Montgomery v. State

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that misadvice of counsel as to the length of a sentence is a basis for postconviction relief if not refuted by the record
• holding that affirmative misadviee about length of sentence or eligibility for gain time forms a basis to withdraw the plea
• ineffective assistance/involuntary plea claim can be refuted by written plea agreement or transcripts
• “an allegation that a plea was involuntary or was based on a misunderstanding or mistake can be refuted by a written plea agreement or plea transcript which conclusively establishes the defendant’s understanding and that the plea was not coerced”

Source: CourtListener parenthetical corpus (CC0).

Cited by

20 cases in this archive cite this case.

• Snodgrass v. State
  District Court of Appeal of Florida· 2003-01-22· cited 30×
• Watrous v. State
  District Court of Appeal of Florida· 2001-03-07· cited 28×
• Roberti v. State
  District Court of Appeal of Florida· 2001-03-23· cited 19×
• Oehling v. State
  District Court of Appeal of Florida· 1995-08-25· cited 17×
• Simeton v. State
  District Court of Appeal of Florida· 1999-05-05· cited 15×
• Bermudez v. State
  District Court of Appeal of Florida· 2005-05-11· cited 13×
• Gillis v. State
  District Court of Appeal of Florida· 2002-02-22· cited 13×
• Hicks v. State
  District Court of Appeal of Florida· 1996-01-24· cited 10×
• Anthony v. State
  District Court of Appeal of Florida· 1995-09-13· cited 10×
• Young v. State
  District Court of Appeal of Florida· 2001-07-06· cited 5×
• Collazo v. State
  District Court of Appeal of Florida· 2009-05-08· cited 4×
• Saba v. State
  District Court of Appeal of Florida· 1996-07-05· cited 3×
• Green v. State
  District Court of Appeal of Florida· 2000-12-27· cited 2×
• Jones v. State
  District Court of Appeal of Florida· 2000-12-27· cited 2×
• Siner v. State
  District Court of Appeal of Florida· 2004-06-25· cited 1×
• Fullwood v. State
  District Court of Appeal of Florida· 1994-03-11
• Gibson v. State
  District Court of Appeal of Florida· 1994-12-16
• Threats v. State
  District Court of Appeal of Florida· 1998-01-09
• Shatley v. State
  District Court of Appeal of Florida· 2005-05-27
• Hemmy v. State
  District Court of Appeal of Florida· 2006-09-27

Cites

17 cases in this archive are cited by this case.

• Harich v. State
  Supreme Court of Florida· 1986-03-18· cited 53×
• Mikenas v. State
  Supreme Court of Florida· 1984-11-01· cited 43×
• Rackley v. State
  District Court of Appeal of Florida· 1990-12-11· cited 20×
• Eady v. State
  District Court of Appeal of Florida· 1992-08-28· cited 20×
• Debose v. State
  District Court of Appeal of Florida· 1991-03-28· cited 15×
• Corbitt v. State
  District Court of Appeal of Florida· 1991-08-22· cited 13×
• Duggan v. State
  District Court of Appeal of Florida· 1991-11-12· cited 11×
• Smothers v. State
  District Court of Appeal of Florida· 1990-01-18· cited 11×
• Colon v. State
  District Court of Appeal of Florida· 1991-10-02· cited 11×
• Young v. State
  District Court of Appeal of Florida· 1992-09-11· cited 6×
• Middleton v. State
  District Court of Appeal of Florida· 1992-07-23· cited 5×
• Knowles v. State
  District Court of Appeal of Florida· 1991-07-10· cited 4×
• Cherry v. State
  District Court of Appeal of Florida· 1991-12-02· cited 3×
• Small v. State
  District Court of Appeal of Florida· 1992-06-12· cited 3×
• Bell v. State
  District Court of Appeal of Florida· 1992-08-07· cited 2×
• Perez v. State
  District Court of Appeal of Florida· 1992-09-11· cited 2×
• Kidney v. State
  District Court of Appeal of Florida· 1990-04-20· cited 1×