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

• United States v. Kniess
  264 F.2d 353· 7th Cir.· 1959-03-02 ·cited 34×
  A voluntary guilty plea waives prior Rule 5(a) violations, rendering a confession obtained in violation of that rule inadmissible but not invalidating the conviction.
• Hood v. United States
  152 F.2d 431· 8th Cir.· 1946-01-03 ·cited 34×
  The court held that the denial of the motion to vacate sentences was proper because the appellants' contentions had been previously adjudicated in habeas corpus proceedings and were without merit.
• Nixon v. State
  857 So. 2d 172· Fla.· 2003-07-10 ·cited 33×·via Voluntary And Intelligent Guilty Plea
  Joe Elton Nixon, a death row inmate, appealed the denial of postconviction relief based on his trial counsel's admission of his guilt without his explicit consent. The Florida Supreme Court reversed and remanded for a new trial, holding that silent acquiescence to a counsel's str
• Boerstler v. State
  622 So. 2d 184· Fla. 1st DCA· 1993-08-16 ·cited 33×
  Defendant's sentence was not rendered illegal by a scoresheet error because he had agreed to the specific sentence as part of a valid plea agreement that did not condition the plea on compliance with sentencing guidelines.
• United States ex rel. Walter Paul McGOUGH v. Hewitt
  528 F.2d 339· 3d Cir.· 1975-12-18 ·cited 33×
  A psychiatric report raising substantial questions about a defendant's mental soundness requires an evidentiary hearing to determine competency before accepting a guilty plea or proceeding to trial.
• Woodard v. Beto
  447 F.2d 103· 5th Cir.· 1971-06-23 ·cited 33×·via Knowing And Voluntary Plea
  The court held that the appellant's claims of ineffective assistance of counsel and double jeopardy did not rise to federal constitutional proportions, thus denying habeas corpus relief.
• Schnautz v. Beto
  416 F.2d 214· 5th Cir.· 1969-09-11 ·cited 33×
• Rosecrans v. United States
  378 F.2d 561· 5th Cir.· 1967-05-26 ·cited 33×
  The court held that the defendant's guilty pleas were voluntary and understandingly made, and his statements to the FBI were voluntary, thus his motion to vacate the sentence was properly denied.
• Martin v. United States
  256 F.2d 345· 5th Cir.· 1958-06-18 ·cited 33×
  The court held that a guilty plea is voluntary if made with understanding of charges and competent counsel's advice, even if induced by dismissal of a capital count.
• Barnes v. State
  29 So. 3d 1010· Fla.· 2010-02-04 ·cited 32×·via Knowing And Voluntary Plea
  James Phillip Barnes was convicted of first-degree murder and sentenced to death for the 1988 murder of Patricia Miller, a nurse killed in her Florida condominium. Barnes appealed contesting the trial court's appointment of special mitigation counsel over his objection and the co
• State v. Wiita
  744 So. 2d 1232· Fla. 4th DCA· 1999-11-10 ·cited 32×·via Knowing And Voluntary Plea
  The court held that the trial court did not abuse its discretion in vacating the defendant's sentence because the defendant's guilty plea was not entered knowingly or voluntarily due to the unforeseen consequences of a later enacted statute requiring sex offender registration and
• Marriott v. State
  605 So. 2d 985· Fla. 4th DCA· 1992-10-07 ·cited 32×
  The Fourth District Court of Appeal reversed its prior decision (Marriott I) and held that trial courts must inform all defendants of possible immigration consequences of a guilty or nolo contendere plea, regardless of citizenship status, and that failure to do so permits withdra
• United States v. Navarro-Botello
  912 F.2d 318· 9th Cir.· 1990-08-17 ·cited 32×·via Knowing And Voluntary Plea
  A defendant's waiver of the right to appeal a sentence, made as part of a negotiated plea agreement, is enforceable if it is made voluntarily and knowingly, and does not violate due process or public policy.
• United States v. Langford Wiggins
  905 F.2d 51· 4th Cir.· 1990-05-29 ·cited 32×·via Voluntary And Intelligent Guilty Plea
  A defendant who expressly waives the right to appeal his sentence in a valid plea agreement cannot subsequently appeal that sentence.
• United States v. Murphy
  899 F.2d 714· 8th Cir.· 1990-03-27 ·cited 32×
  The court affirmed the district court's judgment, holding that the defendant's challenges to his convictions and sentences lacked merit and that the Sentencing Guidelines were constitutional as applied.
• United States v. Wheat
  813 F.2d 1399· 9th Cir.· 1987-04-02 ·cited 32×
  The court held that the trial court did not abuse its discretion in denying a motion to substitute counsel due to potential conflicts of interest, even with a waiver, and that the defendant's absence from an ex parte conference with his attorney was harmless error.
• Agan v. State
  445 So. 2d 326· Fla.· 1983-12-15 ·cited 32×
  The court affirmed the conviction for first-degree murder and the sentence of death, finding no errors in the trial court's proceedings.
• United States v. Broussard
  645 F.2d 504· 5th Cir.· 1981-05-21 ·cited 32×·via Knowing And Voluntary Plea
  The court held that a special parole term imposed under 21 U.S.C. § 963 is invalid, but a knowing and voluntary guilty plea waives non-jurisdictional defects, including speedy trial claims.
• United States v. Moore
  599 F.2d 310· 9th Cir.· 1979-06-25 ·cited 32×
  The court held that the district court did not err in denying the defendant's petition to set aside her guilty plea and vacate her sentence.
• Moore v. Estelle
  526 F.2d 690· 5th Cir.· 1976-02-02 ·cited 32×·via Knowing And Voluntary Plea
  The court held that a prior determination on the merits of a habeas corpus petition bars successive attacks on the same grounds, and that the petitioner's declarations in open court established the voluntary and knowing character of his guilty plea to the enhancement count.
• Stinson v. Turner
  473 F.2d 913· 10th Cir.· 1973-02-27 ·cited 32×·via Voluntary And Intelligent Guilty Plea
  The court held that the record affirmatively showed the guilty plea was intelligent and voluntary, satisfying due process requirements.
• United States v. Woosley
  440 F.2d 1280· 8th Cir.· 1971-03-29 ·cited 32×
  The court held that the trial court did not abuse its discretion in denying the defendant's motion to withdraw his guilty plea.
• Harris v. United States
  426 F.2d 99· 6th Cir.· 1970-05-04 ·cited 32×
  The court held that ineligibility for parole is a consequence of a guilty plea under Federal Rule of Criminal Procedure 11, and a defendant must be informed of this consequence to ensure the plea is voluntary and knowing.
• Askew v. State OF Ala.
  398 F.2d 825· 5th Cir.· 1968-07-16 ·cited 32×
  A voluntarily and understandingly made guilty plea waives all non-jurisdictional defects in prior proceedings, thus precluding an evidentiary hearing on such allegations in a habeas corpus petition.
• Briscoe v. United States
  391 F.2d 984· D.C. Cir.· 1968-02-02 ·cited 32×
  The court held that a guilty plea may be set aside if induced by a misunderstanding of law fostered by the government, and that a sentencing judge must consider all sentencing alternatives, including deportation.
• Gilmore v. The People OF the State OF Cal. & Warden Lawrence E. Wilson
  364 F.2d 916· 9th Cir.· 1966-08-04 ·cited 32×
  The court held that a hearing is required to determine if the defendant's guilty plea was voluntary, based on allegations of attorney misrepresentation regarding sentencing.
• Rimanich v. United States
  357 F.2d 537· 5th Cir.· 1966-03-17 ·cited 32×
  The court held that the district court used an erroneous legal standard in determining the voluntariness of the guilty plea and that, under the correct standard, the plea was not voluntary.
• Bartlett v. United States
  354 F.2d 745· 8th Cir.· 1966-01-05 ·cited 32×
  The court held that the trial court did not abuse its discretion in refusing to set aside the waiver of indictment and that the guilty pleas were made voluntarily and with understanding.
• Putnam v. United States
  337 F.2d 313· 10th Cir.· 1964-10-22 ·cited 32×·via Knowing And Voluntary Plea
  The court held that the defendant's guilty plea was entered voluntarily and knowingly, and thus no evidentiary hearing was required.
• United States v. Hoyland
  264 F.2d 346· 7th Cir.· 1959-02-20 ·cited 32×
  A voluntary plea of guilty, entered with advice of counsel and full understanding of consequences, waives the right to challenge the conviction based on alleged coercion, double jeopardy, or jurisdictional defects.
• Gidney v. State
  925 So. 2d 1076· Fla. 4th DCA· 2006-03-15 ·cited 31×
  William Gidney appealed the dismissal of his rule 3.850 post-conviction motion claiming ineffective assistance of counsel. The Fourth District affirmed the dismissal but allowed Gidney to refile a more concise motion that properly demonstrates prejudice, rejecting his excessively
• Roberti v. State
  782 So. 2d 919· Fla. 2d DCA· 2001-03-23 ·cited 31×·via Involuntary Plea
  Ronald Roberti appealed the denial of his Rule 3.850 postconviction motion claiming ineffective assistance of counsel and an involuntary plea. The court affirmed the denial of most claims but reversed and remanded on one claim involving counsel's affirmative misadvice that Robert
• Creech v. A.J. Arave
  947 F.2d 873· 9th Cir.· 1991-03-27 ·cited 31×
  The panel erred in holding that Idaho's statutory aggravating factor of 'utter disregard for human life' is unconstitutionally vague, failing to give adequate deference to the Idaho Supreme Court's limiting construction.
• Marrow v. United States
  772 F.2d 525· 9th Cir.· 1985-09-24 ·cited 31×
  A district court may not summarily dismiss a habeas corpus petition alleging matters outside the record that, if true, could justify setting aside a guilty plea, without an evidentiary hearing.
• Onnestad v. State
  404 So. 2d 403· Fla. 5th DCA· 1981-10-07 ·cited 31×
  The court held that a defendant's unsupported allegation that medication impaired his thinking is insufficient to require withdrawal of a guilty plea, especially when the trial court questioned him about the medication's effects.
• Henson v. Estelle
  641 F.2d 250· 5th Cir.· 1981-03-30 ·cited 31×
  The court held that a habeas petitioner's claims regarding a 1960 conviction were barred by Rule 9(a) due to prejudicial delay, but the 1948 conviction required an evidentiary hearing.
• Richardson v. United States
  577 F.2d 447· 8th Cir.· 1978-06-15 ·cited 31×
  The court held that a defendant's conclusory allegations contradicting statements made during a guilty plea proceeding are insufficient for post-conviction relief without a valid reason for the contradiction. However, failure to inform a defendant of the maximum special parole te
• Coleman v. The Honorable Arthur L. Burnett
  477 F.2d 1187· D.C. Cir.· 1973-03-14 ·cited 31×·via Voluntary And Intelligent Guilty Plea
  The court should have allowed broader cross-examination at the preliminary hearing to probe probable cause.
• Buster O'Neal v. Smith
  431 F.2d 646· 5th Cir.· 1970-09-10 ·cited 31×·via Knowing And Voluntary Plea
  The court held that the district court did not err in denying habeas corpus relief, finding that the appellant received effective assistance of counsel and knowingly and voluntarily pleaded guilty.
• Jones v. United States
  384 F.2d 916· 9th Cir.· 1967-10-24 ·cited 31×
  Compliance with Rule 11 of the Federal Rules of Criminal Procedure does not conclusively bar a subsequent § 2255 petition alleging facts outside the arraignment record.
• United States v. Koptik
  300 F.2d 19· 7th Cir.· 1962-02-19 ·cited 31×
  The court held that the appeal from the original judgment was untimely and that the denial of the defendant's § 2255 motions was proper because the claims raised were either procedurally barred, factually unsupported by the record, or did not constitute grounds for relief under §
• Adkins v. United States
  298 F.2d 842· 8th Cir.· 1962-02-02 ·cited 31×
  A guilty plea waives the right to challenge the sufficiency of evidence or prior procedural irregularities, and Rule 11 does not require a formal recitation of the voluntariness determination.
• Nunley v. United States
  294 F.2d 579· 10th Cir.· 1961-08-11 ·cited 31×
  The court held that the trial court adequately ensured the guilty plea was voluntary and intelligent, despite not making an express determination.
• Davis v. State
  938 So. 2d 555· Fla. 1st DCA· 2006-08-22 ·cited 30×·via Knowing And Voluntary Plea
  A defendant cannot contradict sworn representations made to the court during a plea colloquy, especially regarding counsel's effectiveness and the voluntary nature of the plea.
• HEN LIN LU v. State
  683 So. 2d 1110· Fla. 4th DCA· 1996-11-27 ·cited 30×·via Voluntary And Intelligent Guilty Plea
  A written plea agreement form alone is insufficient to demonstrate compliance with the rule requiring oral advisement of potential deportation consequences; the trial court must orally verify the defendant's understanding of the written information.
• Isley v. State
  565 So. 2d 389· Fla. 5th DCA· 1990-08-09 ·cited 30×·via Voluntary And Intelligent Guilty Plea
  Clarence Isley pleaded nolo contendere to second degree murder and was sentenced to 30 years with a mandatory minimum, then appealed claiming his plea was involuntary, unintelligent, and coerced, and that he was incompetent. The court affirmed, holding that absent a motion to wit
• Arnaldo Hernandez-Hernandez v. United States
  904 F.2d 758· 1st Cir.· 1990-05-31 ·cited 30×
  The court held that while a competency hearing was not required, the district court erred in denying an evidentiary hearing on the claim that counsel promised a specific sentence.
• Manfred Lewis Estes v. United States
  883 F.2d 645· 8th Cir.· 1989-08-28 ·cited 30×
  The court held that a defendant is entitled to an evidentiary hearing on a claim of ineffective assistance of counsel for failure to file an appeal when requested, and prejudice need not be shown.
• United States v. Reink Kamer
  781 F.2d 1380· 9th Cir.· 1986-02-05 ·cited 30×
  The court affirmed the lower court's decision.
• United States v. Gil Ricardo Gavilan
  761 F.2d 226· 5th Cir.· 1985-05-28 ·cited 30×
  A defendant's ignorance of collateral immigration consequences of a guilty plea, or counsel's failure to advise of them, does not render the plea involuntary or constitute ineffective assistance of counsel if the defendant cannot show prejudice.