Voluntary And Intelligent Guilty Plea

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

• Jarrett v. United States
  423 F.2d 966· 8th Cir.· 1970-03-16 ·cited 8×
  The court held that the district court did not err in ruling that the petitioner's confession was voluntary and that his guilty plea was entered knowingly and intelligently, thus denying his motion for post-conviction relief.
• Diamond v. United States
  422 F.2d 1313· 9th Cir.· 1970-02-18 ·cited 8×
  The court held that the district court properly denied the petitioner's motion for relief under 28 U.S.C. § 2255, as the record demonstrated a voluntary and intelligent guilty plea.
• United States ex rel. Charles Kenny v. Hon. Harold W. Follette
  410 F.2d 1276· 2d Cir.· 1969-03-25 ·cited 8×
  The court held that the petitioner deliberately abandoned his right to challenge the validity of his prior conviction by failing to utilize available state procedures, despite being informed of his right to do so.
• Roeth v. United States
  382 F.2d 96· 10th Cir.· 1967-08-24 ·cited 8×
  A voluntary and unqualified guilty plea waives all non-jurisdictional defects, precluding appeal of prior rulings.
• Ching v. United States
  338 F.2d 333· 10th Cir.· 1964-11-05 ·cited 8×
  The court held that the appellant's motion to withdraw guilty pleas was properly denied because the consent forms conclusively showed receipt of the Informations and the pleas were intelligently made with counsel.
• Arnold v. United States
  271 F.2d 440· 4th Cir.· 1959-10-17 ·cited 8×
  The court held that the defendant's waiver of counsel was not intelligent or voluntary due to the inadequate inquiry by the clerk and the defendant's mental condition.
• United States ex rel. Turpin v. Warden of Green Haven Prison of State of N.Y.
  190 F.2d 252· 2d Cir.· 1951-07-03 ·cited 8×
  The court held that the relator was not entitled to habeas corpus relief because he failed to establish that an ingredient of unfairness actively operated in his Wisconsin conviction due to want of counsel.
• Dannie Stanford Holden, Jr. v. State
  90 So. 3d 902· Fla. 1st DCA· 2012-06-14 ·cited 7×
  In this Anders appeal, Appellant Holden challenged the trial court's denial of his motion to suppress his confession and the admission of child victim hearsay statements after pleading nolo contendere to attempted sexual battery and resisting an officer. The First District affirm
• Campbell v. R.C. Marshall
  769 F.2d 314· 6th Cir.· 1985-07-23 ·cited 7×
  A guilty plea, voluntarily and intelligently made with competent counsel, is not rendered involuntary by the prosecution's prior failure to disclose potentially exculpatory evidence, even if that failure would have violated Brady v. Maryland at trial.
• Cannon v. State
  92 So. 3d 292· Fla. 1st DCA· 2012-07-16 ·cited 6×
  Bobby Cannon appealed the summary denial of his motion for postconviction relief under Florida Rule of Criminal Procedure 3.850, claiming he was entitled to withdraw his plea agreement because the trial court never formally accepted it. The First District Court of Appeal affirmed
• Ridel v. State
  990 So. 2d 581· Fla. 3d DCA· 2008-08-06 ·cited 6×
  Emmanuel Ridel appealed the denial of his post-conviction motion to withdraw his guilty plea, claiming his counsel was ineffective for failing to investigate 27 of 30 charges against him. The court affirmed the denial, finding counsel's decision to focus investigation on the thre
• Jauregui v. State
  652 So. 2d 898· Fla. 3d DCA· 1995-03-22 ·cited 6×
  Appellant challenges his sentence and claims ineffective assistance of counsel following his guilty plea to second-degree murder and armed robbery. The court affirmed the trial court's denial of his petition for writ of certiorari, holding that his sentence was legal, within the
• United States v. Hoffman
  982 F.2d 187· 6th Cir.· 1992-12-22 ·cited 6×
  The court held that the enhancement for obstruction of justice was proper, but the author disagrees with the majority's conclusion that the district court had discretion to consider a collateral attack on prior convictions.
• Panuccio v. Kelly
  927 F.2d 106· 2d Cir.· 1991-03-06 ·cited 6×
  The court held that a defendant's Sixth Amendment right to effective assistance of counsel was not violated when counsel advised a guilty plea without fully disclosing a potential intoxication defense, if that defense had little chance of success and the potential sentence reduct
• United States v. Polk
  908 F.2d 212· 7th Cir.· 1990-07-26 ·cited 6×
  The court held that the defendant's 1971 guilty pleas were constitutionally valid for sentence enhancement purposes, despite the absence of a full transcript, because the record indicated he was advised of his rights and represented by counsel, and Illinois law presumes regularit
• Horace v. Louie L. Wainwright
  781 F.2d 1558· 11th Cir.· 1986-02-14 ·cited 6×
• Ames v. NEW York State Div. OF Parole
  772 F.2d 13· 2d Cir.· 1985-09-17 ·cited 6×
  A defendant's guilty plea is not rendered involuntary by failure to inform them of an affirmative defense, especially when the burden of persuasion for that defense rests on the defendant.
• Willbright v. Smith
  745 F.2d 779· 2d Cir.· 1984-10-04 ·cited 6×
  The court held that a state trial judge's failure to explicitly inquire into the factual basis of a guilty plea does not violate due process if the totality of the circumstances demonstrates the plea was intelligent and voluntary.
• Russell v. State OF Mo.
  511 F.2d 861· 8th Cir.· 1975-03-07 ·cited 6×
  A guilty plea breaks the chain of prior constitutional deprivations, and a claim of counsel denial at arrest is insufficient to challenge a subsequent voluntary guilty plea unless it shows the plea itself was involuntary due to ineffective counsel.
• United States ex rel. Lonnie Davis v. Johnson
  495 F.2d 335· 3d Cir.· 1974-03-20 ·cited 6×
  The court held that the defendant was not denied effective assistance of counsel when entering his guilty plea, and therefore the plea was voluntary.
• Jones v. Cupp
  452 F.2d 1091· 9th Cir.· 1971-12-29 ·cited 6×
  The court held that a guilty plea is valid even if induced by a prior coerced confession, provided the plea itself was voluntary and intelligently entered with competent counsel. It also held that the prospective application of a reduced criminal penalty does not violate equal pr
• Schofield v. United States
  441 F.2d 1219· 7th Cir.· 1971-03-10 ·cited 6×
  A guilty plea is not rendered involuntary or unintelligent by a misapprehension of the maximum possible sentence if the actual sentence imposed is not greater than the correct maximum and the plea was otherwise voluntary and intelligent.
• Benn v. Eyman
  436 F.2d 1074· 9th Cir.· 1971-01-19 ·cited 6×
• United States ex rel. Ralph Madison H-5666 v. Rundle
  422 F.2d 49· 3d Cir.· 1970-02-27 ·cited 6×
  The court held that the relator's guilty plea was voluntary and that he was not denied his constitutional rights regarding the death penalty or the right to appeal.
• Streator v. United States
  367 F.2d 384· 5th Cir.· 1966-10-25 ·cited 6×
  A hearing is not mandatory on a motion to vacate a sentence if the motion, files, and records conclusively show the claim is without merit.
• R.C. v. State
  157 So. 3d 458· Fla. 4th DCA· 2015-02-11 ·cited 5×
  Juvenile's appeal of delinquency adjudication is affirmed because he failed to preserve a competency issue by moving to withdraw his plea before appeal.
• Blas Garcia-Manriquez v. State
  146 So. 3d 134· Fla. 3d DCA· 2014-09-03 ·cited 5×
  The appellate court lacks jurisdiction to consider a claim regarding the voluntary and intelligent nature of a guilty plea if the defendant did not first file a motion to withdraw the plea in the trial court.
• Merrill E. Fields v. Attorney Gen. OF the State OF Md.
  956 F.2d 1290· 4th Cir.· 1992-02-26 ·cited 5×
  A voluntary and intelligent guilty plea generally bars collateral review of antecedent constitutional claims, and the defendant failed to demonstrate prejudice or an actual conflict of interest for his ineffective assistance of counsel claim.
• Damanta Jamar Murphy v. State
  149 So. 3d 1163· Fla. 1st DCA· 2014-10-23 ·cited 4×
  Damanta Murphy appeals his conviction and sentence following a no contest plea to felony charges, challenging the denial of his motion to suppress statements to police. The court affirms the conviction but expresses concern that the trial court's erroneous assurances that Murphy
• Stokes v. State
  938 So. 2d 644· Fla. 2d DCA· 2006-10-11 ·cited 4×
  The trial court abused its discretion by denying the motion to withdraw the no contest plea because the record did not affirmatively show the plea was voluntary and intelligent.
• Aguilar v. State
  756 So. 2d 257· Fla. 3d DCA· 2000-05-03 ·cited 4×
  A defendant appeals the denial of his Rule 3.850 postconviction motion, claiming he was misadvised by defense counsel regarding gaintime eligibility. The court holds that the claim, though raised in an amended motion outside the two-year limitations period, qualifies as a timely
• Griffin v. State
  760 So. 2d 205· Fla. 2d DCA· 2000-04-14 ·cited 4×
  The Florida Second District Court of Appeal held that trial courts lack authority to deny appointment of appellate counsel to indigent defendants by finding their appeals frivolous; only appellate courts can determine whether an appeal presents viable issues warranting counsel ap
• D.L. v. State
  719 So. 2d 931· Fla. 5th DCA· 1998-09-11 ·cited 4×
  The court held that the trial court erred in denying the motion to withdraw the guilty plea because there was doubt as to the juvenile's understanding of the charges and waiver of counsel.
• United States v. Gyan Parkash Syal
  963 F.2d 900· 6th Cir.· 1992-05-11 ·cited 4×
  The court held that the district court's failure to inform the defendant of the elements of the offense and the consequences of supervised release during the plea colloquy constituted a violation of Rule 11 that was not harmless error.
• United States v. Colston
  936 F.2d 312· 7th Cir.· 1991-07-03 ·cited 4×
  The court held that inconsistencies in a witness's testimony do not automatically render it incredible, and a jury may accept parts of the testimony while rejecting others. The court also held that a guilty plea is valid for sentence enhancement if it is shown to be intelligent a
• Lopez-Nieves v. United States
  917 F.2d 645· 1st Cir.· 1990-10-29 ·cited 4×
  The court held that the appellant's claims of ineffective assistance of counsel and an invalid guilty plea lacked merit, and the district court properly denied his motion to vacate his sentence.
• Hale v. A.L. Lockhart
  903 F.2d 545· 8th Cir.· 1990-05-10 ·cited 4×
  The court held that neither the delay in processing the habeas petition nor the alleged ineffective assistance of counsel or involuntary guilty plea warranted relief.
• Dung Thai Tran v. A.L. Lockhart
  849 F.2d 1064· 8th Cir.· 1988-06-13 ·cited 4×
  The dissenting judge would vacate the judgment dismissing the writ and remand for an evidentiary hearing.
• Catarino Gonzales, Jr. v. Grammer
  848 F.2d 894· 8th Cir.· 1988-06-07 ·cited 4×
  The court held that the prior guilty pleas were not entered in accord with due process, as the defendant was not sufficiently informed of his constitutional rights to make an intelligent choice.
• Abelino Rodriguez v. Ricketts
  777 F.2d 527· 9th Cir.· 1985-12-02 ·cited 4×
  The court held that the Due Process Clause does not require state courts to establish a factual basis for a guilty plea absent special circumstances, and that no conflict of interest affected the adequacy of appellate representation.
• Blaine Everett v. State
  442 So. 2d 407· Fla. 2d DCA· 1983-12-16 ·cited 4×
  Blaine Everett appeals from his conviction based on nolo contendere pleas and the sentences imposed. The court affirms, finding that while the sentences may have exceeded the plea agreement cap, Everett failed to raise objections in the trial court, precluding appellate review of
• Bronson Howard Knight v. Johnson
  699 F.2d 162· 4th Cir.· 1983-01-20 ·cited 4×
  The court held that the state trial court's procedure of accepting guilty pleas under protest and then proceeding to hear evidence to determine guilt did not violate due process or the right to effective assistance of counsel.
• Thompson v. Scurr
  668 F.2d 999· 8th Cir.· 1982-01-25 ·cited 4×
  The court affirmed the denial of the habeas corpus petition, finding no constitutional violations and that counsel was not ineffective.
• United States v. Rosario
  638 F.2d 460· 2d Cir.· 1980-11-03 ·cited 4×
  The court held that the arrest was constitutional, the search of the apartment was consensual, and the guilty plea was knowing and voluntary.
• United States v. Jackson
  627 F.2d 883· 8th Cir.· 1980-08-22 ·cited 4×
  The court held that the trial court's failure to explicitly inform the defendant that it could not order concurrent state and federal sentences, and its variations from a verbatim recitation of Rule 11 rights, did not invalidate the guilty plea as the defendant was otherwise adeq
• Forrest Cummings Green v. Turner
  443 F.2d 832· 10th Cir.· 1971-06-07 ·cited 4×
  The court held that the rule established in Boykin v. Alabama should not be applied retroactively to arraignments that occurred prior to its decision.
• Davis v. State
  187 So. 3d 1284· Fla. 1st DCA· 2016-04-12 ·cited 3×
• Kathgret R. Rentz v. State
  285 So. 3d 1009· Fla. 1st DCA· 2019-12-05 ·cited 2×
  Kathgret Rentz, a school guidance counselor, was charged with lewd and lascivious conduct involving an 11-year-old student. She pleaded no contest believing she could appeal the trial court's ruling that her motion to suppress was dispositive, but the State later refused to stipu
• Perez v. State
  934 So. 2d 495· Fla. 3d DCA· 2005-03-30 ·cited 2×
  The court held that the trial court's warning about potential deportation consequences was sufficient to satisfy Florida Rule of Criminal Procedure 3.172(c)(8).
• Ganey v. State
  873 So. 2d 445· Fla. 2d DCA· 2004-04-30 ·cited 2×
  Joseph Ganey appeals the denial of his motion for postconviction relief, arguing his no contest plea was not knowingly and voluntarily entered because he relied on incorrect sentencing guidelines information. The court agrees and reverses, holding that a defendant who enters a pl