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

• Harrell v. State
  469 So. 2d 169· Fla. 1st DCA· 1985-05-21 ·cited 30×
  Harrell appeals his probation revocation based on an uncounseled misdemeanor conviction. The court holds that although an uncounseled misdemeanor conviction without a right to counsel may be valid, it cannot serve as the sole basis for probation revocation and imprisonment withou
• United States v. McWILLIAMS
  730 F.2d 1218· 9th Cir.· 1984-02-02 ·cited 30×
  A defendant cannot challenge a federal firearms conviction based on the invalidity of a prior predicate felony conviction, even if that conviction is constitutionally infirm.
• Nash v. Israel
  707 F.2d 298· 7th Cir.· 1983-05-19 ·cited 30×·via Knowing And Voluntary Plea
  The court held that a guilty plea is invalid if the trial court fails to establish on the record that the defendant understood the elements of the charge, particularly when the defendant explicitly states confusion.
• Len C. Scott v. Louie L. Wainwright
  698 F.2d 427· 11th Cir.· 1983-02-14 ·cited 30×
  A guilty plea is not knowing and voluntary if the defendant did not receive reasonably effective assistance of counsel in deciding to plead guilty.
• United States v. Goodheim
  686 F.2d 776· 9th Cir.· 1982-09-07 ·cited 30×
  The court held that the government met its burden to show a prior guilty plea was voluntary and intelligent, and that the defendant's other arguments regarding firearm operability, photographic identification, alias inquiry, and consecutive sentencing were without merit.
• United States v. Thompson
  680 F.2d 1145· 7th Cir.· 1982-06-10 ·cited 30×
  A defendant seeking to withdraw a guilty plea before sentencing must present a 'fair and just reason,' and the government's lack of prejudice is only one factor, not an automatic right to withdrawal. Post-sentencing withdrawal requires showing 'manifest injustice.'
• Gerrold Duane Davis v. Louie L. Wainwright
  547 F.2d 261· 5th Cir.· 1977-02-18 ·cited 30×·via Involuntary Plea
  The court held that a violation of a state speedy trial rule, even if counsel failed to raise it, is not a constitutional violation reviewable by federal habeas corpus. A guilty plea is voluntary if the defendant affirms it is knowing and voluntary, even if the court doesn't list
• United States v. Maggio
  514 F.2d 80· 5th Cir.· 1975-06-09 ·cited 30×
  The court held that a district court's failure to strictly comply with the procedural requirements outlined in Bryan v. United States does not automatically necessitate vacation of a guilty plea, especially when the defendant's understanding of the charges and consequences is oth
• Gates v. United States
  515 F.2d 73· 7th Cir.· 1975-04-08 ·cited 30×
  A federal prisoner is entitled to relief under 28 U.S.C. § 2255 if the sentencing court failed to inform them of parole ineligibility prior to accepting their guilty plea, and additionally, incorrectly informed them of parole eligibility at sentencing, as these compound errors co
• United States v. Wolak
  510 F.2d 164· 6th Cir.· 1975-02-07 ·cited 30×
  The court held that a defendant must be informed of the mandatory parole term as a consequence of a guilty plea to ensure the plea is voluntary and understood.
• United States v. Amadeo Augusto Luciano Santelises
  509 F.2d 703· 2d Cir.· 1975-01-09 ·cited 30×·via Knowing And Voluntary Plea
  The court held that an appended affidavit from counsel is of no legal significance if it does not aver an affirmative misrepresentation, and a plea is not rendered involuntary by the defendant's unawareness of potential deportation.
• Joseph v. Malinauskas
  505 F.2d 649· 5th Cir.· 1974-12-19 ·cited 30×
  The court held that the standard for mental competence to plead guilty is the same as the standard for competence to stand trial, and the district court did not err in applying this standard.
• Tyler v. Swenson
  483 F.2d 611· 8th Cir.· 1973-08-15 ·cited 30×
  District courts are required to consider exhausted claims in a habeas petition even if other unrelated claims within the same petition are unexhausted.
• Williams v. Louie L. Wainwright
  452 F.2d 775· 5th Cir.· 1971-12-07 ·cited 30×
  The court held that the petitioner had sufficiently exhausted state remedies because the Florida Supreme Court's limited jurisdiction offered no practical avenue for review of his claims.
• United States v. Bednarski
  445 F.2d 364· 1st Cir.· 1971-07-22 ·cited 30×
  A court has discretion to refuse to accept a guilty plea, even if the defendant offers to plead guilty while asserting innocence, and this discretion is not automatically abused.
• Williams v. United States
  443 F.2d 1151· 5th Cir.· 1971-05-11 ·cited 30×
  The court held that a guilty plea, if voluntarily and understandingly made, is conclusive as to guilt and waives non-jurisdictional defects, and that claims of ineffective counsel or involuntariness due to medication are refuted by the record.
• Meller v. State OF Mo.
  431 F.2d 120· 8th Cir.· 1970-08-17 ·cited 30×
  The court held that the defendant's 1952 guilty plea and waiver of counsel were voluntary and intelligent, and that the Boykin v. Alabama decision should not be applied retroactively.
• In re Parker
  423 F.2d 1021· 8th Cir.· 1970-03-23 ·cited 30×
  The federal court erred in granting habeas corpus relief because it failed to give presumptive weight to the state court's factual findings, and the petitioner did not provide convincing evidence to overcome this presumption.
• United States v. Rook
  424 F.2d 403· 7th Cir.· 1970-03-03 ·cited 30×
  A guilty plea waives non-jurisdictional defenses, and the record demonstrated the defendant understood the charge and factual basis for his plea, even without a formal Rule 11 inquiry.
• Murray v. United States
  419 F.2d 1076· 10th Cir.· 1969-12-22 ·cited 30×
  The court held that even if the district court misstated the maximum possible sentence, this error was not sufficient to render the guilty plea involuntary or entitle the appellant to relief under 28 U.S.C. § 2255.
• Holland v. United States
  406 F.2d 213· 5th Cir.· 1969-01-20 ·cited 30×
  A defendant's plea is not rendered involuntary by counsel's prediction of a sentence, even if that prediction is erroneous, as long as the plea is otherwise voluntary and the advice does not constitute a misstatement of statutory provisions.
• Kennedy v. United States
  397 F.2d 16· 6th Cir.· 1968-06-26 ·cited 30×
  The court held that the district court erred in vacating the conviction without an evidentiary hearing, as Rule 11's requirements were not automatically violated by the sentencing procedure.
• Gomez v. United States
  396 F.2d 323· 9th Cir.· 1968-06-13 ·cited 30×
  The court held that the district court erred in denying the applicant's motion without a hearing, as both the voluntariness of the plea and compliance with Rule 11 required further factual determination.
• Whaley v. United States
  394 F.2d 399· 10th Cir.· 1968-05-13 ·cited 30×
  A defendant who voluntarily pleads guilty without asserting the privilege against self-incrimination cannot later raise that privilege as a defense on appeal.
• Pursley v. United States
  391 F.2d 224· 5th Cir.· 1968-03-12 ·cited 30×
  The court held that the defendant's claims of coercion and promises were refuted by the files and records of the district court.
• Gusow v. State
  6 So. 3d 699· Fla. 4th DCA· 2009-04-01 ·cited 29×·via Involuntary Plea
  Mark Gusow appealed the denial of his motion to vacate a guilty plea to 47 felonies, claiming his counsel misadvised him that a probation violation would result in no more than five years in prison. The Fourth District affirmed, holding that advice about potential sentences for f
• J.R.V. v. State
  715 So. 2d 1135· Fla. 5th DCA· 1998-08-21 ·cited 29×·via Voluntary And Intelligent Guilty Plea
  A juvenile appellant challenges his delinquency conviction based on a guilty plea entered without counsel and allegedly without adequate understanding of his rights and the consequences. The appellate court reverses, finding fundamental error in the trial court's failure to condu
• State v. Fernanda Oakley
  715 So. 2d 956· Fla. 4th DCA· 1998-05-27 ·cited 29×·via Involuntary Plea
  The court reversed the grant of post-conviction relief on one ground and affirmed the denial of relief on another ground.
• Eggers v. State
  624 So. 2d 336· Fla. 1st DCA· 1993-09-10 ·cited 29×·via Involuntary Plea
  A trial court must advise a defendant of all terms of a plea agreement, including probation, and failure to do so may require resentencing or withdrawal of the plea.
• United States v. Pearson
  910 F.2d 221· 5th Cir.· 1990-08-21 ·cited 29×
  The court held that a defendant is not entitled to notice prior to entering a guilty plea regarding the potential application of Sentencing Guidelines career offender enhancements.
• United States v. Sweeney
  878 F.2d 68· 2d Cir.· 1989-06-22 ·cited 29×
  A defendant cannot withdraw a guilty plea based solely on an attorney's erroneous estimate of a Sentencing Guidelines range, especially when the defendant was aware of statutory maximums and the judge's discretion.
• Bontkowski v. United States
  850 F.2d 306· 7th Cir.· 1988-06-24 ·cited 29×
  The court held that the district court properly dismissed the § 2255 petition regarding the cocaine conviction, but remanded the bank fraud conviction claim concerning insufficient factual basis for the plea.
• Brown v. Butler
  811 F.2d 938· 5th Cir.· 1987-03-10 ·cited 29×
  The court held that a guilty plea is voluntary if the defendant is aware of the elements of the crime, and that a Sixth Amendment right to counsel does not extend to routine presentence interviews. However, failure to advise a defendant of a potential venue defense may constitute
• United States v. Gonzalez-Mercado
  808 F.2d 796· 11th Cir.· 1987-01-26 ·cited 29×·via Knowing And Voluntary Plea
  The court held that the district court did not abuse its discretion in denying the defendant's motion to withdraw his guilty plea, as the plea was knowing and voluntary.
• Wallace v. R.V. Turner
  695 F.2d 545· 11th Cir.· 1983-01-14 ·cited 29×
  A state court judge does not violate a defendant's constitutional rights by accepting a knowing and voluntary nolo contendere plea without a factual basis for the plea, unless the defendant proclaims innocence.
• Johnson v. Massey
  516 F.2d 1001· 5th Cir.· 1975-07-31 ·cited 29×
  A guilty plea induced by a good faith but erroneous prediction of sentence by defense counsel is not rendered involuntary. A defendant's sworn statement denying promises precludes retrial on that issue.
• Hoch v. State
  679 So. 2d 847· Fla. 2d DCA· 1996-09-13 ·cited 28×·via Involuntary Plea
  A defendant's facially sufficient allegation that his plea was involuntary due to counsel's affirmative misinformation about gain time and actual time to be served is not necessarily foreclosed by the defendant's negative answer during the plea colloquy to a general question abou
• United States v. Henry
  933 F.2d 553· 7th Cir.· 1991-05-29 ·cited 28×
  The court held that the denial of the motion to suppress was not clearly erroneous, the sentencing enhancement was proper, and the prior guilty pleas were valid.
• Panzardi-Alvarez v. United States
  879 F.2d 975· 1st Cir.· 1989-07-19 ·cited 28×
  The court held that the district court did not abuse its discretion in denying pro hac vice admission due to ethical violations and that the defendant's guilty plea was valid, precluding ineffective assistance of counsel claims.
• United States v. Jordan
  870 F.2d 1310· 7th Cir.· 1989-03-22 ·cited 28×
  The court held that a federal prosecution following a state conviction does not violate double jeopardy under the dual sovereignty doctrine, and a state guilty plea is not rendered involuntary or unintelligent due to the possibility of subsequent federal prosecution.
• Buckley v. Butler
  825 F.2d 895· 5th Cir.· 1987-08-27 ·cited 28×
  The court held that the record sufficiently demonstrated that the defendant's admission of prior convictions in the multiple bill proceeding was intelligent and voluntary, satisfying any applicable Boykin-type requirements.
• Uresti v. James
  821 F.2d 1099· 5th Cir.· 1987-07-17 ·cited 28×
  The court held that the petitioner's guilty plea was voluntary and counsel was not ineffective, and that the indictment was sufficient and the confession claim was unsupported.
• United States v. Daniels
  821 F.2d 76· 1st Cir.· 1987-06-23 ·cited 28×
  The court held that the government's failure to disclose a material term of the plea agreement, specifically that all codefendants had to plead guilty, constituted a violation of Rule 11(e)(2) that was not harmless error, providing a fair and just reason for the defendant to with
• Grady Lee Smith v. W.J. Estelle, Jr.
  711 F.2d 677· 5th Cir.· 1983-08-11 ·cited 28×
  The court held that the district court properly denied habeas corpus relief without an evidentiary hearing, as the record sufficiently demonstrated the voluntariness of the guilty plea and the adequacy of counsel.
• Clover Hayes v. Maggio
  699 F.2d 198· 5th Cir.· 1983-02-07 ·cited 28×
  The court held that the district court clearly erred in finding the plea bargain did not include a promise of parole eligibility, reversing the denial of habeas corpus relief.
• Odell Hargrow Hill v. Estelle
  653 F.2d 202· 5th Cir.· 1981-08-10 ·cited 28×
  A state prisoner's claim of illegal sentencing under a new penal code, absent prejudice, does not raise a federal constitutional issue cognizable in habeas corpus.
• Gunn v. State
  379 So. 2d 431· Fla. 2d DCA· 1980-01-30 ·cited 28×
  The court held that the trial court erred in summarily denying the motion to vacate the plea because the record did not conclusively refute the allegation that the plea was involuntary due to medication.
• United States v. Gray
  611 F.2d 194· 7th Cir.· 1979-12-13 ·cited 28×
  The court held that the district court's failure to strictly adhere to all requirements of Federal Rule of Criminal Procedure 11 at the guilty plea hearing did not require vacating the conviction, as the defendant was substantially informed of the charges and consequences, and th
• United States v. Tursi
  576 F.2d 396· 1st Cir.· 1978-05-30 ·cited 28×
  The court held that the defendant's guilty plea was knowing and voluntary, despite his belief that his son would receive probation, because the court clearly stated that any recommendations were not binding.
• United States v. Scharf
  551 F.2d 1124· 8th Cir.· 1977-03-30 ·cited 28×
  The court held that the district court's failure to fully comply with Federal Rule of Criminal Procedure 11 regarding plea agreements necessitates a remand for an evidentiary hearing to determine the plea bargain's terms and whether it was breached.