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963 F.2d 1044·
7th Cir.·
1992-05-14
·cited 9×
The court held that the Des Plaines confession was voluntary and that the Batson claim was barred by Teague v. Lane because Powers v. Ohio announced a new rule.
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831 F.2d 1547·
11th Cir.·
1987-11-13
·cited 9×
The court held that limiting cross-examination into a witness's potential deal with the state violated the Confrontation Clause and was not harmless error.
-
204 So. 2d 9·
Fla. 3d DCA·
1967-11-14
·cited 9×
Bryant appeals an order denying his Rule 1 petition for relief from a 1947 guilty plea to rape. The court affirmed the denial, holding that the trial court properly exercised discretion in conducting the evidentiary hearing without Bryant's physical presence and that Bryant faile
-
352 F.2d 418·
2d Cir.·
1965-11-08
·cited 9×
The court affirmed the lower court's decision, but the concurring judge expressed uncertainty about the reasoning regarding the voluntariness of a guilty plea.
-
246 So. 3d 524·
Fla. 3d DCA·
2018-05-09
·cited 8×
Although the prosecutor's characterization of defense counsel's closing argument as employing "tactic" constituted improper denigration of the defense, the error was harmless beyond a reasonable doubt because the comment was isolated, corroborating evidence existed, the jury rece
-
757 So. 2d 1217·
Fla. 4th DCA·
2000-03-15
·cited 8×
The court held that the trial court erred in summarily denying the defendant's motion for post-conviction relief without an evidentiary hearing on claims of failure to investigate an alibi and a coerced confession.
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691 So. 2d 43·
Fla. 1st DCA·
1997-04-04
·cited 8×
Court reversed denial of postconviction relief on ineffective assistance of counsel claim regarding failure to suppress allegedly coerced confession, finding factual allegations sufficient to require evidentiary hearing under Strickland.
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600 So. 2d 550·
Fla. 2d DCA·
1992-06-19
·cited 8×
The court held that the trial court erred in summarily denying the motion regarding the alleged failure to suppress a coerced confession and the failure to investigate exculpatory witnesses.
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939 F.2d 405·
7th Cir.·
1991-07-31
·cited 8×
The court held that a defendant's initial false statement to investigators, which was a denial of guilt, did not warrant a sentence enhancement for obstruction of justice, but false testimony under oath at a suppression hearing did.
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850 F.2d 894·
2d Cir.·
1988-06-20
·cited 8×
The court held that the totality of the circumstances, not just the presence of promises, determines confession voluntariness, and affirmed the denial of the habeas corpus petition.
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820 F.2d 654·
4th Cir.·
1987-06-08
·cited 8×
The court held that breaks in custody, changes in interrogation location and interrogators, and proper Miranda warnings vitiated an initial violation of the Edwards rule, and that subsequent confessions were voluntary.
-
806 F.2d 165·
8th Cir.·
1986-11-25
·cited 8×
The court should afford Hall an evidentiary hearing on his claim of newly discovered evidence.
-
793 F.2d 155·
7th Cir.·
1986-06-11
·cited 8×
The court held that the district court erred in applying 28 U.S.C. § 2254(d) to the ultimate issue of confession voluntariness, which is a question of law, not a finding of fact. The case must be reexamined in light of Miller v. Fenton.
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792 F.2d 770·
9th Cir.·
1986-05-09
·cited 8×
The court should remand for findings of fact and conclusions of law because the district court denied a suppression motion without adequate findings, making appellate review impossible.
-
418 So. 2d 1080·
Fla. 4th DCA·
1982-08-04
·cited 8×
A juvenile's confession was obtained after a police officer promised he would not be charged if he confessed. Although the officer later withdrew the promise when the juvenile was caught lying, the court held the subsequent confession inadmissible because the juvenile reasonably
-
682 F.2d 138·
7th Cir.·
1982-06-29
·cited 8×
The admission of Harrison's oral incriminating statements to police was harmless error beyond a reasonable doubt because his subsequent confession to a friend was nearly identical and admitted into evidence.
-
664 F.2d 181·
8th Cir.·
1981-11-18
·cited 8×
The court held that the state trial court's failure to conduct a pretrial competency inquiry did not violate federal constitutional standards because the facts presented did not raise a bona fide doubt as to the defendant's competence.
-
593 F.2d 230·
3d Cir.·
1979-02-21
·cited 8×
The court held that it has the power to remand a case to the district court for a determination of excusable neglect, even if appellate jurisdiction is uncertain.
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540 F.2d 1280·
5th Cir.·
1976-10-22
·cited 8×
The court affirmed the denial of habeas relief, finding no constitutional violations in the state court proceedings.
-
535 F.2d 361·
7th Cir.·
1976-05-05
·cited 8×
The court held that the arresting officers had probable cause to arrest the petitioner based on witness descriptions and the arresting officer's personal knowledge of the neighborhood and its inhabitants. The court also held that the state trial court adequately determined the vo
-
531 F.2d 15·
2d Cir.·
1976-01-30
·cited 8×
The court held that the government's use of a defendant's self-incriminating statements, obtained after a blanket promise of immunity from a government agent, violated the defendant's Fifth Amendment privilege against self-incrimination, even when used for rebuttal.
-
499 F.2d 695·
Ct. Cl.·
1974-06-19
·cited 8×
The court held that the Postal Reorganization Act did not affect jurisdiction over claims arising before its enactment and that the plaintiff's written statement was not coerced, thus admissible as evidence supporting his discharge.
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468 F.2d 606·
8th Cir.·
1972-10-04
·cited 8×
A guilty plea is valid if entered understandingly and voluntarily with competent counsel, even if influenced by a prior coerced confession.
-
440 F.2d 287·
D.C. Cir.·
1971-02-24
·cited 8×
The court held that the trial court did not err in directing a verdict for the appellees on the slander claim, nor in submitting the counterclaim to the jury, and that the handwriting sample was admissible.
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435 F.2d 1089·
4th Cir.·
1970-12-30
·cited 8×
A guilty plea is voluntary and intelligent if counsel's advice was within the range of competence demanded of attorneys in criminal cases, even if the defendant pleaded guilty due to a prior coerced confession.
-
434 F.2d 752·
6th Cir.·
1970-11-27
·cited 8×
A voluntary guilty plea, entered with competent counsel, waives all non-jurisdictional defects, including claims of prior constitutional violations or coerced confessions.
-
423 F.2d 167·
9th Cir.·
1970-03-02
·cited 8×
The court held that the district court correctly dismissed the habeas corpus petition because the petitioner's claims of coerced confession and incompetent counsel lacked merit.
-
215 So. 2d 489·
Fla. 3d DCA·
1968-11-05
·cited 8×
The appellate court reversed a lower court's denial of a prisoner's motion for post-conviction relief, finding that the prisoner was entitled to an evidentiary hearing on his claims of a coerced confession, lack of counsel at a preliminary hearing, and inadequate counsel.
-
386 F.2d 820·
5th Cir.·
1967-12-15
·cited 8×
The court held that a federal court must grant an evidentiary hearing on a habeas corpus petition alleging a guilty plea was induced by intimidation regarding prior convictions.
-
183 So. 2d 681·
Fla.·
1966-02-23
·cited 8×
A petitioner is not entitled to a second full evidentiary hearing on a motion to vacate if the record shows they had a full opportunity to present evidence and arguments at trial and at the prior hearing, especially when represented by counsel.
-
334 F.2d 441·
10th Cir.·
1964-07-24
·cited 8×
The court held that the trial court erred in applying requirements of diligence and a showing of a different retrial result to a motion to vacate sentence under 28 U.S.C. § 2255.
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295 F.2d 385·
2d Cir.·
1961-10-20
·cited 8×
The court held that the relator had not demonstrated exhaustion of state remedies, thus denying his application for habeas corpus.
-
285 F.2d 372·
8th Cir.·
1961-01-20
·cited 8×
The court held that the petitioner's claims did not demonstrate a denial of due process regarding the admissibility of his confessions, as the state court record supported the finding that the confessions were voluntary and counsel had opportunities to present evidence.
-
236 F.2d 770·
9th Cir.·
1956-08-06
·cited 8×
The court granted certificates of probable cause, allowing Burwell and Rogers to appeal the denial of their habeas corpus petitions.
-
207 F.2d 885·
2d Cir.·
1953-11-13
·cited 8×
The court denied the motion for leave to proceed in forma pauperis and for appointment of an attorney, and dismissed the appeal.
-
117 So. 3d 1137·
Fla. 3d DCA·
2012-12-05
·cited 7×
The court affirmed the conviction, finding no merit in the defendant's four appellate issues.
-
66 So. 3d 905·
Fla.·
2011-06-16
·cited 7×
On remand from the U.S. Supreme Court's reversal, the Florida Supreme Court reconsidered whether Miranda warnings adequately advised a suspect of his right to counsel during custodial interrogation. The Court held that warnings informing the suspect of his right to 'talk to a law
-
604 So. 2d 913·
Fla. 1st DCA·
1992-09-04
·cited 7×
Henry Walker appealed his sentence imposed after the trial court granted his motion for post-conviction relief challenging the legality of his sentence. The court held that both the original and corrected sentences were illegal because they impermissibly allowed probation to run
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188 So. 2d 392·
Fla. 3d DCA·
1966-06-28
·cited 7×
The court held that the appellant's testimony regarding a threat was insufficient as a matter of law to require a finding that his subsequent confession was involuntary, but the evidence was insufficient to support a grand larceny conviction.
-
340 F.2d 748·
9th Cir.·
1965-01-22
·cited 7×
The court held that a confession made after being informed of rights by the Commissioner and FBI agent, and without evidence of coercion, is admissible even if made while in custody and without counsel.
-
327 F.2d 311·
3d Cir.·
1963-07-17
·cited 7×
The court held that the statement obtained from Stanley Cassidy was not voluntary and therefore inadmissible under the due process clause of the 14th Amendment.
-
262 So. 3d 1·
Fla.·
2018-12-13
·cited 6×
The Florida Supreme Court reversed the conviction of LeShannon Jerome Shelly for first-degree murder, holding that detectives violated his Miranda rights by continuing to interrogate him after he unequivocally invoked his right to silence. The court established that the Welch sta
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980 So. 2d 1105·
Fla. 4th DCA·
2008-02-13
·cited 6×
The court held that statements made by the appellant after an officer threatened him with criminal charges for withholding information were inadmissible, and that testimony regarding a witness's statement to police was inadmissible hearsay.
-
2005 WL 2805562·
Del.·
2006-03-14
·cited 6×
The court held that no agreement existed limiting the State's use of the defendant's proffer statement to investigative purposes. The court found that the defendant's statement was made voluntarily, against the advice of counsel, and with the understanding that it would be corrob
-
906 So. 2d 1171·
Fla. 4th DCA·
2005-06-29
·cited 6×
Paul McNamee was convicted of two counts of premeditated first-degree murder, robbery with a firearm, burglary of a dwelling while armed, and grand theft of a firearm. On appeal, he challenged the trial court's denial of motions to suppress evidence obtained from a vehicle stop a
-
747 So. 2d 982·
Fla. 3d DCA·
1999-11-03
·cited 6×
Lloyd Jones appeals the denial of his post-conviction motion challenging his burglary conviction. The Third District Court of Appeal affirmed the summary denial, holding that Jones failed to demonstrate ineffective assistance of counsel under Strickland and that his claims were c
-
632 So. 2d 191·
Fla. 3d DCA·
1994-02-15
·cited 6×
William Charles Eason appeals the denial of his motion for postconviction relief following his conviction for aggravated assault with a firearm, robbery with a firearm, and firearm possession, and his sentencing as a habitual violent felony offender. The appellate court affirmed
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951 F.2d 117·
7th Cir.·
1991-12-16
·cited 6×
A confession is not rendered involuntary by a misunderstanding of collateral consequences or the silence of an officer regarding charges outside the scope of a non-prosecution agreement.
-
876 F.2d 655·
8th Cir.·
1989-06-02
·cited 6×
The court held that the defendant waived most of his claims by pleading guilty and that his remaining contentions were meritless.
-
857 F.2d 1204·
8th Cir.·
1988-09-26
·cited 6×
The court affirmed the district court's rejection of the defendant's claims of ineffective assistance of counsel and coerced confession.