Voluntary And Intelligent Guilty Plea

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

• Thiel v. State
  793 So. 2d 115· Fla. 2d DCA· 2001-08-17 ·cited 2×
• Futch v. State
  781 So. 2d 462· Fla. 2d DCA· 2001-03-07 ·cited 2×
  A defendant who entered a negotiated plea under the unconstitutional 1995 guidelines, but whose sentence was not a departure under the 1994 guidelines, may file a motion challenging the voluntary nature of his plea.
• Cates v. Superintendent, Ind. Youth Ctr.
  981 F.2d 949· 7th Cir.· 1992-12-11 ·cited 2×
  Joint representation of co-defendants does not violate the Sixth Amendment right to effective assistance of counsel unless the defendant demonstrates an actual conflict of interest that adversely affected counsel's performance. A voluntary and intelligent guilty plea waives prior
• Riggins v. Norris W. McMACKIN
  935 F.2d 790· 6th Cir.· 1991-06-10 ·cited 2×
  The court held that a federal court must remand for an evidentiary hearing to determine if a state prisoner was aware of the maximum possible sentence when entering a guilty plea, even if the state court found substantial compliance with its rules.
• White v. United States
  858 F.2d 416· 8th Cir.· 1988-10-03 ·cited 2×
  A voluntary and intelligent guilty plea, even an Alford plea, generally bars collateral attack on prior constitutional deprivations, and undisclosed evidence that would have merely fortified the defense's position on witness credibility does not render the plea unintelligent or u
• Lonberger v. R.C. Marshall
  808 F.2d 1169· 6th Cir.· 1987-01-06 ·cited 2×
  The court held that the petitioner's current habeas petition was successive and properly dismissed under Rule 9(b) because it raised the same grounds for relief as a prior petition, and the ends of justice did not require reconsideration.
• Nealy J. Buchanon v. Mintzes
  734 F.2d 274· 6th Cir.· 1984-05-09 ·cited 2×
  The court held that Rule 9(a) of habeas corpus proceedings requires a showing of actual prejudice to bar consideration of claims, and that the state failed to show prejudice regarding the petitioner's claims of unknowing waiver of counsel and guilty plea.
• Bryant v. Cherry
  687 F.2d 48· 4th Cir.· 1982-09-10 ·cited 2×
  A guilty plea remains voluntary and intelligent even if the trial court fails to inform the defendant of a mandatory minimum sentence, if the defendant was aware of the plea agreement and reasonably expected a sentence at or above the mandatory minimum.
• Evans v. Warden Sam P. Garrison
  657 F.2d 64· 4th Cir.· 1981-08-13 ·cited 2×
  The court held that conditioning parole eligibility on restitution to a law enforcement agency, which is not a victim under state law and was not part of the plea bargain, renders a guilty plea involuntary and unintelligent, violating due process.
• Mitchell v. Superior Court FOR the Cnty. OF Santa Clara
  632 F.2d 767· 9th Cir.· 1980-10-07 ·cited 2×
  A guilty plea does not forfeit the right to federal habeas corpus review of pre-plea constitutional violations if state law permits such an appeal.
• Kibert v. Blankenship
  611 F.2d 520· 4th Cir.· 1979-12-04 ·cited 2×
  The court held that the district court erred in granting habeas corpus relief, as the petitioner's guilty plea was voluntary and knowingly entered, and he was not denied effective assistance of counsel.
• Manley v. United States
  588 F.2d 79· 4th Cir.· 1978-11-30 ·cited 2×
  The court held that a defendant's nolo contendere plea may be invalid if the trial court misinformed the defendant about the maximum allowable penalties, and this factual issue must be determined on remand.
• United States v. Swann
  574 F.2d 1316· 5th Cir.· 1978-06-14 ·cited 2×
  A conditional plea of nolo contendere, reserving the right to appeal an unfavorable ruling on a motion to suppress, is impermissible because it renders the plea involuntary and not in compliance with Rule 11.
• McINNES v. State
  345 So. 2d 781· Fla. 4th DCA· 1977-04-15 ·cited 2×
  Linda McInnes appealed her guilty plea conviction for obtaining property by worthless checks, arguing her plea was involuntary and that her sentence constituted unconstitutional imprisonment for debt. The Fourth District Court of Appeal affirmed, finding the plea was knowing and
• Lurea Clark v. State
  317 So. 2d 870· Fla. 1st DCA· 1975-08-18 ·cited 2×
  Clark appealed her conviction for second-degree murder entered through guilty plea, claiming the trial court violated due process by failing to comply with Boykin v. Alabama's requirements regarding waiver of constitutional rights. The appellate court affirmed, finding the trial
• Ford v. State
  317 So. 2d 473· Fla. 1st DCA· 1975-08-12 ·cited 2×
  Kenneth Lee Ford appealed his nolo contendere plea to a robbery charge, arguing the trial court failed to explicitly advise him of his rights against self-incrimination, to jury trial, and to confront accusers. The Florida appellate court affirmed the conviction, holding that whe
• Dames v. Louie L. Wainwright
  491 F.2d 1098· 5th Cir.· 1974-04-01 ·cited 2×
  The court held that the defendant's contention that he was entitled to more credit for time served was without merit, as he received the bargained-for sentence and was not punished for exercising post-conviction rights.
• Golden v. Henderson
  456 F.2d 376· 5th Cir.· 1972-02-24 ·cited 2×
  The court held that the district court's denial of the habeas petition was proper, as the guilty plea was voluntarily and intelligently entered under pre-Boykin standards.
• Weaver v. United States
  454 F.2d 315· 7th Cir.· 1971-12-08 ·cited 2×
  The court held that the district court did not violate Rule 11 by failing to explicitly warn the defendant of the potential consequences of probation revocation, as the record showed the defendant understood the potential severity of a sentence upon revocation.
• Smith v. Cady
  452 F.2d 141· 7th Cir.· 1971-10-05 ·cited 2×
  The court held that the petitioner waived his right to challenge the juvenile waiver proceedings by pleading guilty in adult court with the assistance of competent counsel.
• Oma D. Claunch, Jr. v. Page
  427 F.2d 841· 10th Cir.· 1970-06-15 ·cited 2×
  The court held that the petitioner's voluntary guilty plea, entered with competent counsel, waived any prior procedural defects in the juvenile certification proceedings.
• Calletano Cisneros, Jr. v. Beto
  423 F.2d 201· 5th Cir.· 1970-03-16 ·cited 2×
  A habeas corpus petitioner who pleads guilty does not require an evidentiary hearing if the plea was voluntary and understood.
• Efran Vizcarra-Delgadillo v. United States
  395 F.2d 70· 9th Cir.· 1968-04-26 ·cited 2×
  The court held that the defendant received effective assistance of counsel, as the attorney's investigation, though limited, was sufficient given the circumstances and the client's admissions.
• Williams v. Swope
  186 F.2d 897· 9th Cir.· 1951-01-22 ·cited 2×
  The court held that the petitioner intelligently and voluntarily waived his right to counsel, and the sentencing judge fulfilled his duty to protect the petitioner's constitutional rights.
• Jamerson v. State
  291 So. 3d 638· Fla. 5th DCA· 2020-02-27 ·cited 1×
  John Jamerson pleaded no contest to firearm and evidence tampering charges and appealed the trial court's denial of his motion to suppress un-Mirandized statements. The court affirmed despite recognizing that the trial judge affirmatively misled Jamerson into believing he could a
• Perez-Diaz v. Sec'y, Dep't of Corr.
  M.D. Fla.· 2025-12-29
  The court denied the petition for writ of habeas corpus, finding that the petitioner's claims were either not cognizable, waived by his guilty plea, or failed to meet the stringent standards for relief under AEDPA.
• Jones v. United States
  M.D. Fla.· 2025-03-27
  The court held that the petitioner's counsel provided effective assistance and that his guilty plea was knowing and voluntary, despite claims of inadequate advice regarding sentencing.
• Delapena v. Fla. Dep't of Corr.
  S.D. Fla.· 2025-02-03
  Damion Anthony Delapena sought federal habeas relief through a § 2254 petition challenging his convictions for multiple robberies and assault, arguing that his trial counsel rendered ineffective assistance by advising him that a motion to suppress would be meritless, that downwar
• Brown v. Sec'y, Dep't of Corr.
  M.D. Fla.· 2025-01-23
  The court held that the petitioner failed to demonstrate that the state court's decision was contrary to or an unreasonable application of clearly established federal law, or an unreasonable determination of fact, and thus denied his petition for a writ of habeas corpus.
• Tay v. Sec'y, Dep't of Corr. (Polk County)
  M.D. Fla.· 2024-11-27
  George Tay challenged his state court convictions for possessing 100 counts of child pornography by filing a federal habeas petition claiming ineffective assistance of counsel. The federal district court denied Tay's petition after finding that trial counsel's performance was not
• Levin v. Sec'y, Fla. Dep't of Corr. (Nassau County)
  M.D. Fla.· 2024-08-07
  Joseph Luis Levin, an inmate serving a 44-year sentence for six counts of lewd or lascivious battery, one count of soliciting a child via computer, and one count of traveling to meet a minor, challenged his convictions in a federal habeas corpus petition, raising claims of incomp
• Tull v. Sec'y, Dep't of Corr.
  M.D. Fla.· 2024-03-11
  The court denied the petition for a writ of habeas corpus, finding that the petitioner's claims were either not cognizable, procedurally defaulted, or failed on the merits under AEDPA review.
• Thompson v. Sec'y, Dep't of Corr. (Sarasota County)
  M.D. Fla.· 2023-12-04
  The court denied the petition for a writ of habeas corpus, finding the petitioner's claim of ineffective assistance of counsel was refuted by the record.
• Pitts v. Sec'y, Dep't of Corrections(Pinellas County)
  M.D. Fla.· 2022-09-23
  Charles Pitts challenged his state convictions for sexual battery, false imprisonment, and domestic battery by strangulation through a federal habeas corpus petition, alleging ineffective assistance of counsel. The court denied the petition, finding that Pitts's guilty plea was k
• DiMaria v. United States
  S.D. Fla.· 2022-03-03
  The court adopted the Magistrate Judge's Report and Recommendation, denying the motion to vacate sentence and refusing to issue a certificate of appealability.
• Cook v. Sec'y, Dep't of Corr. (Pinellas County)
  M.D. Fla.· 2021-12-01
  Royce W. Cook pleaded guilty to two counts of attempted capital sexual battery and four counts of sexual battery in exchange for a negotiated 25-year sentence. On federal habeas review, Cook challenged his conviction by asserting ineffective assistance of counsel claims, includin
• Mackey v. United States
  S.D. Fla.· 2021-07-21
  Dynza Mackey, a federal inmate serving a sixty-one-month sentence for identity theft and access device fraud, petitioned under 28 U.S.C. § 2255 to vacate his sentence on grounds including ineffective assistance of counsel. The District Court denied his petition on the merits, fin
• Harden v. Sec'y, Dep't of Corr.
  M.D. Fla.· 2020-09-24
  A guilty plea waives non-jurisdictional claims, including ineffective assistance of counsel, unless the claim directly implicates the knowing and voluntary nature of the plea itself. Counsel's strategic decision not to file a pre-trial motion, based on a reasonable assessment of
• Chandler v. United States
  S.D. Fla.· 2020-08-21
  The court held that the Petitioner's motion to vacate sentence was timely filed under the prison mailbox rule and that his claims of ineffective assistance of counsel were meritless.
• Schwartz v. Sec'y, Fla. Dep't of Corr.
  S.D. Fla.· 2020-02-25
  The court adopted the Magistrate Judge's Report and Recommendations, overruling the petitioner's objections and denying the petition for a writ of habeas corpus.
• Harris v. Sec'y, Dep't of Corr.
  M.D. Fla.· 2020-02-25
  Richard Harris petitioned for federal habeas corpus relief, challenging his guilty plea to second-degree murder and related charges in Florida state court, raising five grounds based on alleged ineffective assistance of counsel. The district court denied the petition, finding tha
• Wease v. Sec'y, Dep't of Corr.
  M.D. Fla.· 2020-01-28
  The court held that the petitioner's claims were without merit and denied his petition for a writ of habeas corpus, finding no substantial showing of the denial of a constitutional right.
• Abonza-Torres v. Sec'y, Dep't of Corr.
  M.D. Fla.· 2019-08-15
  The court held that the petitioner's claims were not cognizable on federal habeas review or were waived by his voluntary plea, and that the state court's factual findings were entitled to deference.
• Amos Donald Boyd v. State
  252 So. 3d 1288· Fla. 1st DCA· 2018-09-20
  Appellant challenges his criminal conviction and sentence, arguing the trial court erred by adjudicating him guilty without him entering a valid plea. The court held that the trial court violated Florida Rule of Criminal Procedure 3.172(c) by failing to conduct a complete plea co
• Nikko Glen Albanese v. State
  179 So. 3d 405· Fla. 4th DCA· 2015-11-12
  Nikko Albanese appealed his guilty plea conviction on two grounds: that the plea agreement lacked consideration and that the trial court failed to hold a mental competency hearing. The appellate court affirmed, holding that both issues required a motion to withdraw the plea to be
• State of Del. v. Schofield
  Del. Super. Ct.· 2011-03-14
  The court denied the defendant's motion to withdraw his guilty pleas. The defendant failed to demonstrate a "fair and just reason" for withdrawal, as his allegations of counsel's pressure and emotional coercion were unsubstantiated and contradicted by his own statements during tw
• Combs v. State
  39 So. 3d 548· Fla. 1st DCA· 2010-07-16
  Sherman Combs appealed the trial court's denial of his motion to withdraw a guilty plea made before sentencing. The appellate court affirmed the trial court's decision, finding that Combs failed to demonstrate the plea was involuntary and that the trial court did not abuse its di
• Arreskjold v. United States
  707 F. Supp. 2d 1332· S.D. Fla.· 2010-06-21
  The court held that a claim of ineffective assistance of counsel based on failure to anticipate a change in law is not constitutionally deficient performance, and prejudice is not shown when the subsequent legal change does not apply to the defendant's case. The court also held t
• Gerrish v. State
  954 So. 2d 1276· Fla. 4th DCA· 2007-05-02
  The court affirmed the denial of a motion for post-conviction relief regarding misadvice on mandatory minimum sentences for trafficking and conspiracy, but reversed the summary denial of a claim concerning the stacking of mandatory minimums.
• Winfrey v. State
  828 So. 2d 1041· Fla. 4th DCA· 2002-10-09
  Barbara Winfrey appeals the summary denial of her rule 3.850 motion for post-conviction relief challenging her DUI manslaughter plea and sentence. The Fourth District reverses and remands on the first and fourth grounds, which alleged her probation violation admission was involun