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 ex rel. Theodore Baker v. Finkbeiner
  551 F.2d 180· 7th Cir.· 1977-03-17 ·cited 28×
  The court held that the failure to inform a defendant of a mandatory parole term at the time of a guilty plea, when the plea was based on a specific sentence agreement, creates a defect of constitutional dimensions violating the Due Process Clause.
• Kelleher v. Henderson
  531 F.2d 78· 2d Cir.· 1976-02-18 ·cited 28×
  A guilty plea is not rendered involuntary or unintelligent under the Fourteenth Amendment solely because the defendant was unaware of the maximum possible sentence, if the record shows the defendant would have pleaded guilty regardless.
• United States v. Truglio
  493 F.2d 574· 4th Cir.· 1974-03-14 ·cited 28×
  The court held that the defendant's guilty plea was not voluntary due to ineffective assistance of counsel stemming from joint representation and coercive plea negotiations, and that the trial court abused its discretion in denying the motion to withdraw the plea.
• Donner Joseph LeBLANC v. Henderson
  478 F.2d 481· 5th Cir.· 1973-04-17 ·cited 28×
  A post-conviction evidentiary hearing can cure a defective trial transcript regarding a guilty plea's voluntariness and intelligence.
• Masciola v. United States
  469 F.2d 1057· 3d Cir.· 1972-11-20 ·cited 28×
  Inaccurate assurances from counsel regarding sentencing do not, in themselves, constitute grounds for reversal of a conviction or permission to withdraw a guilty plea.
• Hutchison v. United States
  450 F.2d 930· 10th Cir.· 1971-11-17 ·cited 28×
  The court held that the combination of criminal conviction and administrative punishment for escape does not constitute double jeopardy, and a guilty plea is not rendered involuntary by failure to inform the defendant of potential administrative good time forfeiture.
• Paige v. United States
  443 F.2d 781· 4th Cir.· 1971-06-10 ·cited 28×·via Involuntary Plea
  The court held that the district court's failure to advise the defendant of his right to appeal after his first conviction and its failure to fully advise him of the consequences of his guilty plea for his second conviction required vacating the denial of his motion to vacate the
• Reed v. United States
  441 F.2d 569· 9th Cir.· 1971-04-30 ·cited 28×
• Zales v. Henderson
  433 F.2d 20· 5th Cir.· 1970-10-21 ·cited 28×
  A guilty plea to a habitual offender charge forecloses a defendant's right to challenge the validity of prior convictions used for sentence enhancement.
• United States v. Williams
  429 F.2d 158· 8th Cir.· 1970-06-30 ·cited 28×
  The court held that joint representation of codefendants does not violate the Sixth Amendment unless there is evidence of an actual or substantial possibility of a conflict of interest.
• Ward v. State
  236 So. 2d 187· Fla. 1st DCA· 1970-06-11 ·cited 28×
  A voluntary guilty plea, entered on advice of counsel, constitutes a waiver of all non-jurisdictional defects occurring prior to the plea.
• Jones v. United States
  423 F.2d 252· 9th Cir.· 1970-02-26 ·cited 28×
  A guilty plea is not automatically invalidated by an undisclosed plea bargain if the plea was otherwise voluntary and made with understanding of the consequences.
• Belsky v. State
  231 So. 2d 256· Fla. 3d DCA· 1970-02-10 ·cited 28×
  Michael Belsky appealed the denial of his motion for post-conviction relief, arguing his private attorney was incompetent and that he was denied effective assistance of counsel. The court affirmed the denial, holding that defendants generally cannot attack the competency of priva
• Ford v. United States
  418 F.2d 855· 8th Cir.· 1969-11-20 ·cited 28×
  A guilty plea, if voluntarily and understandingly made after consultation with counsel and compliance with Rule 11, is conclusive and waives prior non-jurisdictional defects.
• United States ex rel. Adrian Rosa v. Follette
  395 F.2d 721· 2d Cir.· 1968-05-28 ·cited 28×
  A guilty plea is not rendered involuntary merely because the trial judge informed the defendant of the specific sentence he would impose, especially when the plea discussions were primarily between the prosecutor and the defendant.
• Roeth v. United States
  380 F.2d 755· 5th Cir.· 1967-07-10 ·cited 28×
  The court held that the appellant was adequately advised of his right to counsel and intelligently waived it, and that any errors regarding resentencing notice or disclosure of presentence reports were harmless.
• Thompson v. State
  176 So. 2d 564· Fla. 3d DCA· 1965-05-25 ·cited 28×
  Herbert Thompson appeals the denial of his motion to vacate a guilty plea conviction for first-degree murder, claiming his confession was coerced through illegal interrogation, physical force, and threats. The Florida appellate court reverses and remands for a hearing on whether
• Gundlach v. United States
  262 F.2d 72· 4th Cir.· 1958-12-11 ·cited 28×
  The court held that a thorough hearing on a motion to vacate a guilty plea, which established the defendant's understanding of the charges and the voluntariness of the plea, satisfied the requirements of due process and criminal procedure rules, even if the initial arraignment wa
• Leonarda Simeton v. State
  734 So. 2d 446· Fla. 4th DCA· 1999-05-05 ·cited 27×·via Involuntary Plea
  Leonarda Simeton appeals the denial of his motion to withdraw a no contest plea to violating community control, claiming the plea was involuntary based on his attorney's misrepresentation of the sentence length. The appellate court reverses, holding that due process requires an e
• FOX v. Ira Kelso
  911 F.2d 563· 11th Cir.· 1990-09-07 ·cited 27×·via Knowing And Voluntary Plea
  The court held that the state failed to carry its burden of proving that the petitioner's guilty pleas were knowing and intelligent, and thus the district court properly granted habeas relief.
• Bramlett v. A.L. Lockhart
  876 F.2d 644· 8th Cir.· 1989-06-01 ·cited 27×
  The court held that the petitioner failed to demonstrate ineffective assistance of counsel or that his confession and guilty plea were involuntary, thus affirming the denial of his habeas corpus petition.
• Elias v. State
  531 So. 2d 418· Fla. 4th DCA· 1988-09-28 ·cited 27×
  A defendant should be permitted to withdraw a guilty plea if it was entered under circumstances affecting his rights, such as mistake or misunderstanding, and the interests of justice would be served.
• Long v. O.L. McCOTTER
  792 F.2d 1338· 5th Cir.· 1986-06-27 ·cited 27×
  A prisoner's voluntary and knowing plea of 'true' to enhancement charges forecloses his subsequent attack on the validity of the prior conviction used for enhancement.
• United States v. Diaz
  733 F.2d 371· 5th Cir.· 1984-06-01 ·cited 27×
  The court held that the appellant's guilty pleas were knowing and voluntary, and that his claims of ineffective assistance of counsel were without merit. One of the sentences was vacated under the concurrent sentence doctrine.
• United States v. Frazier
  705 F.2d 903· 7th Cir.· 1983-04-18 ·cited 27×
  A guilty plea is affirmed when the district court properly advises the defendant of rights and the plea is voluntary, even if the defendant mistakenly believes they can appeal a prior motion denial.
• Harris v. Oliver
  645 F.2d 327· 5th Cir.· 1981-05-18 ·cited 27×
  The court held that the district court erred in denying the habeas corpus petition without an evidentiary hearing because the state court applied an incorrect legal standard for effective assistance of counsel, making factual findings unreliable.
• United States ex rel. Charles F. Scott v. Mancusi
  429 F.2d 104· 2d Cir.· 1970-07-06 ·cited 27×
  A guilty plea induced by defense counsel's good-faith, but erroneous, sentence estimate or misstatement of law regarding withdrawal does not render the plea involuntary, absent evidence of government inducement.
• Pitts v. State
  181 So. 2d 739· Fla. 1st DCA· 1966-01-18 ·cited 27×
  Appellant Pitts challenged his guilty plea conviction for robbery, claiming he was not indicted by grand jury and that his public defender promised probation instead of imprisonment. The court affirmed his conviction, holding that a guilty plea is not invalid merely because couns
• Montero v. State
  996 So. 2d 888· Fla. 4th DCA· 2008-11-19 ·cited 26×
  Angel Montero challenged his guilty plea conviction for burglary and dealing in stolen property under Rule 3.850, alleging ineffective assistance of counsel for failing to advise him of an involuntary intoxication defense based on prescribed medications. The Fourth District Court
• Williams v. State
  825 So. 2d 994· Fla. 4th DCA· 2002-07-31 ·cited 26×·via Involuntary Plea
  Williams challenged his sentence for lewd assault based on an alleged scoresheet error, but because he entered a negotiated plea to the exact sentence imposed and the sentence does not exceed the statutory maximum, the court affirmed the trial court's denial of his motion to corr
• Whipple v. State
  789 So. 2d 1132· Fla. 4th DCA· 2001-06-27 ·cited 26×
  Bradley Whipple appealed the trial court's denial of his motion to withdraw his guilty plea to DUI charges and the permanent revocation of his driver's license. The appellate court reversed, holding that the trial court erroneously applied a discretionary statute rather than the
• Buckingham v. State
  771 So. 2d 1206· Fla. 2d DCA· 2000-10-18 ·cited 26×
  Trial counsel was not ineffective, but because the trial court improperly calculated appellant's scoresheet under an unconstitutional sentencing statute (chapter 95-184), the sentence must be vacated and remanded for recalculation under the 1994 guidelines or withdrawal of the pl
• Gainer v. State
  590 So. 2d 1001· Fla. 1st DCA· 1991-12-09 ·cited 26×
  The court held that a scoresheet error is harmless when the sentence is the result of a negotiated plea agreement, even if the defendant reserved the right to appeal the error.
• Corbitt v. State
  584 So. 2d 231· Fla. 5th DCA· 1991-08-22 ·cited 26×
  Corbitt appeals the summary denial of his Rule 3.850 motion for post-conviction relief, challenging his guilty plea based on alleged ineffective assistance of counsel. The court reverses and remands because the defendant raised a colorable claim that his counsel incorrectly advis
• United States v. McCANN
  940 F.2d 1352· 10th Cir.· 1991-07-26 ·cited 26×
  The court held that the defendant's guilty plea was involuntary because he was not fully advised of the consequences, specifically the mandatory minimum sentence, due to an erroneous understanding of a stipulation. The court also held that the district court erred in refusing to
• United States v. Thompson
  906 F.2d 1292· 8th Cir.· 1990-07-05 ·cited 26×·via Knowing And Voluntary Plea
  The court held that the informant's tip, corroborated by police observations, provided reasonable suspicion for the stop and probable cause for the arrest and search of the vehicle. The court also held that the district court did not err in denying the motion to withdraw the guil
• United States v. Giuseppe Pellerito
  878 F.2d 1535· 1st Cir.· 1989-06-30 ·cited 26×
  The court affirmed the district court's denial of the appellants' motions to withdraw their guilty pleas, finding no fair and just reason for withdrawal and no abuse of discretion.
• United States v. Brown
  870 F.2d 1354· 7th Cir.· 1989-03-30 ·cited 26×·via Knowing And Voluntary Plea
  A guilty plea waives non-jurisdictional claims, including denial of counsel of choice and severance, and a defendant must object to presentence report inaccuracies at sentencing or forfeit the right to challenge them on appeal.
• Worthen v. Meachum
  842 F.2d 1179· 10th Cir.· 1988-03-21 ·cited 26×
  A guilty plea is not rendered involuntary by an attorney's inaccurate prediction of parole eligibility or by an attorney's promise of unrelated legal representation, especially when the defendant affirms the plea's voluntariness in court.
• Evans v. Meyer
  742 F.2d 371· 7th Cir.· 1984-08-23 ·cited 26×
  A lawyer is not required to advise a client of every theoretically possible but practically hopeless defense, and failure to do so does not render a guilty plea involuntary or constitute ineffective assistance of counsel if prejudice cannot be shown.
• Frazier v. State
  447 So. 2d 959· Fla. 1st DCA· 1984-03-14 ·cited 26×
  George Frazier appealed the trial court's denial of his Rule 3.850 motion for postconviction relief, which challenged the voluntariness of his nolo contendere plea and claimed ineffective assistance of counsel. The court affirmed the denial on three independent grounds: the plea
• United States v. Mack
  655 F.2d 843· 8th Cir.· 1981-07-08 ·cited 26×·via Knowing And Voluntary Plea
  The court held that the issue of the constitutionality of the committed fine due to indigency was not ripe for review, and that the second guilty plea cured any defects from the original plea proceedings, thus denying specific performance of the original plea agreement.
• Ford v. Parratt
  638 F.2d 1115· 8th Cir.· 1981-01-21 ·cited 26×·via Knowing And Voluntary Plea
  The court held that ineffective assistance of counsel can only vitiate a guilty plea if there is a nexus between the alleged ineffectiveness and the plea itself.
• McALENEY v. United States
  539 F.2d 282· 1st Cir.· 1976-08-13 ·cited 26×·via Involuntary Plea
  The court held that a guilty plea induced by defense counsel's misrepresentation of a prosecutor's promise to recommend a specific sentence can be vacated, even if the prosecutor made no such promise.
• United States v. Masthers
  539 F.2d 721· D.C. Cir.· 1976-04-14 ·cited 26×·via Knowing And Voluntary Plea
  A defendant's guilty plea is void if not equally voluntary and knowing, requiring an evidentiary hearing when doubt arises about comprehension due to mental retardation.
• Lunz v. Henderson
  533 F.2d 1322· 2d Cir.· 1976-02-26 ·cited 26×
  The court held that a habeas corpus petitioner's claims of an involuntarily entered guilty plea, denial of effective assistance of counsel, and denial of the right of allocution were correctly rejected by the district court.
• United States v. Hawthorne
  532 F.2d 318· 3d Cir.· 1976-02-02 ·cited 26×
  A guilty plea forecloses consideration of pre-plea motions unless the plea itself is challenged as involuntary or the government lacked the power to prosecute. A harsher sentence imposed after a successful appeal, without affirmative reasons based on objective conduct, violates d
• United States v. Crook
  526 F.2d 708· 5th Cir.· 1976-02-02 ·cited 26×
  The court held that the district court's acceptance of the defendant's guilty plea was invalid because the required inquiries under Fed.R.Crim.P. 11 were made by the prosecutor, not the judge personally.
• Griffith v. Wyrick
  527 F.2d 109· 8th Cir.· 1975-12-08 ·cited 26×
  A guilty plea induced by a belief of a specific sentence, especially when combined with claims of coercion, is involuntary if that belief is not unreasonable and not properly addressed by the court.
• Edwards v. Warden Sam P. Garrison
  529 F.2d 1374· 4th Cir.· 1975-10-13 ·cited 26×·via Knowing And Voluntary Plea
  A prisoner's allegations of an unkept plea bargain may entitle them to an evidentiary hearing, even if they denied promises at arraignment, if they reasonably allege why their prior statements should not be conclusive.