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845 F.2d 1385·
6th Cir.·
1988-04-26
·cited 6×
The court held that Calloway's confession was unconstitutionally admitted, but Cooper's confession was not. However, Cooper's Sixth Amendment rights were violated by the admission of Calloway's confession against him.
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794 F.2d 1516·
11th Cir.·
1986-07-25
·cited 6×
Denial of a free transcript to an indigent defendant is unconstitutional only if the transcript is valuable to the defense and no functional alternatives exist.
-
698 F.2d 13·
1st Cir.·
1983-01-10
·cited 6×
The court held that the petitioner's guilty plea was voluntary and valid, and the district court did not err in denying his motion to vacate the sentence.
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358 So. 2d 48·
Fla. 4th DCA·
1978-04-10
·cited 6×
Edgar Bullard appealed his conviction for receiving stolen property, challenging the admissibility of his confession on grounds that it was coerced by police promises not to prosecute. The court reversed because the trial judge failed to make a specific finding of voluntariness o
-
557 F.2d 1228·
6th Cir.·
1977-07-06
·cited 6×
The court held that the District Judge's reliance on the presumption of correctness under 28 U.S.C. § 2254(d) was misplaced because the state trial judge made no factual finding on the voluntariness of the confession.
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466 F.2d 483·
5th Cir.·
1972-08-18
·cited 6×
A guilty plea voluntarily and knowingly given waives all non-jurisdictional defects, and excessive bond is not grounds for a § 2255 motion.
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455 F.2d 679·
4th Cir.·
1972-02-07
·cited 6×
The admission of the trenchcoat, even if illegally seized, was harmless error beyond a reasonable doubt because the defendant admitted the act of intercourse and wearing the coat, and the coat's stains did not prejudice his defense.
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453 F.2d 1001·
3d Cir.·
1971-12-30
·cited 6×
The court held that the state court records were inadequate to justify the District Court's denial of the petition without an evidentiary hearing, requiring a remand.
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452 F.2d 1091·
9th Cir.·
1971-12-29
·cited 6×
The court held that a guilty plea is valid even if induced by a prior coerced confession, provided the plea itself was voluntary and intelligently entered with competent counsel. It also held that the prospective application of a reduced criminal penalty does not violate equal pr
-
444 F.2d 3·
10th Cir.·
1971-06-07
·cited 6×
The court held that the district court's finding of a coerced guilty plea was supported by the evidence, but the order for immediate discharge was improper.
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437 F.2d 120·
9th Cir.·
1971-01-22
·cited 6×
The court affirmed the denial of the habeas corpus petition, finding no error in the district court's decision.
-
438 F.2d 320·
2d Cir.·
1971-01-11
·cited 6×
The dissenting judge would reverse the order below, disagreeing with the majority's decision to override New York courts.
-
433 F.2d 983·
5th Cir.·
1970-11-05
·cited 6×
The court held that the admission of the gun was proper and the Jackson v. Denno claim was without merit, but remanded the coerced confession claim for further findings.
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429 F.2d 524·
5th Cir.·
1970-07-22
·cited 6×
The court held that the district court must make findings of fact and conclusions of law regarding the fundamental fairness of the petitioner's trial, including evidence of witness intimidation and racial prejudice.
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413 F.2d 1019·
6th Cir.·
1969-07-22
·cited 6×
The court held that a delayed appeal on the merits of the conviction is an available remedy that must be pursued to exhaust state remedies, even if subject to court discretion.
-
411 F.2d 177·
2d Cir.·
1969-05-12
·cited 6×
The court held that the defendant raised at least two non-frivolous grounds for collateral attack on his conviction, warranting a hearing.
-
408 F.2d 629·
5th Cir.·
1969-02-19
·cited 6×
The court held that the district court's findings were not clearly erroneous and affirmed the denial of the petition for a writ of habeas corpus.
-
213 So. 2d 462·
Fla. 1st DCA·
1968-08-20
·cited 6×
Three defendants appealed a denial of their petition to vacate death sentences for first-degree murder, challenging the admissibility of their confessions on grounds of coercion. The Florida District Court of Appeal affirmed, holding that the confessions were voluntarily given ba
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397 F.2d 131·
3d Cir.·
1968-07-02
·cited 6×
The dissenting judge would reverse the judgment and grant a new trial regarding the appellants' degree of guilt.
-
396 F.2d 862·
2d Cir.·
1968-06-06
·cited 6×
The court held that the district court erred in dismissing the habeas corpus petition without a hearing, as the petitioner made a sufficient showing that he may have been denied the means to adequately develop facts at the state court hearing.
-
204 So. 2d 26·
Fla. 1st DCA·
1967-10-31
·cited 6×
This case involves an appeal from an order denying a motion to set aside a conviction for breaking and entering with intent to commit grand larceny. The appellant argued his guilty plea was involuntary due to his codefendant's confession, but the court found the plea was voluntar
-
378 F.2d 324·
9th Cir.·
1967-05-23
·cited 6×
A conviction following a guilty plea is based solely on the plea, not on prior evidence, and forecloses collateral attack unless the plea was coerced.
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367 F.2d 945·
4th Cir.·
1966-09-26
·cited 6×
The court held that the petitioner's confession was involuntary due to coercive interrogation tactics and his intellectual deficiencies, thus violating his due process rights.
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338 F.2d 201·
4th Cir.·
1964-10-29
·cited 6×
The court held that the denial of the petitioner's requests to contact counsel before and during interrogation violated his Sixth and Fourteenth Amendment rights.
-
326 F.2d 402·
7th Cir.·
1964-01-08
·cited 6×
The district court was not required to hold an evidentiary hearing on the petitioner's claims of constitutional violations.
-
274 F.2d 250·
7th Cir.·
1960-01-13
·cited 6×
The dissenting judge holds that the defendant's confessions were the product of psychological coercion and deprivation, violating his due process rights under the Fourteenth Amendment.
-
271 F.2d 552·
7th Cir.·
1959-10-23
·cited 6×
The dissenting judge holds that the defendant was denied due process of law and a fair trial.
-
264 F.2d 424·
7th Cir.·
1959-03-20
·cited 6×
The court held that a state prisoner seeking federal habeas corpus relief has exhausted state remedies when the state's highest court has already ruled on the federal constitutional question presented, even if a different state post-conviction procedure exists.
-
236 F.2d 203·
9th Cir.·
1956-07-10
·cited 6×
The court held that the appellant's confession was not coerced and was sufficiently corroborated by independent evidence, making its admission into evidence proper.
-
198 F.2d 860·
9th Cir.·
1952-08-21
·cited 6×
The court held that the district court correctly denied the habeas corpus application because the petitioner failed to exhaust state remedies on some issues and no error was found on others.
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191 F.2d 360·
9th Cir.·
1951-08-31
·cited 6×
The court certified probable cause for appeal and stayed the execution, finding substantial questions regarding the denial of habeas corpus relief based on alleged coerced confession.
-
174 F.2d 120·
8th Cir.·
1949-04-19
·cited 6×
The court held that errors in admitting evidence at trial must be raised on direct appeal, not in a motion to vacate sentence.
-
135 F.2d 974·
6th Cir.·
1943-06-04
·cited 6×
Federal courts may not be precluded by state procedural limitations from considering constitutional claims in habeas corpus petitions, especially concerning coerced confessions or newly discovered evidence of innocence.
-
75 Fla. 229·
Fla.·
1918-02-05
·cited 6×
John Wells was convicted of receiving stolen goods knowing them to be stolen. On appeal, Wells challenged the trial court's denial of a directed verdict, admission of certain testimony, sufficiency of evidence, and prosecuting attorney misconduct. The Florida Supreme Court affirm
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838 So. 2d 1192·
Fla. 2d DCA·
2003-01-31
·cited 5×
Clifford Earl Thomas appeals his conviction for attempted second-degree murder, arguing that the trial court improperly commented on evidence critical to the defense by suggesting there was no unrecorded conversation between Thomas and the interrogating officer. The Second Distri
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579 So. 2d 200·
Fla. 2d DCA·
1991-04-19
·cited 5×
Earl Allen appealed the summary denial of his motion for postconviction relief. The court affirmed in part and reversed in part, holding that the trial court had jurisdiction to consider the motion despite a pending direct appeal, and remanding two viable ineffective assistance o
-
739 F. Supp. 1504·
S.D. Fla.·
1990-05-25
·cited 5×
Statements made by officers under threat of job termination are inadmissible unless knowingly and voluntarily waived, as the choice between job and self-incrimination is not a free choice.
-
543 So. 2d 316·
Fla. 5th DCA·
1989-05-04
·cited 5×
Smith appeals the denial of his Rule 3.850 motion for post-conviction relief, in which he claimed ineffective assistance of appellate counsel for failing to raise five issues on direct appeal of his cocaine trafficking conviction. The court affirmed the trial court's denial, hold
-
789 F.2d 167·
2d Cir.·
1986-04-30
·cited 5×
The court held that the district court erred by failing to make a finding as to whether the defendant made a knowing and intelligent waiver of his Fifth Amendment right against self-incrimination.
-
314 F.2d 238·
D.C. Cir.·
1962-12-20
·cited 5×
The court held that the trial court did not err by not holding a separate hearing on the voluntariness of the confession, as the defense never requested one.
-
6 So. 3d 1251·
Fla. 2d DCA·
2009-03-06
·cited 4×
Henry Mondy appeals the summary denial of his Rule 3.850 postconviction motion claiming ineffective assistance of counsel. The court affirms the denial of his first claim but reverses and remands his second claim regarding counsel's failure to move to suppress allegedly coerced c
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853 So. 2d 1099·
Fla. 4th DCA·
2003-08-13
·cited 4×
Jeantilus challenged his conviction on eighteen grounds of ineffective assistance of counsel, claiming his trial attorney failed to properly challenge the admissibility of his confession. The court found that only one ground—failure to ensure a proper record regarding the confess
-
795 So. 2d 101·
Fla. 5th DCA·
2001-04-27
·cited 4×
Michael McCord, a mentally retarded defendant, appealed the summary denial of his post-conviction relief motion under Florida Rule 3.850, challenging his nolo contendere plea to two counts of attempted sexual battery. The Fifth District Court of Appeal affirmed the denial, reject
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934 F.2d 419·
2d Cir.·
1991-05-28
·cited 4×
A state court must be given fair warning of the federal nature of a petitioner's claim before it can be considered exhausted, and procedural defaults in state court bar federal habeas review unless cause and prejudice are shown.
-
600 F.2d 728·
9th Cir.·
1977-04-18
·cited 4×
The court held that the petitioner failed to meet his burden of proving ineffective assistance of counsel, as his counsel's advice to plead guilty was within the range of competence demanded of attorneys in criminal cases.
-
305 So. 2d 235·
Fla. 2d DCA·
1974-12-18
·cited 4×
Webber was convicted by jury of conspiracy to commit kidnapping and sentenced to 15 years, but the appellate court reversed for a new trial due to two evidentiary errors: admission of evidence of an unrelated similar crime and admission of statements obtained in violation of Mira
-
484 F.2d 467·
5th Cir.·
1973-09-19
·cited 4×
The court held that the district court did not err in denying the motion to suppress the confession, nor in refusing to declare a mistrial.
-
280 So. 2d 706·
Fla. 1st DCA·
1973-07-24
·cited 4×
Leo Land appeals his conviction for causing death by operation of a motor vehicle while intoxicated, challenging the trial court's denial of his motion for a new trial on the ground that he was denied an evidentiary hearing outside the jury's presence regarding the voluntariness
-
465 F.2d 959·
9th Cir.·
1972-07-14
·cited 4×
The court held that even if a photographic identification procedure was impermissibly suggestive, the conviction could be affirmed if there was sufficient independent evidence connecting the appellant to the crime.
-
460 F.2d 210·
5th Cir.·
1972-05-16
·cited 4×