Voluntary And Intelligent Guilty Plea

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

• 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.
• 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.
• 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.
• 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
• United States v. Sherman
  474 F.2d 303· 9th Cir.· 1973-02-01 ·cited 26×
  A guilty plea is valid even if the defendant is not explicitly advised of the right against self-incrimination, as long as the record shows the plea was knowing and voluntary.
• Molignaro v. Dutton
  373 F.2d 729· 5th Cir.· 1967-03-03 ·cited 26×
  The court held that the record did not sufficiently demonstrate that the defendant was adequately informed of his right to appointed counsel, thus the waiver of that right was not intelligent or complete.
• Smith v. Freeman
  892 F.2d 331· 3d Cir.· 1989-12-29 ·cited 24×
  The court held that the state courts failed to provide a full and fair evidentiary hearing on the defendant's mental competency at the time of his guilty plea, entitling him to a federal evidentiary hearing.
• United States v. Davis
  516 F.2d 574· 7th Cir.· 1975-05-15 ·cited 24×
  A guilty plea can be accepted under Rule 11 even if the defendant maintains innocence, provided there is a strong factual basis for the plea and the defendant understands the charge and consequences.
• United States v. Tabory
  462 F.2d 352· 4th Cir.· 1972-06-21 ·cited 24×
  The court held that the defendant's guilty plea was voluntary and intelligent, and the trial court did not abuse its discretion in denying his motion to withdraw the plea.
• Kirshberger v. United States
  392 F.2d 782· 5th Cir.· 1968-04-08 ·cited 24×
  The court held that the trial court did not abuse its discretion in denying the appellants' motion to withdraw their guilty pleas.
• Armour Bailey v. United States
  312 F.2d 679· 10th Cir.· 1963-01-24 ·cited 24×
  The court held that the district court did not err in denying the motion to vacate the judgment and sentence, as the petitioner's plea was voluntary and understanding, and sentencing procedures were substantially compliant.
• Gregory Banks v. State
  887 So. 2d 1191· Fla.· 2004-10-14 ·cited 22×
  Gregory Banks sought postconviction relief after the 1995 sentencing guidelines were invalidated, arguing he negotiated his plea based on those guidelines and should be resentenced or allowed to withdraw his plea. The Florida Supreme Court affirmed the denial of relief, holding t
• United States v. Goodheim
  651 F.2d 1294· 9th Cir.· 1981-07-27 ·cited 22×
  The court held that the Supreme Court's decision in Lewis v. United States, which allowed constitutionally infirm prior convictions to serve as predicate felonies, should not be applied retroactively in this circuit due to due process concerns regarding fair warning.
• Smedberg v. United States
  448 F.2d 401· 5th Cir.· 1971-08-24 ·cited 22×
  The court held that the defendant knowingly and understandably waived his Fifth Amendment privilege against self-incrimination by pleading guilty to a tax count, despite being warned of a potential defense.
• Hield v. State
  201 So. 2d 235· Fla. 4th DCA· 1967-07-24 ·cited 22×
  A voluntary plea of guilty entered on advice of counsel is conclusive as to the defendant's guilt, waives all non-jurisdictional defects in prior proceedings, and cannot be collaterally attacked based on previously illegally obtained confessions or other procedural defects.
• Smith v. State
  840 So. 2d 404· Fla. 4th DCA· 2003-03-19 ·cited 21×
  A defendant is entitled as a matter of right to withdraw a guilty or no-contest plea entered prior to sentencing upon showing good cause, including a misapprehension of the plea terms, where the record contains no evidence contradicting the defendant's claim of misunderstanding a
• Jones v. State
  680 So. 2d 585· Fla. 4th DCA· 1996-09-11 ·cited 21×
  A defendant cannot collaterally attack the voluntariness of his plea based on alleged misstatements by defense counsel when the trial court correctly advised him of the maximum potential sentences at the plea hearing and he acknowledged understanding them without raising any ques
• Joseph v. Butler
  838 F.2d 786· 5th Cir.· 1988-03-03 ·cited 20×
  The court held that the record satisfied the requirements for accepting a guilty plea to a multiple offender charge to the extent they were applicable, and that the defendant failed to demonstrate ineffective assistance of counsel.
• United States ex rel. Steven Grundset v. Franzen
  675 F.2d 870· 7th Cir.· 1982-04-13 ·cited 20×
  The court held that the district court erred in granting summary judgment for the petitioner, as the state record, despite the lack of a verbatim transcript, sufficiently demonstrated the voluntary and knowing waiver of constitutional rights.
• United States v. Simmons
  497 F.2d 177· 5th Cir.· 1974-07-12 ·cited 20×
  The court held that the district court did not abuse its discretion in denying the appellant's motion to withdraw his guilty plea.
• United States v. Jones
  977 F.2d 105· 4th Cir.· 1992-09-24 ·cited 19×
  The court held that federal sentencing proceedings are not appropriate forums for reviewing the constitutionality of a defendant's prior state convictions.
• Jireh Kleppinger v. State
  760 So. 2d 1045· Fla. 2d DCA· 2000-06-16 ·cited 18×
  Affirmed burglary conviction but allowed defendant to challenge plea validity under Rule 3.850 because the 1995 sentencing guidelines scoresheet used at sentencing violated Florida's single subject rule.
• United States v. Erwin Darrell Newman
  912 F.2d 1119· 9th Cir.· 1990-08-30 ·cited 18×
  The court held that the defendant bears the burden of proving the constitutional invalidity of a prior conviction used in calculating his criminal history score, and that the defendant failed to meet this burden based on the state court transcript.
• United States v. McFARLAND
  839 F.2d 1239· 7th Cir.· 1988-02-10 ·cited 18×
  The court held that the district court did not abuse its discretion in denying the defendant's motion to withdraw his guilty plea.
• Cook v. Lynaugh
  821 F.2d 1072· 5th Cir.· 1987-07-07 ·cited 18×
  The court held that ineffective assistance of counsel can constitute cause for a procedural default, and that the petitioner's counsel was constitutionally deficient for failing to investigate a prior conviction used for sentence enhancement.
• Peak v. State
  399 So. 2d 1043· Fla. 5th DCA· 1981-06-10 ·cited 18×
  Roosevelt Peak appealed his nolo contendere plea to attempted murder and burglary, contending the plea was involuntary because he was not advised of a three-year minimum mandatory sentence and that his split sentence was improper. The Florida Fifth District Court of Appeal dismis
• United States ex rel. George H. Healey, Jr. v. Cannon
  553 F.2d 1052· 7th Cir.· 1977-04-21 ·cited 18×
  The dissenting judge would reverse the majority's decision, finding no justification to invalidate the guilty plea.
• Wolf v. United States
  430 F.2d 443· 10th Cir.· 1970-08-28 ·cited 18×
  The court held that the district court did not err in denying the motion to vacate the sentence, as the record showed no bona fide doubt as to the defendant's competency at the time of his plea and sentencing.
• Kennedy v. United States
  249 F.2d 257· 5th Cir.· 1957-11-06 ·cited 18×
  A district court must hold a hearing on a motion to vacate a sentence under 28 U.S.C.A. § 2255 if the motion asserts a guilty plea was entered without the prisoner's understanding and the record does not conclusively refute this contention.
• Weitz v. State
  795 So. 2d 1021· Fla. 2d DCA· 2001-09-05 ·cited 16×
  Joseph Weitz appeals the denial of his 3.850 motion for postconviction relief, claiming his guilty plea was involuntary due to ineffective assistance of counsel. The court affirms the denial of most claims but reverses as to Weitz's allegation that counsel failed to advise him of
• Trujillo-Pentate v. State
  609 So. 2d 72· Fla. 1st DCA· 1992-11-19 ·cited 16×
  Guillermo Trujillo-Pentate appealed his nolo contendere plea and habitual felony offender sentence for drug and firearms offenses. Although the state moved to dismiss based on the no-appeal rule for nolo contendere pleas, the court found it had jurisdiction over the sentencing is
• Neyland v. Blackburn
  785 F.2d 1283· 5th Cir.· 1986-03-31 ·cited 16×
  The court held that the petitioner's guilty plea and sentence enhancement were constitutionally valid, as the record demonstrated the plea was knowing and voluntary, and the enhanced sentence was based on adequate warnings and counsel's authorized admissions.
• Hall v. Maggio
  697 F.2d 641· 5th Cir.· 1983-02-07 ·cited 16×
  The court held that the magistrate's findings that the petitioner's guilty plea was voluntary and intelligent, and that no promise of parole was made, were not clearly erroneous.
• Jones v. Louie L. Wainwright
  604 F.2d 414· 5th Cir.· 1979-10-12 ·cited 16×
  The court held that the petitioner's guilty plea was not coerced and his attorney at the probation revocation hearing provided reasonably effective assistance.
• RAY v. Rose
  535 F.2d 966· 6th Cir.· 1976-05-10 ·cited 16×
  The court held that James Earl Ray's guilty plea was entered voluntarily and knowingly, and he was not denied effective assistance of counsel despite potential conflicts of interest and alleged procedural improprieties.
• United States v. Crowley
  529 F.2d 1066· 3d Cir.· 1976-02-06 ·cited 16×
  The court held that the absence of counsel at a hearing on a motion to withdraw a guilty plea was harmless error beyond a reasonable doubt, and that the trial court did not abuse its discretion in denying the motion to withdraw the plea.
• United States ex rel. Raynard Dunn v. Casscles
  494 F.2d 397· 2d Cir.· 1974-03-25 ·cited 16×
  A guilty plea entered to avoid the risks of trial, especially when coupled with protestations of innocence, is constitutionally invalid if the sentencing judge fails to ascertain a factual basis for the plea.
• Kermit Nello Burton v. United States
  483 F.2d 1182· 9th Cir.· 1973-02-28 ·cited 16×
  The dissenting judge argues that the majority erred in reversing the district court's decision, asserting that the defendant's guilty plea was voluntary and properly accepted under Rule 11.
• Page v. United States
  462 F.2d 932· 3d Cir.· 1972-06-28 ·cited 16×
  The court held that the dismissal of the appellant's petition for correction and reduction of sentence was not an abuse of discretion, as the sentence was within statutory limits and the plea was voluntary.
• United States ex rel. Tilden Louis Condon v. Erickson
  459 F.2d 663· 8th Cir.· 1972-04-13 ·cited 16×
  The court held that the federal district court erred in refusing to consider the jurisdictional question on the ground of unexhausted state remedies, and that an evidentiary hearing is required on that issue.
• Reed v. United States
  354 F.2d 227· 5th Cir.· 1965-12-16 ·cited 16×
  The court held that the appellant was denied his right to counsel when entering his guilty plea, as no offer of counsel was made. The district court erred in dismissing the petition without a hearing.
• United States ex rel. James W. McDonald v. Commonwealth OF Pa.
  343 F.2d 447· 3d Cir.· 1965-03-29 ·cited 16×
  The court held that the lower court erred in denying the habeas corpus petition without a sufficient factual record and remanded for reconsideration.
• Love v. State
  623 So. 2d 1221· Fla. 1st DCA· 1993-09-10 ·cited 14×
  The court held that a motion for post-conviction relief, even if filed late, must be properly sworn to be considered on its merits.
• United States v. Amin Ataya
  864 F.2d 1324· 7th Cir.· 1988-12-14 ·cited 14×
  The court held that the defendant breached his plea agreement by refusing to cooperate further, and therefore the superseding indictment should not have been dismissed.
• Coleman v. State OF Ala.
  827 F.2d 1469· 11th Cir.· 1987-09-21 ·cited 14×
  The court held that the failure to inform a defendant of the potential benefits of the Alabama Youthful Offender Act before accepting a guilty plea violates federal due process, requiring the plea to be set aside.
• Ivory Ferrell v. Music
  484 So. 2d 595· Fla. 4th DCA· 1985-11-06 ·cited 14×
  A prisoner petitioned for a writ of habeas corpus to belatedly appeal the denial of his post-conviction relief motion, claiming he did not receive the trial court's order for seven months due to a mailing delay. The Florida District Court of Appeal granted the petition, finding t
• Pitts v. United States
  763 F.2d 197· 6th Cir.· 1985-05-30 ·cited 14×
  The court held that a defendant's claim of attorney misadvice regarding maximum sentence exposure, and the trial court's own misstatement of maximum sentence exposure, warrant an evidentiary hearing to determine if the guilty plea was voluntary and intelligent.
• Kennedy v. Maggio
  725 F.2d 269· 5th Cir.· 1984-02-21 ·cited 14×
  A guilty plea induced by counsel's erroneous advice that the death penalty was applicable, when it was not, renders the plea involuntary and violates the Sixth Amendment right to effective assistance of counsel.
• Moya v. W.J. Estelle, Jr.
  696 F.2d 329· 5th Cir.· 1983-01-24 ·cited 14×
  A federal court need not hold an evidentiary hearing on a habeas corpus petition if the petitioner's allegations are contradicted by the existing record, including prior sworn testimony and affidavits.
• Bedie Thundershield v. Solem
  565 F.2d 1018· 8th Cir.· 1977-11-14 ·cited 14×
  A guilty plea is constitutionally valid even if the defendant maintains their innocence, provided the plea is voluntary, intelligent, and supported by a factual basis, and counsel was effective.