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441 F.2d 549·
5th Cir.·
1971-04-23
·cited 13×
A guilty plea waives non-jurisdictional defects, and a plea to avoid the death penalty is not involuntary.
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167 So. 2d 38·
Fla. 3d DCA·
1964-08-25
·cited 13×
A civil engineer charged with accepting a bribe through a go-between was discharged via habeas corpus by the circuit court, which held that the information failed to state a crime and that he had acquired immunity from prior interrogation. The Florida appellate court reversed, ho
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877 So. 2d 912·
Fla. 4th DCA·
2004-07-21
·cited 12×
The appellate court held that the defendant's claim regarding inadequate Miranda warnings was not preserved for review because it was not specifically raised in the trial court. The court also found no fundamental error.
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883 F.2d 900·
11th Cir.·
1989-08-22
·cited 12×
Gerald Eugene Stano appealed the denial of his federal habeas corpus petition challenging his death sentence for the 1983 murder of Cathy Scharf. Stano raised fourteen constitutional claims, including Brady violations for suppressed exculpatory evidence, restrictions on presentin
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879 F.2d 1276·
5th Cir.·
1989-08-14
·cited 12×
The court held that the petitioner's conviction and sentence were constitutional, and his claims regarding coerced confession, insufficient evidence, improper testimony, and failure to consider mitigating evidence were without merit or procedurally barred.
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766 F.2d 7·
1st Cir.·
1985-06-26
·cited 12×
The court held that the evidence was sufficient to support the conspiracy conviction, and that the trial court did not err in denying severance, suppressing statements, or admitting co-conspirator statements.
-
461 So. 2d 97·
Fla.·
1984-12-20
·cited 12×
Florida Supreme Court held that a store employee's detention of a suspected shoplifter does not constitute state action triggering Fifth Amendment protections, thus allowing testimony about the suspect's silence during pre-arrest questioning. The court rejected the Third District
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693 F.2d 825·
8th Cir.·
1982-12-03
·cited 12×
A guilty plea is not subject to collateral attack based on a coerced confession unless counsel was ineffective, and there is no constitutional right to a jury determination of competency to stand trial or plead guilty.
-
542 F.2d 932·
5th Cir.·
1976-11-18
·cited 12×
The court held that the trial court did not err in denying the motion to suppress the confession and that there was sufficient evidence to support the enhanced sentence for placing a postal employee's life in jeopardy.
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429 F.2d 791·
3d Cir.·
1970-07-21
·cited 12×
A guilty plea, entered with competent counsel, generally precludes collateral attack on the plea based on a prior coerced confession, and failure to object to evidence at a degree-of-guilt hearing constitutes a waiver.
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427 F.2d 225·
2d Cir.·
1970-06-01
·cited 12×
The court held that the petitioner's confessions were voluntary and that he received a full and fair hearing in the state courts, thus affirming the denial of his federal habeas corpus petition.
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415 F.2d 1129·
5th Cir.·
1969-09-17
·cited 12×
The court held that the appellant was not denied effective assistance of counsel and his confession was not coerced, affirming the denial of his habeas corpus petition.
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396 F.2d 755·
5th Cir.·
1968-06-25
·cited 12×
The court held that a federal court cannot deny a habeas corpus petition based on non-exhaustion of state remedies without a finding that the petitioner deliberately bypassed those remedies.
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373 F.2d 506·
5th Cir.·
1967-02-21
·cited 12×
A hearing is required to determine if a guilty plea was involuntary due to a coerced confession and ineffective assistance of counsel.
-
364 F.2d 814·
10th Cir.·
1966-08-11
·cited 12×
The court held that the prisoner was not entitled to relief on his habeas corpus petition.
-
354 F.2d 472·
8th Cir.·
1966-01-04
·cited 12×
The court affirmed the denial of habeas corpus relief, finding that the petitioner was competent to stand trial and that additional claims were not subject to collateral review.
-
335 F.2d 230·
2d Cir.·
1964-07-21
·cited 12×
The court held that the lower court erred in dismissing the writ without a hearing and that the petitioner did not waive his constitutional rights by failing to object to illegally seized evidence.
-
259 F.2d 641·
8th Cir.·
1958-09-19
·cited 12×
The court held that the defendants' claims regarding lack of counsel, coerced confessions, and sentencing based on pending charges were without merit and did not entitle them to have their sentences vacated.
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208 F.2d 201·
9th Cir.·
1953-11-27
·cited 12×
The court held that it had jurisdiction to hear the appeal because the application for a certificate of probable cause was timely filed, and that the district court did not err in denying the habeas corpus petition without a hearing, as the allegations did not demonstrate a viola
-
150 F.2d 236·
8th Cir.·
1945-07-02
·cited 12×
A conviction based on tainted evidence, such as a coerced confession or guilty plea, cannot stand, even if other evidence might be sufficient.
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146 F.2d 244·
7th Cir.·
1944-12-08
·cited 12×
Federal courts should not deny a hearing on habeas corpus petitions alleging denial of federal constitutional rights, even if state remedies exist but are practically unavailable or inadequate.
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124 F.2d 587·
9th Cir.·
1941-12-20
·cited 12×
The court held that a material issue of fact was presented regarding threats inducing a guilty plea, requiring a hearing.
-
469 F.2d 390·
5th Cir.·
1972-11-15
·cited 11×
The court held that the petitioner's allegations, if true, entitle him to relief and an evidentiary hearing on his claims of coerced confession and ineffective assistance of counsel.
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385 F.2d 102·
5th Cir.·
1967-11-03
·cited 11×
The court held that the totality of circumstances surrounding the appellant's confessions did not demonstrate a violation of his constitutional rights, and the district court's denial of the writ of habeas corpus was correct.
-
187 So. 2d 669·
Fla. 3d DCA·
1966-06-14
·cited 11×
A claim of involuntary confession, if not raised on direct appeal, cannot be raised through a successive collateral attack under Rule I.
-
183 So. 2d 277·
Fla. 3d DCA·
1966-02-22
·cited 11×
The court held that the grounds raised in the appellant's second motion to vacate were either repetitious, not proper for collateral attack, or unsupported by evidence.
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286 F.2d 755·
5th Cir.·
1961-02-09
·cited 11×
The court held that a federal habeas corpus court may accept a state court's determination of the voluntariness of a confession if there is no 'vital flaw' in the state proceedings, even without conducting a de novo hearing.
-
279 F.2d 396·
2d Cir.·
1960-06-01
·cited 11×
The court held that the appellant's confessions were not coerced as a matter of law, and the jury instructions regarding voluntariness were constitutionally adequate.
-
105 So. 3d 660·
Fla. 1st DCA·
2013-01-30
·cited 10×
Kyle Walling, convicted of first-degree felony murder at age 16, appealed his mandatory life-without-parole sentence. The court reversed the sentence as unconstitutional under Miller v. Alabama, which prohibits mandatory LWOP for juveniles, but affirmed the conviction and rejecte
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844 So. 2d 728·
Fla. 5th DCA·
2003-05-09
·cited 10×
Justin Rogers was convicted of first-degree murder and sentenced to life imprisonment. On appeal, he challenged the trial court's erroneous decision to allow the State to reopen its case mid-trial and introduce a previously suppressed confession in response to defense counsel's c
-
846 F.2d 1182·
9th Cir.·
1988-05-23
·cited 10×
The court held that the trial judge did not err in denying the motion to suppress statements or in giving a Jewell instruction, affirming the conviction.
-
835 F.2d 1527·
5th Cir.·
1988-01-11
·cited 10×
A conviction will not be set aside due to delay in bringing a defendant before a magistrate unless the defendant shows prejudice from the delay.
-
432 F.2d 435·
5th Cir.·
1970-10-08
·cited 10×
The court held that the appellant's allegations entitled him to an evidentiary hearing and that venue was proper in the New Orleans Division.
-
423 F.2d 1137·
2d Cir.·
1970-03-26
·cited 10×
The court held that the petitioner failed to present sufficient particularized allegations and supporting material to warrant a federal habeas corpus hearing on the voluntariness of his guilty plea.
-
414 F.2d 1231·
6th Cir.·
1969-07-02
·cited 10×
The court held that the appellant had exhausted his state remedies because there was no clear Ohio Supreme Court interpretation allowing a delayed appeal from the Court of Appeals' denial of a delayed appeal.
-
408 F.2d 658·
2d Cir.·
1969-03-20
·cited 10×
The court should affirm the district court's denial of the petition without a hearing, as the claims are insubstantial.
-
407 F.2d 799·
9th Cir.·
1969-01-22
·cited 10×
The dissenting judge believes the majority misapplied Supreme Court precedent regarding the burden of proof in habeas corpus cases concerning coerced confessions.
-
402 F.2d 34·
9th Cir.·
1968-09-25
·cited 10×
The court held that the district court properly denied the petition for a writ of habeas corpus, affirming the conviction for attempting to bribe an officer.
-
382 F.2d 547·
3d Cir.·
1967-03-23
·cited 10×
The court held that the record must be enlarged and the petitioner must be accorded a hearing to determine the voluntariness of his guilty plea and confession.
-
368 F.2d 414·
9th Cir.·
1966-11-07
·cited 10×
The court held that the petition did not allege facts sufficient to show a violation of federal constitutional rights, thus denying habeas corpus relief.
-
364 F.2d 906·
9th Cir.·
1966-08-10
·cited 10×
The court held that while the Escobedo rule applies prospectively, new claims of coerced confession and inadequate counsel are not foreclosed by a guilty plea.
-
360 F.2d 30·
10th Cir.·
1966-04-19
·cited 10×
The court held that a prisoner not yet in custody for a federal sentence cannot use 28 U.S.C. § 2255 to attack that sentence, but may pursue relief via writ of error coram nobis if justice compels.
-
353 F.2d 103·
6th Cir.·
1965-12-03
·cited 10×
The court affirmed the district court's grant of habeas corpus, finding that the admission of a coerced confession violated due process and that the state's argument of waiver was unsupported.
-
325 F.2d 567·
10th Cir.·
1963-12-18
·cited 10×
The court held that the petitioner's confession was voluntary and admissible, affirming the denial of his federal habeas corpus petition.
-
296 F.2d 325·
5th Cir.·
1961-12-08
·cited 10×
The appellate court affirmed the district court's denial of the habeas corpus petition, finding no violation of the petitioner's constitutional rights.
-
185 F.2d 954·
9th Cir.·
1950-12-08
·cited 10×
The court held that a confession obtained prior to arraignment is inadmissible, even if voluntary, under the rule established in Upshaw.
-
158 F.2d 825·
10th Cir.·
1947-01-06
·cited 10×
The court held that the trial court's findings were sufficient to sustain the order discharging the writ of habeas corpus.
-
158 F.2d 652·
D.C. Cir.·
1946-12-30
·cited 10×
The court held that even if police made improper statements regarding relatives, the confessions were not rendered involuntary without a clear causal connection, and the jury was properly instructed.
-
141 F.2d 690·
3d Cir.·
1944-03-08
·cited 10×
The court held that a writ of habeas corpus cannot be used to raise issues concerning the admissibility of evidence that could have been raised on direct appeal.
-
139 F.2d 117·
9th Cir.·
1943-12-07
·cited 10×
The court held that a guilty plea entered with counsel present, even if preceded by confessions obtained in violation of McNabb, is valid if the confessions were not used in the proceedings where the plea was entered.