Voluntary And Intelligent Guilty Plea

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

• State v. Berry
  818 So. 2d 537· Fla. 2d DCA· 2002-01-16
  A defendant is not entitled to resentencing under Heggs v. State if their sentence under the 1995 guidelines would not have been a departure sentence under the 1994 guidelines.
• Damita Strawder v. State
  786 So. 2d 1259· Fla. 2d DCA· 2001-06-15
• York v. State
  788 So. 2d 296· Fla. 2d DCA· 2001-02-09
  The court held that a downward departure sentence falling within the 1994 guidelines does not constitute an illegal sentence under Heggs v. State, even if the 1995 guidelines would have resulted in a different range.
• Davidson v. State
  677 So. 2d 412· Fla. 5th DCA· 1996-08-02
  The court affirmed Davidson's judgment and sentence but struck the public defender's fee because the trial court failed to advise her of her right to challenge the amount under Florida Rule of Criminal Procedure 3.720(d)(1), and rejected her unsworn claim that her plea was involu
• Curry v. State
  671 So. 2d 291· Fla. 5th DCA· 1996-04-12
  Marcus Curry appealed the denial of his post-conviction motion claiming ineffective assistance of counsel, including that the trial court failed to establish a sufficient factual basis for his no-contest plea to cocaine possession. The appellate court affirmed, holding that altho
• United States v. Dalman
  994 F.2d 537· 8th Cir.· 1993-06-04
  A guilty plea is valid if it represents a voluntary and intelligent choice among alternatives, and a defendant's claim of medication impairment or coercion is rejected if the record shows understanding and voluntary action.
• Hager v. United States
  993 F.2d 4· 1st Cir.· 1993-05-21
  The court held that the appellant's plea was voluntary and the district court's failure to inquire further into his health did not constitute an error of fundamental character warranting a writ of coram nobis.
• United States v. Dent
  984 F.2d 1453· 7th Cir.· 1993-01-26
  The court held that grand jury testimony, even if trustworthy, cannot be admitted under the residual hearsay exception (Rule 804(b)(5)) if it is specifically covered by another exception (Rule 804(b)(1)) and fails to meet that exception's requirements.
• Lines v. State
  594 So. 2d 322· Fla. 1st DCA· 1992-02-14
  A trial court did not abuse its discretion in denying a motion to withdraw a nolo contendere plea where, although the defendant alleged his counsel failed to advise him of a possible insanity defense, he presented no evidence that he was incompetent at the time of the offense or
• United States v. Jacobo Graibe
  946 F.2d 1414· 9th Cir.· 1991-10-09
  The court held that the district court's failure to inform the defendant that he could not withdraw his guilty plea if the court refused to accept the government's sentencing recommendation constituted a violation of Rule 11(e)(2) that affected a substantial right and was not har
• Hicks v. State
  559 So. 2d 1265· Fla. 3d DCA· 1990-04-17
  Dale Hicks appealed sentences imposed in two consolidated criminal cases totaling 40 years. The Florida appellate court affirmed the original sentencing order from May 17, 1989, holding that the negotiated plea agreement was binding and sufficient to justify departure from guidel
• Wohlhuter v. State
  515 So. 2d 362· Fla. 4th DCA· 1987-11-12
  Edward Wohlhuter appealed his sentencing following a guilty plea to fraudulently obtaining a controlled substance and a probation violation. The appellate court dismissed the appeal, holding that a defendant who pleads guilty cannot directly appeal the sentence without first atte
• Maralit v. State
  468 So. 2d 490· Fla. 1st DCA· 1985-05-09
  The State moved to dismiss an appeal from a judgment entered on pleas of nolo contendere for fraud and theft charges because the defendant failed to expressly reserve the right to appeal as required by Florida Rule of Appellate Procedure 9.140(b)(1). The court granted the motion
• Johnson v. Mabry
  752 F.2d 313· 8th Cir.· 1985-01-08
  The court held that the petitioner failed to establish prejudice from counsel's failure to interview witnesses, thus affirming the denial of his habeas corpus petition.
• Maldonado v. Winans
  728 F.2d 438· 10th Cir.· 1984-02-22
  The court held that effective assistance of counsel is indispensable to a voluntary guilty plea, and the district court erred by focusing solely on voluntariness without considering ineffective assistance.
• Shepard v. Warden H. Solem and Paul L. Douglas
  688 F.2d 65· 8th Cir.· 1982-09-13
  The court held that the federal district court did not err in resolving the habeas corpus claims on the state court record without an evidentiary hearing, and that the guilty plea was voluntary and counsel was effective.
• Devold v. Blackburn
  574 F.2d 1361· 5th Cir.· 1978-06-16
  The court held that the petitioner's guilty plea was voluntary and intelligently entered, and that his counsel provided effective assistance.
• Duffy v. Cuyler
  581 F.2d 1059· 3d Cir.· 1978-06-12
  The dissenting judge would hold that a defendant must be informed of the maximum sentence to which they are subject as a constitutional prerequisite for a knowing and voluntary waiver of rights in a nolo contendere plea.
• Courtney v. United States
  518 F.2d 514· 4th Cir.· 1975-07-01
  A guilty plea is not rendered invalid by a mistaken belief that an illegally obtained confession is admissible, provided counsel's advice was competent and the plea was voluntary and intelligent.
• Collins v. Warden, Nev. State Prison
  487 F.2d 950· 9th Cir.· 1973-11-07
  The court held that even if parole eligibility was part of the plea bargain, the bargain was substantially fulfilled by subsequent legislative and judicial actions in Nevada, thus denying federal habeas corpus relief.
• Santana v. United States
  477 F.2d 721· 2d Cir.· 1973-04-20
  A voluntary and intelligent guilty plea, entered on advice of counsel, is not rendered invalid by subsequent judicial decisions that invalidate the statutory presumptions that may have influenced the plea.
• Jenkins v. United States
  466 F.2d 520· 8th Cir.· 1972-09-20
  The court held that a hearing is not required when the files and records conclusively show the prisoner is entitled to no relief.
• Baker v. State
  264 So. 2d 851· Fla. 2d DCA· 1972-07-21
  The appellate court affirmed the denial of the appellant's motion for post-conviction relief.
• United States v. Monaco
  456 F.2d 254· 3d Cir.· 1972-02-29
  The court held that the trial court complied with Rule 11 of the Federal Rules of Criminal Procedure when accepting the appellant's guilty plea.
• Salazar v. Sigler
  441 F.2d 834· 8th Cir.· 1971-04-16
  The court held that the defendant did not make an intelligent and knowing waiver of counsel during his guilty plea, as the trial court failed to conduct a sufficient inquiry.
• Bain v. United States
  428 F.2d 508· 6th Cir.· 1970-06-05
  The appellate court affirmed the district court's denial of the motion to vacate the sentence, finding the guilty plea was entered voluntarily and intelligently, and that the defendant received effective assistance of counsel.
• Edwards v. United States
  422 F.2d 788· 7th Cir.· 1970-03-09
  The court held that the defendant's waiver of counsel and guilty pleas were intelligent and voluntary, despite his claims of insufficient information.
• Erthal v. United States
  412 F.2d 1184· 3d Cir.· 1969-04-29
  The court held that the appellant's claim of a broken promise of leniency was refuted by the record, as the trial court specifically inquired about and received negative answers regarding any such promises before accepting the guilty plea.
• Janovic v. Eyman
  406 F.2d 314· 9th Cir.· 1969-01-16
  The court held that the district court's findings were not erroneous and that the appellant was not deprived of his constitutional rights, affirming the denial of his petition for a writ of habeas corpus.
• Resor v. Rodriguez
  373 F.2d 20· 10th Cir.· 1967-02-13
  The court held that the arraignment record was properly admitted and showed a knowing and voluntary guilty plea, despite claims of coercion and procedural defects.
• State v. Tyndal
  27 Fla. Supp. 5· Polk Cty. Cir. Ct.· 1966-06-22
  Tyndal challenges the trial court's denial of his motion to withdraw a guilty plea and enter a not guilty plea to DUI and reckless driving charges. The court reversed, finding that the guilty plea was not voluntary and intelligent because it was executed by the defendant through
• Master Sutton v. United States
  352 F.2d 52· 5th Cir.· 1965-10-29
  A voluntary and intelligent guilty plea, entered after a knowing and voluntary waiver of the right to counsel, precludes a collateral attack under 28 U.S.C. § 2255 based on alleged violations of the right to counsel or the McNabb-Mallory doctrine.
• MacDONALD v. Hudspeth
  125 F.2d 465· 10th Cir.· 1942-01-12
  The court held that the trial court properly denied the writ of habeas corpus because the petitioner voluntarily and intelligently entered his guilty plea and was not denied any constitutional rights.