Alford plea (Florida) · Go Syfert
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Alford plea in Florida

11 Florida opinions name it 2 courts 1989–2025 3 in the last five years

The cases below were cited by Florida courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (6)

CaseFollowedCited
North Carolina v. Alfordgreen
scotus · 1970 · cited in 6 Florida opinions naming this issue, 1989–2024
2 sentences

2024See North Carolina v. Alford, 400 U.S. 25, 37 (1970) (recognizing an Alford plea as “a plea containing a protestation of innocence when . . . a defendant intelligently concludes that his interests require entry of a guilty plea and the record before the judge contains strong evidence of actual guilt.”) (emphasis added); Fla. R.

2024Also known as an Alford plea, a plea of nolo contendere allows an accused, in effect, to plead guilty while continuing to maintain his or her innocence.”) (emphasis added) (citing Alford, 400 U.S. 25 and Brown v. State, 943 So. 2d 899 (Fla. 5th DCA 2006)); The Florida Bar, re Fla. Rules of Crim.

36
Brown v. Stategreen
fladistctapp · 2006 · cited in 4 Florida opinions naming this issue, 2014–2024
2 sentences

2024Also known as an Alford plea, a plea of nolo contendere allows an accused, in effect, to plead guilty while continuing to maintain his or her innocence.”) (emphasis added) (citing Alford, 400 U.S. 25 and Brown v. State, 943 So. 2d 899 (Fla. 5th DCA 2006)); The Florida Bar, re Fla. Rules of Crim.

2014P. 3.850(a)(5); see also Brown v. State, 943 So.2d 899 (Fla. 5th DCA 2006) (holding that defendant was entitled to hearing on his contention that counsel’s advice regarding Alford plea to attempted sexual battery upon child of less than 12 years of age constituted ineffective assistance of counsel; if defendant was advised by counsel that effect of Alford plea was that he would be able to maintain his innocence, and if defendant’s failure to admit guilt during sex offender treatment counseling resulted in automatic revocation of his probation, such consequence was direct, and not collateral, c

14
Grant v. Stategreen
fladistctapp · 2004 · cited in 1 Florida opinions naming this issue, 2025–2025
2 sentences

2025“An exception to the general rule exists where both counsel’s deficient performance and the prejudice to the defendant are apparent on the face of the record.” Id. at 505 .

2025For these reasons, the trial court did not err in declining to grant Alford’s motion for judgment of acquittal. 9 No Ineffective Assistance of Counsel was Apparent on the Face of the Record, so the Issue Cannot be Raised on Direct Appeal Alford next argues that his trial counsel was ineffective for failing to file a Bruton motion to sever the defendants, which was necessary to shield him from inculpatory statements made by Farris. 3 The general rule is that “an allegation of ineffective assistance of counsel should be raised in a motion for postconviction relief, rather than on direct appeal.”

11
Florida Bargreen
fla · 1977 · cited in 1 Florida opinions naming this issue, 2024–2024
1 sentence

2024Proc., 343 So. 2d 1247, 1255 (1977) (Committee Note observing that amendment to rule 3.172 “[i]ncorporates Fed.

11
Nelson M. Blohm and Joann M. Blohm v. Commissioner of Internal Revenuegreen
ca11 · 1993 · cited in 1 Florida opinions naming this issue, 2007–2007
1 sentence

2007In Blohm v. Commissioner, 994 F.2d 1542, 1554 (11th Cir.1993), the court explained why an Alford plea can result in an application of collateral estoppel: Once accepted by a court, it is the voluntary plea of guilt itself, with its intrinsic admission of each element of the crime, that triggers the collateral consequences attending that plea.

11
The Florida Bar v. Isisgreen
fla · 1989 · cited in 1 Florida opinions naming this issue, 1991–1991
2 sentences

1991We have held that "a minor felony conviction entered pursuant to an Alford plea will not necessarily result in disbarment if there is evidence and a referee's finding supporting innocence." The Fla. Bar v. Isis, 552 So.2d 912, 913 (Fla. 1989) (citing The Fla. Bar v. Pavlick, 504 So.2d 1231 (Fla. 1987)).

1991We have held that "a minor felony conviction entered pursuant to an Alford plea will not necessarily result in disbarment if there is evidence and a referee's finding supporting innocence." The Fla. Bar v. Isis, 552 So.2d 912, 913 (Fla. 1989) (citing The Fla. Bar v. Pavlick, 504 So.2d 1231 (Fla. 1987)).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway.

Also cited on this issue (7)

CaseCitedYears
The Florida Bar v. Pavlick green
fla · 1987
2 sentences

1991We have held that "a minor felony conviction entered pursuant to an Alford plea will not necessarily result in disbarment if there is evidence and a referee's finding supporting innocence." The Fla. Bar v. Isis, 552 So.2d 912, 913 (Fla. 1989) (citing The Fla. Bar v. Pavlick, 504 So.2d 1231 (Fla. 1987)).

1989Thus, this case is distinguishable from The Florida Bar v. Pavlick, 504 So.2d 1231 (Fla. 1987), in which we held that a minor felony conviction entered pursuant to an Alford plea will not necessarily result in disbarment if there is evidence and a referee's finding supporting innocence.

21989–1991
Bruton v. United States green
scotus · 1968
1 sentence

2025This was significant to pre-trial issues before the court, including severance of the defendants’ trials, Alford’s motion for a Nelson 4 hearing, and the application of Bruton v. United States, 391 U.S. 123 (1968).

12025–2025
Boykin v. Alabama green
scotus · 1969
2 sentences

2007As long as the guilty plea represents a voluntary and intelligent choice among alternative courses of action open to the defendant, see Boykin v. Alabama, 395 U.S. 238, 242 , 89 S.Ct. 1709, 1711 , 23 L.Ed.2d 274 (1969), and a sufficient factual basis exists to support the plea of guilt, see Fed.R.Crim.P. 11(f), the collateral consequences flowing from an Alford plea are the same as those flowing from an ordinary plea of guilt.

2007As long as the guilty plea represents a voluntary and intelligent choice among alternative courses of action open to the defendant, see Boykin v. Alabama, 395 U.S. 238, 242 , 89 S.Ct. 1709, 1711 , 23 L.Ed.2d 274 (1969), and a sufficient factual basis exists to support the plea of guilt, see Fed.R.Crim.P. 11(f), the collateral consequences flowing from an Alford plea are the same as those flowing from an ordinary plea of guilt.

12007–2007
The Florida Bar v. Levine neutral
fla · 1990
1 sentence

2005NOTES [1] In Spann v. State, 704 N.W.2d 486 (Minn.2005), the Minnesota supreme court held that based on "public policy and due process considerations," a "defendant may not, after conviction at trial and sentencing, waive the right to appeal." See also State v. Ethington, 121 Ariz. 572 , 592 P.2d 768 (1979); People v. Harrison, 386 Mich. 269 , 191 N.W.2d 371 (1971). [2] "An Alford plea is `a plea containing a protestation of innocence when ... a defendant intelligently concludes that his interests require entry of a guilty plea and the record before the judge contains strong evidence of actual

12005–2005
State v. Ethington green
ariz · 1979
2 sentences

2005NOTES [1] In Spann v. State, 704 N.W.2d 486 (Minn.2005), the Minnesota supreme court held that based on "public policy and due process considerations," a "defendant may not, after conviction at trial and sentencing, waive the right to appeal." See also State v. Ethington, 121 Ariz. 572 , 592 P.2d 768 (1979); People v. Harrison, 386 Mich. 269 , 191 N.W.2d 371 (1971). [2] "An Alford plea is `a plea containing a protestation of innocence when ... a defendant intelligently concludes that his interests require entry of a guilty plea and the record before the judge contains strong evidence of actual

2005NOTES [1] In Spann v. State, 704 N.W.2d 486 (Minn.2005), the Minnesota supreme court held that based on "public policy and due process considerations," a "defendant may not, after conviction at trial and sentencing, waive the right to appeal." See also State v. Ethington, 121 Ariz. 572 , 592 P.2d 768 (1979); People v. Harrison, 386 Mich. 269 , 191 N.W.2d 371 (1971). [2] "An Alford plea is `a plea containing a protestation of innocence when ... a defendant intelligently concludes that his interests require entry of a guilty plea and the record before the judge contains strong evidence of actual

12005–2005
Spann v. State green
minn · 2005
1 sentence

2005NOTES [1] In Spann v. State, 704 N.W.2d 486 (Minn.2005), the Minnesota supreme court held that based on "public policy and due process considerations," a "defendant may not, after conviction at trial and sentencing, waive the right to appeal." See also State v. Ethington, 121 Ariz. 572 , 592 P.2d 768 (1979); People v. Harrison, 386 Mich. 269 , 191 N.W.2d 371 (1971). [2] "An Alford plea is `a plea containing a protestation of innocence when ... a defendant intelligently concludes that his interests require entry of a guilty plea and the record before the judge contains strong evidence of actual

12005–2005
People v. Harrison green
mich · 1971
2 sentences

2005NOTES [1] In Spann v. State, 704 N.W.2d 486 (Minn.2005), the Minnesota supreme court held that based on "public policy and due process considerations," a "defendant may not, after conviction at trial and sentencing, waive the right to appeal." See also State v. Ethington, 121 Ariz. 572 , 592 P.2d 768 (1979); People v. Harrison, 386 Mich. 269 , 191 N.W.2d 371 (1971). [2] "An Alford plea is `a plea containing a protestation of innocence when ... a defendant intelligently concludes that his interests require entry of a guilty plea and the record before the judge contains strong evidence of actual

2005NOTES [1] In Spann v. State, 704 N.W.2d 486 (Minn.2005), the Minnesota supreme court held that based on "public policy and due process considerations," a "defendant may not, after conviction at trial and sentencing, waive the right to appeal." See also State v. Ethington, 121 Ariz. 572 , 592 P.2d 768 (1979); People v. Harrison, 386 Mich. 269 , 191 N.W.2d 371 (1971). [2] "An Alford plea is `a plea containing a protestation of innocence when ... a defendant intelligently concludes that his interests require entry of a guilty plea and the record before the judge contains strong evidence of actual

12005–2005

Where else courts name it

NY 265 (1977–2025) CT 262 (1980–2026) OH 241 (1990–2026) IA 182 (1979–2026) WA 123 (1987–2026) LA 90 (1988–2025) MO 87 (1983–2025) MN 75 (1989–2026) WI 75 (1981–2026) MD 67 (1981–2026) VA 61 (1995–2025) ID 59 (1975–2026) TN 56 (1991–2026) GA 53 (1988–2026) KY 53 (1985–2026) NC 51 (1992–2026) MS 36 (2005–2024) MT 35 (1992–2026) IL 33 (1987–2026) KS 32 (1980–2026) PA 25 (1984–2025) SC 23 (2005–2024) WV 20 (1996–2024) ND 18 (1982–2025) CO 18 (1982–2025) MA 17 (1984–2025) CA 17 (1989–2025) NM 16 (1996–2024) WY 15 (1992–2026) OR 14 (1973–2026) UT 13 (1993–2023) AZ 12 (1977–2017) NV 12 (1994–2020) OK 11 (2006–2020) FL 11 (1989–2025) RI 11 (1992–2019) TX 10 (1974–2025) DC 9 (1977–2024) SD 9 (1995–2019) IN 5 (1986–2005) AR 5 (2006–2024) VT 5 (1993–2021) NE 3 (2006–2024) NJ 2 (1994–2025) VI 2 (1982–2026) NH 2 (1995–1995) AK 2 (1982–1982)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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