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

• Allen v. Perini
  458 F.2d 233· 6th Cir.· 1972-04-06
  The court held that the appellant failed to prove his guilty plea was involuntary or that his counsel's assistance was ineffective, despite potential Miranda violations.
• Archer v. United States
  457 F.2d 948· 5th Cir.· 1972-04-05
  The court held that the appellant's guilty plea was valid, as the government had waived the death penalty, and the plea was entered knowingly and voluntarily.
• Barton v. United States
  458 F.2d 537· 5th Cir.· 1972-03-31
  The court held that the erroneous sentencing information did not affect the defendants' decision to plead guilty, thus affirming their convictions.
• Keating v. United States
  457 F.2d 1397· 5th Cir.· 1972-03-31 ·via Knowing And Voluntary Plea
  The court held that the district court did not err in denying the motion to vacate the conviction, finding the guilty plea was entered knowingly and voluntarily.
• State v. Rhoden
  36 Fla. Supp. 194· Brevard Cty. Ct.· 1972-03-23
  A defendant cannot attack a negotiated guilty plea as involuntary after a significant passage of time, especially when the plea was represented as voluntary to the court.
• Barber v. United States
  456 F.2d 164· 10th Cir.· 1972-03-13
  The court held that the Jenkins decision, requiring notification of parole ineligibility before a guilty plea, does not apply retroactively to pleas entered before April 2, 1969.
• Hightower v. United States
  455 F.2d 481· 6th Cir.· 1972-03-01
  The court held that the district judge's colloquy regarding the consequences of the guilty plea was insufficient, particularly concerning the relationship between the federal and state sentences.
• United States v. Monaco
  456 F.2d 254· 3d Cir.· 1972-02-29
  The court held that the trial court complied with Rule 11 of the Federal Rules of Criminal Procedure when accepting the appellant's guilty plea.
• United States v. Halitzer
  455 F.2d 219· 2d Cir.· 1972-02-10
  The court held that the denial of the petition to set aside the conviction must be affirmed because the precedent established in Bye v. United States is not retroactive to cases preceding it.
• de Gaglia v. State
  257 So. 2d 107· Fla. 4th DCA· 1972-01-25
  John Mario De Gaglia appealed his conviction for possession of narcotics following a nolo contendere plea, claiming the plea was involuntary because he was led to believe he would receive probation. The appellate court affirmed the judgment without reaching the merits because the
• United States v. Curtis
  459 F.2d 1362· D.C. Cir.· 1972-01-18 ·via Involuntary Plea
  The court held that a petitioner alleging his guilty plea was induced by counsel's promise of a specific sentence is entitled to a hearing, even if the trial court questioned him about promises at the time of the plea.
• Smith v. Beto
  453 F.2d 403· 5th Cir.· 1972-01-05
  A valid guilty plea waives all non-jurisdictional defects in the proceedings.
• Chapman v. Cardwell
  452 F.2d 1209· 6th Cir.· 1971-12-28
  The appellate court held that the District Court's factual findings regarding the voluntariness of the guilty plea were supported by substantial evidence and not clearly erroneous.
• Kelley v. State
  256 So. 2d 47· Fla. 2d DCA· 1971-12-22
  John Eugene Kelley appeals his conviction for burglary based on a vague claim that his constitutional rights were violated. The court found that Kelley freely and voluntarily pleaded guilty after being fully advised of his rights and the consequences, and affirmed his conviction.
• Betts v. State
  255 So. 2d 708· Fla. 4th DCA· 1971-12-06
  Florida appellate court affirmed a nolo contendere plea to aggravated assault where the trial court adequately inquired into the defendant's understanding and voluntariness despite his past mental health treatment.
• Griswold v. Eyman
  452 F.2d 923· 9th Cir.· 1971-11-30
  The court held that the district court did not err in denying the petition for a writ of habeas corpus, as the state court's findings regarding the understanding and voluntariness of the guilty plea were supported by the record.
• Brock v. United States
  451 F.2d 1209· 6th Cir.· 1971-11-24
  The court held that the district judge did not err in denying the motion to vacate sentence without a hearing.
• Kelly v. State
  254 So. 2d 22· Fla. 1st DCA· 1971-11-02
  A guilty plea conviction will not be reversed if the record, taken as a whole, demonstrates the plea was voluntary and knowing, even if the trial judge did not explicitly advise the defendant of all constitutional rights, especially when counsel explained the consequences and the
• Vaccaro v. United States
  449 F.2d 735· 8th Cir.· 1971-10-21
  The court held that the District Court's findings were not clearly erroneous and affirmed the decision to uphold the guilty plea.
• United States ex rel. Francis Seible v. LaVALLEE
  450 F.2d 842· 2d Cir.· 1971-10-07
  The court held that the habeas corpus petition failed to adequately allege facts sufficient to warrant a hearing, thus affirming the denial of the petition.
• Jones v. State
  252 So. 2d 841· Fla. 2d DCA· 1971-09-29 ·via Knowing And Voluntary Plea
• Cornelius v. Cupp
  449 F.2d 110· 9th Cir.· 1971-09-20
  The court held that the district court's finding of fact regarding the voluntariness of the guilty plea was not clearly erroneous and that Boykin v. Alabama does not apply retroactively.
• Albaugh v. United States
  448 F.2d 760· 10th Cir.· 1971-09-16
  The court held that the Federal Bank Robbery Act, excluding its death penalty provision, is constitutional, and the appellant's guilty plea was voluntary and validly entered.
• Darwin Highsmith v. State
  252 So. 2d 294· Fla. 2d DCA· 1971-09-08
  The court held that the appellant's contention of racial discrimination and lack of justice was groundless, and the record was free of error.
• Greeson v. State
  251 So. 2d 41· Fla. 3d DCA· 1971-07-27 ·via Involuntary Plea
  Lloyd Greeson appealed the trial court's order striking his motion to vacate a guilty plea and life sentence for second-degree murder. The appellate court reversed, finding that the trial court should have considered depositions filed by appointed counsel as an amendment to the p
• Melton v. Patterson
  445 F.2d 410· 10th Cir.· 1971-07-21
  The court held that the lower court did not err in denying habeas corpus relief, affirming that trial counsel was not inadequate and the submission of a dubious confession was not prejudicial given the jury's verdict.
• Robinson v. United States
  444 F.2d 1394· 7th Cir.· 1971-06-18
  The court held that the petitioner's guilty plea was valid, and therefore, the constitutional challenge to the sentencing provision need not be addressed.
• Myrick v. United States
  442 F.2d 1008· 10th Cir.· 1971-05-21
  The court held that the files and records did not conclusively demonstrate that the petitioner's guilty plea was knowingly made, requiring an evidentiary hearing.
• Counts v. United States
  441 F.2d 1377· 5th Cir.· 1971-05-07
  The court held that the petitioner's guilty plea was voluntary and understood, and that the district court properly denied his petition.
• Grayer v. State
  247 So. 2d 96· Fla. 3d DCA· 1971-04-20
  The court affirmed the denial of a Rule 1.850 motion for post-conviction relief from a statutory rape conviction, holding that the defendant's guilty plea was voluntary and properly accepted after a searching inquiry by the trial court.
• Salazar v. Sigler
  441 F.2d 834· 8th Cir.· 1971-04-16 ·via Voluntary And Intelligent Guilty Plea
  The court held that the defendant did not make an intelligent and knowing waiver of counsel during his guilty plea, as the trial court failed to conduct a sufficient inquiry.
• Devlin v. United States
  440 F.2d 671· 6th Cir.· 1971-04-16 ·via Knowing And Voluntary Plea
  The court affirmed the denial of the motion to vacate sentence, holding that the jurisdictional argument was moot and the guilty plea was voluntary.
• Furman Gary Moon v. United States
  439 F.2d 1123· 6th Cir.· 1971-04-07
  The court held that the defendant's motion to vacate sentence was properly denied because the sentencing procedures complied with the rules in effect at the time, and the Supreme Court decision relied upon was not retroactive.
• McGANN v. United States
  440 F.2d 1065· 5th Cir.· 1971-04-06
  The court affirmed the denial of the motion to vacate the judgment and sentence, finding the appellant's arguments legally frivolous and the new issue improperly raised.
• Omer G. Tinch v. United States
  440 F.2d 312· 7th Cir.· 1971-04-02
  The court held that the district court did not err in finding that the petitioner's guilty plea was not involuntary due to promises of probation, and that the court complied with Rule 11.
• Drake v. United States
  439 F.2d 1319· 6th Cir.· 1971-03-18
  A district court may dismiss a § 2255 petition without a hearing if the petitioner's material allegations are contradicted by the record of the original proceedings.
• Young v. State
  245 So. 2d 104· Fla. 2d DCA· 1971-03-05
  The court held that the trial court did not err in denying the post-conviction motion because the record was not silent, as a comprehensive hearing with sworn testimony established the voluntariness of the guilty plea.
• Vasi v. United States
  439 F.2d 717· 5th Cir.· 1971-03-02 ·via Knowing And Voluntary Plea
  The court held that the district court properly denied the motion to vacate sentence because the guilty plea was knowingly and voluntarily entered and counsel was not ineffective.
• Dawson v. Wainwright
  440 F.2d 1259· 5th Cir.· 1971-02-24
• United States v. Taft
  438 F.2d 48· 4th Cir.· 1971-02-19 ·via Involuntary Plea
  The court held that the district court properly denied the defendant's motions to withdraw his guilty pleas and for a new trial.
• Linehan v. State OF Minn.
  437 F.2d 395· 8th Cir.· 1971-02-09
  A guilty plea based on reasonably competent advice is intelligent and not open to attack due to counsel's misjudgment on confession admissibility.
• Alfreddie Grant v. Louie L. Wainwright
  243 So. 2d 632· Fla. 1st DCA· 1971-02-09
  Alfreddie Grant sought habeas corpus relief challenging his guilty plea to second-degree murder after his original first-degree murder conviction was reversed due to prosecutorial misconduct. The court denied his petition, finding his guilty plea was knowingly and voluntarily mad
• Knowles v. State
  242 So. 2d 878· Fla. 3d DCA· 1971-01-19
• Donovan Dura Triggs v. United States
  437 F.2d 1201· 6th Cir.· 1971-01-14
  The court held that if the appellant pled guilty without understanding the potential sentences, his pleas must be set aside as involuntary.
• Moret v. State
  242 So. 2d 500· Fla. 3d DCA· 1971-01-05
  Robert Moret appealed the denial of his motion to vacate a guilty plea and life sentence for first-degree murder, arguing he was not properly advised by counsel and the court about the consequences of changing his plea. The appellate court held that although Moret's allegations s
• White v. State
  244 So. 2d 499· Fla. 1st DCA· 1970-12-22
  Leon White appeals the trial court's denial of his motion to withdraw a guilty plea to charges of attempting to unlawfully obtain a controlled substance and resisting arrest with violence. The court affirmed the denial, finding that the trial judge conducted an exhaustive and tho
• Harper v. State
  241 So. 2d 712· Fla. 1st DCA· 1970-12-08
• United States ex rel. Robert W. Phillips v. Pate
  435 F.2d 604· 7th Cir.· 1970-12-07
  The court held that the petitioner's federal constitutional rights were not denied, and his guilty plea was knowing and intelligent.
• United States ex rel. George C. Riley v. State of N.J.
  434 F.2d 649· 3d Cir.· 1970-12-03
  The court held that the district court did not err in denying the habeas corpus petition, as the petitioner's guilty pleas were voluntary and the indictment procedure was proper under state and federal law.
• Lyons v. Howard
  434 F.2d 632· 6th Cir.· 1970-11-30
  The Kentucky statutory scheme under which the appellant was prosecuted is not unconstitutional, and the appellant was not forced to plead guilty to avoid the risk of the death penalty.