Voluntary And Intelligent Guilty Plea

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

• Akridge v. Hopper
  545 F.2d 457· 5th Cir.· 1977-01-13 ·cited 14×
  A guilty plea entered with the advice of counsel, which advice was within the range of competency demanded of attorneys in criminal cases, is not subject to federal habeas corpus intervention.
• Thunder v. United States
  477 F.2d 1326· 8th Cir.· 1973-05-21 ·cited 14×
  The court held that the trial judge substantially complied with Rule 11 of the Federal Rules of Criminal Procedure, and thus the appellant's motion to vacate his sentence was properly denied.
• Smith v. Lamont Smith
  433 F.2d 582· 5th Cir.· 1970-10-30 ·cited 14×
  A valid guilty plea waives all non-jurisdictional defects in prior proceedings, including claims of ineffective assistance of counsel or lack of counsel at pre-trial identification procedures.
• Renard Nealie Williams v. State
  134 So. 3d 975· Fla. 1st DCA· 2012-04-04 ·cited 13×
  Renard Williams appealed his no-contest plea to robbery, challenging the trial court's order finding him competent to stand trial. The appellate court affirmed, holding that an order finding a defendant competent is not a dispositive issue that can be reserved for appeal, and Wil
• United States v. FOX
  941 F.2d 480· 7th Cir.· 1991-08-15 ·cited 13×
  The court held that the district court's failure to explicitly inform the defendant of the possibility of restitution was harmless error, and that his sentence did not violate the Double Jeopardy Clause.
• United States v. French
  719 F.2d 387· 11th Cir.· 1983-11-10 ·cited 13×
  The court held that a defendant's ignorance of a specific plea bargaining rule not applicable to his case does not render his guilty plea involuntary or constitute ineffective assistance of counsel.
• Teller v. United States
  263 F.2d 871· 6th Cir.· 1959-02-27 ·cited 13×
  The court held that the district court erred in not granting the appellant a hearing on his motion to vacate his sentence.
• Pedro v. United States
  79 F.3d 1065· 11th Cir.· 1996-04-09 ·cited 12×
  The court should reverse the grant of summary judgment in favor of the government and remand for factual determination of whether a prosecutorial promise of non-deportation was made as part of the plea agreement. If such a promise was made and relied upon, its breach constitutes
• Torrey v. Estelle
  842 F.2d 234· 9th Cir.· 1988-03-23 ·cited 12×
  The court held that a prisoner's resentencing to state prison after being committed to the Youth Authority was a collateral consequence, not a direct one, and thus the trial court was not required to advise him of this possibility at the time of his guilty plea.
• United States v. Mathews
  833 F.2d 161· 9th Cir.· 1987-11-27 ·cited 12×
  A guilty plea conclusively admits the factual allegations in the indictment, including those establishing federal subject matter jurisdiction, and cannot be collaterally attacked on factual grounds if voluntary and intelligent.
• Stinyard v. State
  476 So. 2d 277· Fla. 2d DCA· 1985-10-04 ·cited 12×
  The court reversed the summary denial of a post-conviction relief motion because the trial court failed to attach record portions supporting its ground for denial, requiring either proper summary denial with attached record excerpts or an evidentiary hearing on appeal.
• Brown v. E.P. Perini
  718 F.2d 784· 6th Cir.· 1983-10-05 ·cited 12×
  A guilty plea is not invalidated by misinformation regarding parole eligibility, as parole is considered a collateral, not direct, consequence of the plea.
• Hawk v. Solem
  693 F.2d 825· 8th Cir.· 1982-12-03 ·cited 12×
  A guilty plea is not subject to collateral attack based on a coerced confession unless counsel was ineffective, and there is no constitutional right to a jury determination of competency to stand trial or plead guilty.
• United States v. Edwards
  568 F.2d 68· 8th Cir.· 1977-12-19 ·cited 12×
  A prior conviction, even if constitutionally infirm, can support a federal falsification prosecution under the Gun Control Act, as the offense lies in the false statement, not the status of being a felon.
• Lopez v. United States
  439 F.2d 997· 9th Cir.· 1971-03-08 ·cited 12×
  The court held that the district judge's dismissal of the petition was appropriate and should be affirmed.
• Oran Young v. United States
  433 F.2d 626· 10th Cir.· 1970-10-07 ·cited 12×
  The court held that the petitioner's guilty plea was entered voluntarily and intelligently, despite the sentencing judge not fully advising him of the maximum penalties, because other circumstances indicated his full understanding.
• Mejia v. United States
  430 F.2d 1273· 5th Cir.· 1970-09-02 ·cited 12×
  The court held that the petitioner's grounds for vacating his judgment and sentence were without merit, affirming the district court's denial of his motion.
• United States v. Tucker
  425 F.2d 624· 4th Cir.· 1970-05-12 ·cited 12×
  The court held that the district court failed to comply with Rule 11 of the Federal Rules of Criminal Procedure when accepting the defendant's guilty plea, as it did not personally address the defendant to ascertain his understanding of the charge or ensure a factual basis for th
• James v. United States
  388 F.2d 453· 5th Cir.· 1968-01-24 ·cited 12×
  The court held that a sentence imposed under the Federal Youth Corrections Act is invalid if the defendant was not informed of the maximum possible sentence under that Act before pleading guilty, even if other concurrent sentences exist.
• United States v. Roland
  318 F.2d 406· 4th Cir.· 1963-06-03 ·cited 12×
  A defendant seeking to withdraw a guilty plea after sentencing must demonstrate manifest injustice, and claims of mental distress or coercion by a spouse, which were considered at sentencing, do not meet this standard.
• United States v. Butcher
  926 F.2d 811· 9th Cir.· 1991-02-06 ·cited 11×
  The court affirmed the conviction, holding that the arrest was lawful, the admission of evidence of narcotics and other firearms was proper, the jury instructions were adequate, surrebuttal testimony was cumulative, and the sentence enhancement based on prior convictions was vali
• Bailey Lee Sloan v. Louie L. Wainwright
  469 F.2d 390· 5th Cir.· 1972-11-15 ·cited 11×
  The court held that the petitioner's allegations, if true, entitle him to relief and an evidentiary hearing on his claims of coerced confession and ineffective assistance of counsel.
• Criser v. United States
  319 F.2d 849· 10th Cir.· 1963-07-15 ·cited 11×
  The court held that a defendant's guilty plea, voluntarily and intelligently entered, cannot be withdrawn based on counsel's alleged assurances that the federal sentence would run concurrently with a state sentence.
• United States v. Austin
  948 F.2d 783· 1st Cir.· 1991-10-08 ·cited 10×
  The court held that a defendant's perjury during a plea withdrawal hearing mandates a two-level enhancement for obstruction of justice under the Sentencing Guidelines, and that a district court has no discretion to deny this enhancement.
• Taylor v. Whitley
  933 F.2d 325· 5th Cir.· 1991-06-13 ·cited 10×
  A voluntary and intelligent guilty plea waives the right to collaterally attack convictions on double jeopardy grounds, unless the violation is apparent on the face of the indictment or record.
• Sparks v. Sowders
  852 F.2d 882· 6th Cir.· 1988-08-04 ·cited 10×
  The court held that a petitioner is entitled to an evidentiary hearing on an ineffective assistance of counsel claim when alleging gross misadvice concerning parole eligibility that affected his guilty plea.
• Johnson v. United States
  650 F.2d 1· 1st Cir.· 1981-05-28 ·cited 10×
  A guilty plea is not rendered unintelligent by later application of revised parole guidelines, especially when the defendant's own actions, such as becoming a fugitive, render initial parole calculations irrelevant.
• United States v. Jackson
  563 F.2d 1145· 4th Cir.· 1977-10-18 ·cited 10×
  A district court's refusal to consider a plea agreement's sentence recommendation does not vitiate a guilty plea entered knowingly and voluntarily.
• Armstrong v. Egeler
  563 F.2d 796· 6th Cir.· 1977-10-10 ·cited 10×
  A criminal defendant's guilty plea is constitutionally invalid if made without understanding that he will be ineligible for parole, as this constitutes a failure to understand the consequences of the plea.
• Stubblefield v. Beto
  399 F.2d 424· 5th Cir.· 1968-07-24 ·cited 10×
  The court held that the appellant intelligently and competently waived his right to counsel when pleading guilty to a misdemeanor charge.
• Martin v. United States
  364 F.2d 894· C.C.P.A.· 1966-08-12 ·cited 10×
  The court held that a defendant's voluntary guilty plea waives claims about the minor nature of his role in the offense, and sentence disparity with a co-defendant is not an abuse of discretion if within legal limits.
• Kagen v. United States
  360 F.2d 30· 10th Cir.· 1966-04-19 ·cited 10×
  The court held that a prisoner not yet in custody for a federal sentence cannot use 28 U.S.C. § 2255 to attack that sentence, but may pursue relief via writ of error coram nobis if justice compels.
• COX v. State of Florida/Appellee
  805 So. 2d 1042· Fla. 4th DCA· 2002-01-09 ·cited 8×
  Tyrone Rafael Cox appeals the summary denial of his rule 3.850 motion for postconviction relief challenging the voluntariness of his plea. The Fourth District Court of Appeal reverses, holding that the motion is timely because defendants have two years from the Heggs decision to
• United States v. Tilley
  964 F.2d 66· 1st Cir.· 1992-05-15 ·cited 8×
  The court held that the district court did not err in denying the motion to withdraw the guilty plea, nor did it abuse its discretion in departing upward from the sentencing guidelines.
• Stewart v. Peters
  958 F.2d 1379· 7th Cir.· 1992-02-27 ·cited 8×
  A guilty plea is voluntary and intelligent if the defendant understands the rights they are waiving and the consequences of the plea, even if the record lacks explicit admissions or detailed explanations of statutory elements.
• United States v. Parra-Ibanez
  936 F.2d 588· 1st Cir.· 1991-06-19 ·cited 8×
  The court held that the district court's Rule 11 colloquy was insufficient for failing to inquire further into the effects of the defendant's medications on his ability to enter a knowing and voluntary plea.
• Tamayo-Reyes v. J.C. Keeney
  926 F.2d 1492· 9th Cir.· 1991-03-04 ·cited 8×
  The court held that the district court erred in denying an evidentiary hearing on the claim that the defendant's nolo contendere plea was unconstitutional due to inadequate translation of the mens rea element of manslaughter, as the material facts were not adequately developed in
• United States v. Washington
  886 F.2d 154· 8th Cir.· 1989-09-19 ·cited 8×
  The court held that the defendant failed to establish a prima facie case of jury discrimination and that his prior conviction was validly entered, thus affirming his conviction and sentence.
• Miller v. Colin C.J. Angliker, M.D.
  848 F.2d 1312· 2d Cir.· 1988-05-20 ·cited 8×
  The court held that the State's suppression of material exculpatory evidence concerning Robert Lupinacci violated Miller's due process rights under Brady v. Maryland, requiring that the writ of habeas corpus be granted.
• United States ex rel. William J. Miller v. Kenneth McGINNIS & Attorney Gen. of the State of Ill.
  774 F.2d 819· 7th Cir.· 1985-10-04 ·cited 8×
  The court held that the trial court's failure to inform the defendant of the mandatory supervised release term violated his due process rights, but also found that the totality of errors, including failure to inform of other rights and the defendant's age and confusion, rendered
• Runyon v. State
  460 So. 2d 494· Fla. 1st DCA· 1984-12-10 ·cited 8×
  The court held that the trial court properly denied the appellant's motion for post-conviction relief because the record refuted his claims of a coerced plea and ineffective assistance of counsel.
• VIA v. Superintendent, Powhatan Corr. Ctr.
  643 F.2d 167· 4th Cir.· 1981-02-26 ·cited 8×
  A guilty plea is involuntary and unintelligent if counsel's ineffective assistance, stemming from lack of preparation, induced the plea.
• Fick v. State
  388 So. 2d 1352· Fla. 5th DCA· 1980-10-15 ·cited 8×
  The court affirmed the conviction and sentence, holding that a trial court lacks jurisdiction to consider a motion to withdraw a guilty plea after an appeal has been commenced.
• United States v. Nooner
  565 F.2d 633· 10th Cir.· 1977-06-13 ·cited 8×
  A voluntary guilty plea waives the right to appeal non-jurisdictional issues, including the denial of a motion to suppress evidence.
• Parker v. Ross
  470 F.2d 1092· 4th Cir.· 1972-12-20 ·cited 8×
  A voluntary and intelligent guilty plea, entered with the advice of counsel, waives the right to challenge the composition of the grand jury that indicted the defendant.
• Redus v. Swenson
  468 F.2d 606· 8th Cir.· 1972-10-04 ·cited 8×
  A guilty plea is valid if entered understandingly and voluntarily with competent counsel, even if influenced by a prior coerced confession.
• United States v. Ready
  460 F.2d 1238· 4th Cir.· 1972-05-15 ·cited 8×
  A defendant's guilty plea is valid even if the court does not explicitly inform them of the right to confront accusers, as this right is implicitly waived by pleading guilty.
• Oaks v. Louie L. Wainwright
  445 F.2d 1062· 5th Cir.· 1971-06-25 ·cited 8×
  A guilty plea is valid even if equivocal, provided it is knowingly and voluntarily entered and supported by independent corroborating evidence of guilt.
• Arbuckle v. Turner
  440 F.2d 586· 10th Cir.· 1971-04-08 ·cited 8×
  The court held that the appellant's guilty plea was valid, as it was entered voluntarily and intelligently, and the trial court's findings were supported by the record.
• Jackson v. COX
  435 F.2d 1089· 4th Cir.· 1970-12-30 ·cited 8×
  A guilty plea is voluntary and intelligent if counsel's advice was within the range of competence demanded of attorneys in criminal cases, even if the defendant pleaded guilty due to a prior coerced confession.