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421 F.2d 184·
5th Cir.·
1969-12-22
·cited 1×
The court held that a guilty plea waives all prior non-jurisdictional defects, and affirmed the denial of the habeas corpus petition.
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170 F.2d 344·
5th Cir.·
1948-11-03
·cited 1×
The court held that the record did not support the appellant's claims of coerced confession or denial of due process, and that the court-martial had jurisdiction.
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S.D. Fla.·
2024-04-09
Cory Barrant Sivik sought federal habeas relief challenging his state conviction for lewd or lascivious molestation of a child under twelve, arguing that statements he made during a police-orchestrated controlled telephone call violated his Fifth and Sixth Amendment rights. The d
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M.D. Fla.·
2023-06-09
The court held that the petitioner procedurally defaulted his claims and failed to establish cause and prejudice or actual innocence to overcome the default.
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M.D. Fla.·
2023-01-20
The court held that the petitioner's habeas petition was untimely and equitable tolling was not warranted because the attorney's misadvice, while negligent, did not rise to the level of abandonment or extraordinary circumstance required for tolling.
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Del. Super. Ct.·
2022-06-06
The Delaware Superior Court denied Edward Benson's motion for postconviction relief, finding that his claims of ineffective assistance of counsel and other errors were either procedurally barred, waived by his guilty plea, or factually unsubstantiated. The court emphasized that a
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Fla. 1st DCA·
2021-10-06
The appellate court affirmed the denial of postconviction relief for Willie Mae Thornton, who claimed her trial counsel was ineffective. Thornton argued counsel should have moved to suppress her confession, made after detectives mentioned her son could face the death penalty, or
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M.D. Fla.·
2021-09-10
The court held that the petitioner's claims were procedurally defaulted or barred, and the state court's denial of relief was not contrary to or an unreasonable application of federal law.
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Del.·
2021-06-17
The Delaware Supreme Court reversed and vacated the defendant's conviction for Murder Second Degree, holding that the defendant presented sufficient new evidence to establish a strong inference of actual innocence, thereby overcoming procedural bars to his successive postconvicti
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S.D. Fla.·
2021-05-03
The court held that a petition filed under 28 U.S.C. § 2241 is not the proper vehicle for claims seeking monetary relief for alleged violations of constitutional rights and conditions of confinement.
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Fla. 1st DCA·
2021-03-31
The appellate court affirmed the trial court's denial of a postconviction motion. The motion was based on newly discovered evidence in the form of a recantation by the defendant's mother, but the court found the trial court's credibility determination against the recantation was
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M.D. Fla.·
2021-01-11
The court held that the applicant's claim of ineffective assistance of counsel for failing to suppress pre-Miranda statements was procedurally barred due to failure to exhaust state remedies and present the specific factual basis to the state court. Even on the merits, the claim
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Fla. 1st DCA·
2020-08-17
The appellate court reversed a lower court's denial of a postconviction motion, finding that the defendant was entitled to an evidentiary hearing on his claim of ineffective assistance of counsel. Specifically, counsel's failure to move to suppress statements made before Miranda
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268 So. 3d 806·
Fla. 4th DCA·
2019-04-17
A confession is involuntary and inadmissible when an officer, without making an express quid pro quo promise, engages in a pattern of conduct—including repeated assertions that invoking self-defense is the defendant's "only out" and misrepresentations of law—that creates unrealis
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2017 U.S. Dist. LEXIS 37411·
S.D. Fla.·
2017-03-10
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193 So. 3d 88·
Fla. 3d DCA·
2016-05-18
Tyler Darnell appeals his convictions for second degree murder and attempted second degree murder, challenging the denial of his motion to suppress his videotaped confession, the admission of hearsay testimony identifying him as fleeing the crime scene, and the denial of his moti
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Del. Super. Ct.·
2015-02-25
The Court summarily denies the defendant's motion for postconviction relief. The defendant's claims are procedurally barred as they were either formerly adjudicated on appeal or not raised in prior proceedings. Even if not barred, the claims lack merit and do not meet the pleadin
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Del. Super. Ct.·
2014-11-17
The Court denied the defendant's motion for postconviction relief and request for an evidentiary hearing. The Court found that the defendant's claims were either procedurally barred, vague, or lacked merit. The defendant's guilty plea was deemed knowing, intelligent, and voluntar
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138 So. 3d 1127·
Fla. 2d DCA·
2014-05-14
Clevon Ghent challenges a postconviction court's denial of his Rule 3.850 motion alleging ineffective assistance of counsel for failure to move to suppress his confession. The appellate court reverses because the attachments to the postconviction court's order do not conclusively
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125 So. 3d 218·
Fla. 4th DCA·
2013-02-06
The court held that the trial court erred in summarily denying the motion for postconviction relief without an evidentiary hearing.
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53 So. 3d 393·
Fla. 5th DCA·
2011-02-04
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942 So. 2d 980·
Fla. 4th DCA·
2006-11-29
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Del. Super. Ct.·
2004-08-22
The court denied the defendant's motions for postconviction relief, finding that most claims were procedurally barred and that the remaining claims lacked merit. The court determined that the defendant's due process rights were not violated, his sentence was not cruel and unusual
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777 So. 2d 431·
Fla. 2d DCA·
2000-12-27
Jesse Reid appealed the summary denial of his Rule 3.850 postconviction relief motion challenging his 1996 capital sexual battery conviction. The appellate court reversed and remanded because the trial court failed to address two ineffective assistance of counsel claims regarding
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761 So. 2d 1162·
Fla. 2d DCA·
2000-06-07
The court affirmed the defendant's convictions but remanded for resentencing because the sentencing guidelines used were unconstitutional.
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74 F. Supp. 2d 1226·
S.D. Fla.·
1999-09-08
The court held that the Antiterrorism and Effective Death Penalty Act (AEDPA) applies to the habeas petition, the petition is timely, and the state court's adjudication of the Brady violation claim was not contrary to or an unreasonable application of federal law.
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19 F. Supp. 2d 1337·
S.D. Fla.·
1998-08-28
The court held that the magistrate erred in certifying extradition because the evidence of torture and coerced statements, which obliterated probable cause, should have been fully considered.
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908 F. Supp. 923·
S.D. Fla.·
1995-11-27
The court held that polygraph examination results are admissible to corroborate or impeach a witness's testimony, provided certain conditions under the Federal Rules of Evidence are met, and that a single polygraph result can be sufficient under FRE 608(a).
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644 So. 2d 1038·
Fla. 3d DCA·
1994-11-23
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650 So. 2d 969·
Fla.·
1994-11-23
Rodney Lowe was convicted of first-degree murder and sentenced to death for shooting convenience store clerk Donna Burnell during an attempted robbery. The Florida Supreme Court affirmed his conviction and death sentence, rejecting claims that his confession was obtained improper
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999 F.2d 47·
2d Cir.·
1993-07-15
The court held that the district court did not err in admitting the defendant's statements, as a fair hearing on voluntariness was provided and the finding of voluntariness was not clearly erroneous.
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998 F.2d 349·
6th Cir.·
1993-07-06
The court held that a coerced confession must be suppressed, but the admissibility of evidence discovered as a result of that confession should be determined under the inevitable discovery exception.
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991 F.2d 1218·
5th Cir.·
1993-05-27
A federal court on habeas review may consider a confession admitted at trial, even if a state appellate court later held it inadmissible under state law, provided its admission did not violate federal constitutional standards.
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612 So. 2d 683·
Fla. 1st DCA·
1993-01-21
The appellate court reversed an order denying a motion for post-conviction relief. The defendant claimed ineffective assistance of counsel and a coerced confession. The court found the ineffective assistance claims facially sufficient and remanded because the trial court failed t
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983 F.2d 1540·
10th Cir.·
1993-01-20
Statements made by a defendant during an interrogation are inadmissible if coerced, regardless of whether they constitute a full confession or merely an admission.
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911 F.2d 494·
11th Cir.·
1990-08-22
The court held that the district court erred in denying the writ of habeas corpus after finding counsel's failure to suppress confessions was unreasonable, as prior rulings established prejudice.
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863 F.2d 30·
8th Cir.·
1988-12-15
The court held that the appellant's third habeas corpus petition did not constitute an abuse of the writ, but that his claims of involuntariness were belied by the plea transcript.
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782 F.2d 489·
5th Cir.·
1986-02-10
The court held that the district court's findings of fact were not clearly erroneous and the record supported the conclusion that the confession and guilty plea were voluntary.
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688 F.2d 940·
3d Cir.·
1982-09-28
The court held that the pro se complaint was improperly dismissed for failure to state a claim, as it sufficiently alleged constitutional violations.
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685 F.2d 139·
5th Cir.·
1982-09-03
The court held that the petition for panel rehearing is denied because the issues raised were previously considered and found without merit, and the prior rulings were correct.
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482 F.2d 301·
6th Cir.·
1973-07-17
The court held that the petitioner's claims of prejudice from a co-defendant's confession, coerced confession, denial of severance, and denial of appeal were without merit.
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265 So. 2d 389·
Fla. 2d DCA·
1972-08-02
Appellant Leon Gayle pleaded guilty to five robbery counts and was sentenced to terms of hard labor. He filed a post-conviction motion alleging failure to give Miranda warnings, coercion into confession, lack of understanding of his rights and the charges, and illegal line-up ide
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460 F.2d 313·
9th Cir.·
1972-05-25
The appellate court affirmed the district court's dismissal of the habeas corpus petition, agreeing that the state courts provided a full and fair hearing and that the confession was voluntary and properly admitted.
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453 F.2d 745·
2d Cir.·
1971-12-10
The court held that the petitioner's allegations of counsel's incompetence and misconduct were sufficient to require a hearing.
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451 F.2d 1209·
6th Cir.·
1971-11-24
The court held that the district judge did not err in denying the motion to vacate sentence without a hearing.
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445 F.2d 836·
5th Cir.·
1971-07-01
The court held that the lower court's findings of fact were not clearly erroneous and that the state trial court provided a full and fair hearing on the voluntariness of the confession.
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438 F.2d 1025·
9th Cir.·
1971-02-22
The court held that the state courts provided a full and fair hearing on the voluntariness of the confession, and a federal evidentiary hearing was not required.
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437 F.2d 395·
8th Cir.·
1971-02-09
A guilty plea based on reasonably competent advice is intelligent and not open to attack due to counsel's misjudgment on confession admissibility.
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437 F.2d 407·
9th Cir.·
1970-12-21
The court held that even if incriminating statements were improperly admitted, the evidence of flight, combined with possession of recently stolen goods, was sufficient to support the delinquency finding, rendering any error harmless.
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434 F.2d 23·
9th Cir.·
1970-11-12
A guilty plea, entered upon the advice of counsel, is valid if the advice was within the range of competence required of attorneys, even if the defendant was unaware of the admissibility of a coerced confession.