Voluntary And Intelligent Guilty Plea

289 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Robinson v. State
  373 So. 2d 898· Fla.· 1979-07-26 ·cited 772×
  The Florida Supreme Court upheld a statute prohibiting direct appeals from guilty pleas, rejecting a defendant's constitutional challenge. The court held that while guilty pleas generally foreclose appellate review of pre-plea issues, defendants may appeal matters that occur cont
• Ashley v. State
  614 So. 2d 486· Fla.· 1993-02-25 ·cited 379×
  The Florida Supreme Court held that a defendant must receive written notice of intent to seek habitual offender enhancement prior to acceptance of a guilty or nolo contendere plea, and the trial court must confirm the defendant understands the possibility and consequences of habi
• Amendments to the Florida Rules of Appellate Procedure
  685 So. 2d 773· Fla.· 1996-11-22 ·cited 284×
  The Florida Supreme Court approved amendments to the Florida Rules of Appellate Procedure in response to the legislature's Criminal Appeal Reform Act of 1996. The Court reconciled the procedural rules with statutory provisions regarding appeal preservation, sentencing errors, and
• Busby v. Holman
  356 F.2d 75· 5th Cir.· 1966-01-31 ·cited 195×
  The court did not issue a holding as this is a dissenting opinion.
• Koenig v. State
  597 So. 2d 256· Fla.· 1992-02-27 ·cited 155×
  Kenneth Koenig appeals his death sentence and convictions for first-degree murder, armed burglary, and armed robbery following his no-contest plea. The Florida Supreme Court vacates all convictions and sentences and remands for a new plea hearing because the trial court failed to
• United States v. Frontero
  452 F.2d 406· 5th Cir.· 1971-11-30 ·cited 116×
  The court affirmed convictions for Frontero and Lagaña, but vacated Kelly's conviction due to a Rule 11 violation regarding informing him of the maximum sentence and remanded for Kelly to plead anew.
• United States v. Woodall
  438 F.2d 1317· 5th Cir.· 1970-05-18 ·cited 116×
  The dissenting judge would reverse the lower court's decision.
• United States v. Ignasio Maldenaldo Sanchez
  269 F.3d 1250· 11th Cir.· 2001-10-17 ·cited 114×
  The court affirmed the convictions and sentences of the Sanchezes. The concurring judges argued that no Apprendi error occurred because the sentences did not exceed the statutory maximum under 21 U.S.C. § 841(b)(1)(C). They also contended that the "Rogers error" did not apply bec
• State v. T.G.
  800 So. 2d 204· Fla.· 2001-10-25 ·cited 105×
  The Florida Supreme Court held that while the Robinson rule generally requires juveniles to file a motion to withdraw a plea before appealing its voluntariness, a narrow exception applies when a trial court fails to comply with Rule of Juvenile Procedure 8.165's requirements for
• Mason v. Balcom
  531 F.2d 717· 5th Cir.· 1976-05-13 ·cited 71×
  The court affirmed the district court's judgment, finding that the petitioner's representation was perfunctory and thus ineffective.
• Smith v. United States
  324 F.2d 436· D.C. Cir.· 1963-10-10 ·cited 68×
  Leave to withdraw a guilty plea was properly denied because the defendant was not prejudiced by any mistaken belief about parole eligibility.
• Cooper v. Holman
  356 F.2d 82· 5th Cir.· 1966-01-31 ·cited 66×
  The court held that the record was inadequate to show that the defendant's guilty plea was voluntary, given the illegal confession and plea bargain.
• United States v. Journet
  544 F.2d 633· 2d Cir.· 1976-11-01 ·cited 64×
  A guilty plea must be vacated if the district judge fails to explicitly inform the defendant of every element enumerated in Rule 11, F.R.Cr.P.
• United States v. Duvalier Antonio Davis
  900 F.2d 1524· 10th Cir.· 1990-04-16 ·cited 62×
  The court held that a trial court's refusal to approve a Rule 11(a)(2) plea, based on a stated reason, is subject to appellate review.
• Castro v. United States
  396 F.2d 345· 9th Cir.· 1968-05-28 ·cited 62×
  The court held that the district court erred in denying a hearing on Castro's § 2255 application without considering the allegations of counsel's misadvice regarding the consequences of a guilty plea.
• Kress v. United States
  411 F.2d 16· 8th Cir.· 1969-05-29 ·cited 60×
  A guilty plea is valid if voluntarily and intelligently made, with understanding of the charges and consequences, and a factual basis, even if the defendant later expresses dissatisfaction with jail conditions or claims ineffective counsel.
• Hicks v. State
  915 So. 2d 740· Fla. 5th DCA· 2005-12-09 ·cited 59×
  Mario Jerome Hicks appealed his no contest pleas to three felonies, claiming the trial court erred by failing to hold a competency hearing before accepting his plea. The appellate court dismissed the appeal for lack of jurisdiction because Hicks failed to file a timely motion to
• Roddy v. Black
  516 F.2d 1380· 6th Cir.· 1975-05-27 ·cited 56×
  A state court's acceptance of a guilty plea is not constitutionally invalid for failing to establish a factual basis for the plea, nor for failing to explicitly advise the defendant of the maximum sentence, if the plea was otherwise voluntary and intelligent.
• State v. Adams
  342 So. 2d 818· Fla.· 1977-02-10 ·cited 55×
  A trial judge is not bound by a prosecutor's sentencing recommendation made during plea bargaining, even if the defendant is unaware the judge can reject it.
• United States v. Florencio Sepe
  474 F.2d 784· 5th Cir.· 1973-01-04 ·cited 54×
• Watts v. United States
  278 F.2d 247· D.C. Cir.· 1960-03-31 ·cited 53×
  A guilty plea induced by confronting the defendant with a confederate's inadmissible confession is not rendered involuntary or subject to collateral attack under 28 U.S.C. § 2255 if the plea itself was entered competently and intelligently.
• Skidmore v. State
  688 So. 2d 1014· Fla. 3d DCA· 1997-03-05 ·cited 51×
  Daniel Skidmore appealed the summary denial of his Rule 3.850 motion challenging his 30-year sentence imposed after a nolo contendere plea. The court affirmed, holding that because the plea was part of a valid negotiated plea bargain, the sentence was not illegal even though the
• McCHESNEY v. Henderson
  482 F.2d 1101· 5th Cir.· 1973-07-26 ·cited 51×
  A state court guilty plea is valid if intelligently and voluntarily made, even without express articulation of all constitutional rights, and post-conviction evidence can cure a silent trial record.
• United States v. Darrel Dwayne Youpee
  419 F.2d 1340· 9th Cir.· 1969-12-17 ·cited 50×
  The court held that the district court did not abuse its discretion in denying the motion to withdraw the guilty plea, nor did it err in its compliance with Rule 11 or in denying separate counsel.
• Trowell v. State
  706 So. 2d 332· Fla. 1st DCA· 1998-01-20 ·cited 48×
  Ronald Trowell appeals the denial of his motion for post-conviction relief and belated appeal following his guilty plea to armed burglary and first-degree murder. The court holds that a defendant is entitled to a belated appeal based solely on whether he timely requested an appea
• Downs-Morgan v. United States
  765 F.2d 1534· 11th Cir.· 1985-07-23 ·cited 47×
  The court agrees that the defendant should have an evidentiary hearing to determine if his guilty plea resulted from ineffective assistance of counsel.
• Winters v. Cook
  489 F.2d 174· 5th Cir.· 1973-11-28 ·cited 47×
• McCOY v. United States
  363 F.2d 306· D.C. Cir.· 1966-06-09 ·cited 44×
  The court held that a judge must consider all evidence to determine if there is a factual basis for a guilty plea, not just an admission of guilt.
• State v. Perry
  786 So. 2d 554· Fla.· 2001-04-19 ·cited 42×
  The Florida Supreme Court addresses whether a writ of error coram nobis is available to challenge the voluntariness and intelligence of a guilty plea based on facts that were unknown or unknowable at the time of sentencing. The Court holds that coram nobis relief is available for
• Albino Perriello v. State
  684 So. 2d 258· Fla. 4th DCA· 1996-12-04 ·cited 42×
  A written plea agreement warning of deportation consequences does not substitute for the trial judge's mandatory oral admonition in court.
• United States v. Molina-Uribe
  853 F.2d 1193· 5th Cir.· 1988-08-24 ·cited 42×
  The court held that the supervised release term imposed for Count One was illegal and must be vacated, but the conviction on Count One is affirmed. The court also held that the plea on Count Two must be set aside due to the trial court's failure to properly advise the defendant o
• United States ex rel. Albert B. Crosby v. Brierley
  404 F.2d 790· 3d Cir.· 1968-12-09 ·cited 38×
  A guilty plea to murder is invalid if not voluntarily and intelligently made with full understanding of the consequences, especially when the defendant's testimony injects a claim of self-defense, which is a factual issue for a jury.
• Dorrough v. United States
  385 F.2d 887· 5th Cir.· 1967-09-15 ·cited 38×
  A guilty plea is invalid if the defendant is not fully informed of all lesser included offenses and their potential penalties, even if the defendant admits to conduct constituting the greater offense.
• Johnston v. United States
  254 F.2d 239· 8th Cir.· 1958-04-24 ·cited 35×
  The court held that the defendant's guilty plea was voluntary and intelligent, and his claims of ineffective assistance of counsel and lack of evidence were without merit.
• United States v. Weber
  429 F.2d 148· 9th Cir.· 1970-07-09 ·cited 34×
  A voluntary and intelligent guilty plea, entered with awareness of the law at the time, waives the Fifth Amendment defense to the tax charge, even if later judicial decisions suggest the plea was based on a faulty premise.
• 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×
  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
• United States v. Langford Wiggins
  905 F.2d 51· 4th Cir.· 1990-05-29 ·cited 32×
  A defendant who expressly waives the right to appeal his sentence in a valid plea agreement cannot subsequently appeal that sentence.
• Stinson v. Turner
  473 F.2d 913· 10th Cir.· 1973-02-27 ·cited 32×
  The court held that the record affirmatively showed the guilty plea was intelligent and voluntary, satisfying due process requirements.
• 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.
• 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.
• Coleman v. The Honorable Arthur L. Burnett
  477 F.2d 1187· D.C. Cir.· 1973-03-14 ·cited 31×
  The court should have allowed broader cross-examination at the preliminary hearing to probe probable cause.
• HEN LIN LU v. State
  683 So. 2d 1110· Fla. 4th DCA· 1996-11-27 ·cited 30×
  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×
  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
• 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.
• 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. 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.
• J.R.V. v. State
  715 So. 2d 1135· Fla. 5th DCA· 1998-08-21 ·cited 29×
  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
• 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.