. 2d 580· Fla. 2d DCA· 1975-02-19
• Emilio Martinez v. State
  302 So. 2d 794· Fla. 3d DCA· 1974-10-29
  Martinez appeals his conviction following guilty pleas to multiple felonies, arguing his pleas were not freely and voluntarily given and that he lacked capacity to understand the proceedings. The Florida District Court of Appeal affirmed, holding that the trial court colloquy dem
• Simmons v. State
  301 So. 2d 827· Fla. 1st DCA· 1974-10-22
• Hunter v. Louie L. Wainwright
  499 F.2d 340· 5th Cir.· 1974-08-23 ·via Involuntary Plea
  The court held that the district court erred in shifting the burden of proof regarding prejudice from the state to the appellant and in failing to consider the factual voluntariness of the guilty plea.
• LaHANE v. State
  298 So. 2d 524· Fla. 4th DCA· 1974-08-16 ·via Involuntary Plea
  Court reversed denial of Rule 3.850 motion to vacate plea, holding that defendant was entitled to evidentiary hearing on claim that nolo contendere plea was involuntary due to broken sentencing promise.
• United States ex rel. Melvin Oliver v. Vincent
  498 F.2d 340· 2d Cir.· 1974-06-03
  A federal court is not precluded from holding an evidentiary hearing in a habeas corpus proceeding, even if state court findings are presumed correct under 28 U.S.C. § 2254(d), if the state court did not make a determination after a hearing on the merits of a factual issue.
• Lehman S. Elliott v. State OF Ala.
  493 F.2d 1348· 5th Cir.· 1974-05-16
  The court held that the district court lacked sufficient evidence to support its findings regarding the voluntariness of the guilty plea and waiver of jury trial.
• Sawyer v. State
  292 So. 2d 623· Fla. 3d DCA· 1974-03-26
  A defendant who voluntarily pleads guilty cannot later claim coercion based on alleged perjured grand jury testimony known to the defendant at the time of the plea.
• Harwood v. State
  288 So. 2d 569· Fla. 2d DCA· 1974-01-23
  Dennis Harwood appealed his guilty plea conviction on two drug-related charges. The court affirmed the conviction but flagged a potential issue regarding whether the judge's statement about maximum sentencing was accurate, allowing Harwood to challenge the plea later if it was ba
• McCULLUM v. State
  288 So. 2d 279· Fla. 1st DCA· 1974-01-22
  The court held that the record refuted the appellant's claims regarding the voluntariness of his guilty plea, but an evidentiary hearing was required on the issue of whether his counsel failed to file an appeal.
• Jackson v. United States
  489 F.2d 695· 1st Cir.· 1974-01-02
  The court held that non-compliance with Rule 20 does not deprive the court of jurisdiction, but failure to comply with Rule 11 requires a hearing on the voluntariness of the plea.
• Graulich v. State
  287 So. 2d 114· Fla. 3d DCA· 1973-12-18 ·via Involuntary Plea
• Collins v. Warden, Nev. State Prison
  487 F.2d 950· 9th Cir.· 1973-11-07 ·via Voluntary And Intelligent Guilty Plea
  The court held that even if parole eligibility was part of the plea bargain, the bargain was substantially fulfilled by subsequent legislative and judicial actions in Nevada, thus denying federal habeas corpus relief.
• Schoultz v. Warden Carl Hocker
  478 F.2d 842· 9th Cir.· 1973-04-25 ·via Knowing And Voluntary Plea
  The court held that the California District Court should reconsider the petition in light of subsequent proceedings and the State of California's lack of interest in the conviction.
• Baker v. The Sheriff OF Santa FE Cnty. & the United States Marshal
  477 F.2d 118· 10th Cir.· 1973-04-25
  The court held that a federal prisoner seeking to challenge the voluntariness of a federal sentence must use the remedy provided by 28 U.S.C. § 2255 in the sentencing court.
• Santana v. United States
  477 F.2d 721· 2d Cir.· 1973-04-20
  A voluntary and intelligent guilty plea, entered on advice of counsel, is not rendered invalid by subsequent judicial decisions that invalidate the statutory presumptions that may have influenced the plea.
• Paschke v. State
  275 So. 2d 301· Fla. 2d DCA· 1973-03-30
  The appellate court affirmed the trial court's judgment and sentence because the record demonstrated the guilty plea was entered knowingly and voluntarily.
• Morris v. State
  275 So. 2d 296· Fla. 3d DCA· 1973-03-27
  The court affirmed the denial of a Rule 3.850 motion for relief from guilty pleas, holding that the record conclusively demonstrated the voluntariness of the defendant's pleas without need for an evidentiary hearing.
• Chambers v. State
  276 So. 2d 56· Fla. 2d DCA· 1973-02-14
  The court held that the trial court's denial of the motion to vacate judgment and sentence was proper.
• Cheever v. State
  272 So. 2d 875· Fla. 3d DCA· 1973-02-12
• Hall v. State
  273 So. 2d 90· Fla. 4th DCA· 1973-02-08
  Charles Hall appealed the denial of his motion to vacate a judgment based on his nolo contendere plea. The court affirmed, holding that under Boykin v. Alabama, a guilty plea need only be shown in the record to be voluntary, knowing, and understanding—without requiring explicit e
• Kemp v. Louie L. Wainwright
  472 F.2d 586· 5th Cir.· 1973-01-22 ·via Involuntary Plea
  A state prisoner must exhaust available state remedies, including Rule 3.850 motions, before seeking federal habeas corpus relief, even if not currently serving the challenged sentence.
• Ingraham v. State
  270 So. 2d 44· Fla. 2d DCA· 1972-12-20
• Robinson v. State
  270 So. 2d 51· Fla. 2d DCA· 1972-12-06
  The court held that a defendant's claim of being misled into a guilty plea requires a reasonable basis, which was not shown in this case.
• Sumlin v. Nelson
  471 F.2d 295· 9th Cir.· 1972-11-28
  The court held that the appellant's guilty plea was valid, as incorrect legal advice was not a determinative factor in the plea bargain.
• Jenkins v. Wingo
  471 F.2d 292· 6th Cir.· 1972-11-15
  The court held that the district judge's finding of a voluntary guilty plea was appropriate based on the state trial court record.
• Jones v. State
  268 So. 2d 393· Fla. 2d DCA· 1972-11-08
  Jessie Lee Jones appealed his conviction for assault with intent to commit rape after pleading guilty to the lesser included offense of rape. The appellate court affirmed the judgment and sentence of twenty years imprisonment, finding the guilty plea was voluntary and knowing.
• Williams v. State
  268 So. 2d 543· Fla. 3d DCA· 1972-11-07
  Douglas Ralph Williams appeals his conviction for assault with intent to commit robbery, challenging the appointment of a single public defender to represent him and his co-defendant. The Florida Court of Appeal affirmed, holding that dual representation does not constitute rever
• Moore v. State
  268 So. 2d 194· Fla. 2d DCA· 1972-11-01
  Arthur Moore appeals his conviction and five-year prison sentence for unlawful possession of heroin. The court affirmed the conviction after finding the guilty plea was voluntary and knowing, and discovering no jurisdictional or fundamental defects in the record.
• Jenkins v. United States
  466 F.2d 520· 8th Cir.· 1972-09-20
  The court held that a hearing is not required when the files and records conclusively show the prisoner is entitled to no relief.
• Denton v. United States
  465 F.2d 1394· 5th Cir.· 1972-09-13
  The court held that a grand jury indictment remedies defects in a prior complaint and arrest warrant, and a knowing and voluntary guilty plea waives non-jurisdictional defects.
• Gayle v. State
  265 So. 2d 389· Fla. 2d DCA· 1972-08-02
  Appellant Leon Gayle pleaded guilty to five robbery counts and was sentenced to terms of hard labor. He filed a post-conviction motion alleging failure to give Miranda warnings, coercion into confession, lack of understanding of his rights and the charges, and illegal line-up ide
• Baker v. State
  264 So. 2d 851· Fla. 2d DCA· 1972-07-21 ·via Voluntary And Intelligent Guilty Plea
  The appellate court affirmed the denial of the appellant's motion for post-conviction relief.
• Lathon v. United States
  463 F.2d 777· 5th Cir.· 1972-07-13
  The court held that the defendant's guilty plea was voluntary and not induced by promises of probation or a suspended sentence.
• Christinzio v. United States
  464 F.2d 925· 3d Cir.· 1972-07-03
  The court held that the district court must hold a hearing to determine if the guilty plea was voluntary and understanding, as the record does not conclusively show the defendant is entitled to no relief due to Rule 11 non-compliance.
• Floyd v. State
  260 So. 2d 531· Fla. 3d DCA· 1972-04-18 ·via Involuntary Plea
  Florida appellate court affirmed denial of post-conviction relief where defendant failed to establish that his guilty plea was coerced by police beatings or prosecution promises regarding sentencing.