207 Florida cases classified under this topic, plus 489 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort
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15 So. 3d 852·
Fla. 1st DCA·
2009-07-29
·cited 31×
Benito Ramirez was convicted of first-degree murder after police obtained a 158-page videotaped confession during interrogation. The court reversed his conviction and remanded for a new trial, finding that the detective's repeated, vague offers of unspecified help rendered the co
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A district court may not summarily dismiss a habeas corpus petition alleging matters outside the record that, if true, could justify setting aside a guilty plea, without an evidentiary hearing.
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753 F.2d 840·
10th Cir.·
1985-01-28
·cited 30×
The court held that a police officer's actions in placing a person on a mental hold without probable cause and a prosecutor's participation in obtaining an involuntary confession can state constitutional claims under 42 U.S.C. § 1983.
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682 F.2d 154·
8th Cir.·
1982-04-23
·cited 30×
A defendant's waiver of counsel for a polygraph examination does not extend to subsequent post-test interrogation, and the government must prove a knowing and intelligent waiver for such interrogation.
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Confessions obtained after torture by foreign authorities are inadmissible in U.S. courts, even if given to U.S. agents, if the coercive effect of the prior torture continues.
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The court held that a trial court may summarily deny a Rule One petition if the allegations, even if true, fail to constitute valid grounds for collateral attack or are conclusively refuted by the record.
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A subsequent confession is inadmissible if it is the tainted fruit of prior illegally obtained confessions, unless the government proves otherwise.
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The court held that a confession obtained in violation of Rule 5(a) is inadmissible, even if obtained quickly after arrest.
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593 So. 2d 483·
Fla.·
1991-10-10
·cited 29×
Anthony Ponticelli appeals his convictions for the first-degree murder of two brothers, Ralph and Nick Grandinetti, and his sentences of death. The Florida Supreme Court affirmed both convictions and death sentences after reviewing Ponticelli's twelve appellate claims, finding su
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The court held that conditioning a sentencing reduction for acceptance of responsibility on an admission that would incriminate the defendant in a future state prosecution violates the Fifth Amendment privilege against self-incrimination.
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The Florida Supreme Court affirmed a second-degree murder conviction, holding that even if confessions were illegally obtained, there was sufficient other evidence to support the verdict. The court also rejected arguments regarding the appellant's youth, illiteracy, and the state
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The court held that the petitioner's guilty plea was voluntary and counsel was not ineffective, and that the indictment was sufficient and the confession claim was unsupported.
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The court held that the district court did not err in denying the defendants' motion for a new trial based on the alleged involuntary confession, as the defendants failed to provide a valid excuse for their untimeliness and the confession was not involuntary under the totality of
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The court held that a prisoner is not entitled to relief on a motion to vacate sentence when the motion, files, and records conclusively show no entitlement to relief, and a knowing, voluntary, intelligent guilty plea waives non-jurisdictional claims.
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The court held that the defendant's incriminating statements, including a confession, were admissible because they were voluntarily made after proper advisement of rights, even after initially refusing to sign a waiver form.
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A motion to vacate a sentence under 28 U.S.C. § 2255 cannot be used to collaterally attack a conviction based on a coerced confession if the defendant failed to take a direct appeal, absent government obstruction.
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The court affirmed the denial of the habeas petition, finding that the petitioner failed to meet his burden of proof regarding lack of counsel and that other claims were barred by unreasonable delay and prejudice under Rule 9(a).
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The court held that the defendant's statement was admissible and that the Federal Juvenile Delinquency Act, which provides for waiver of jury trial in juvenile proceedings, is constitutional.
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444 F.2d 724·
10th Cir.·
1971-07-06
·cited 27×
The court held that a woman who jointly occupied a motel room and held herself out as the appellant's wife had the authority to consent to a search of a zipper bag within the room.
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The court held that the defendant's incriminating statements were voluntary and admissible, and that the admission of his prior drug conviction, even if potentially improper, did not constitute reversible error.
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557 So. 2d 1365·
Fla.·
1990-03-08
·cited 26×
Michael Reilly was convicted of first-degree murder and sentenced to death. The Florida Supreme Court reversed and remanded for a new trial because a juror with knowledge of a suppressed confession was improperly retained despite defense counsel's motion to excuse for cause.
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593 F.2d 672·
5th Cir.·
1979-04-23
·cited 26×
The court held that the record supported the trial court and jury findings that the confessions were voluntarily made, and thus federal intervention was not justified.
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The court should not remand to explore testimony ambiguities not raised at trial.
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The court held that a habeas corpus petitioner's claims of an involuntarily entered guilty plea, denial of effective assistance of counsel, and denial of the right of allocution were correctly rejected by the district court.
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The dissenting judge would hold that a grand jury witness can refuse to answer questions derived from a coerced confession obtained through torture.
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495 F.2d 943·
D.C. Cir.·
1974-01-10
·cited 26×
The court affirmed the conviction, holding that the admission made in a noncustodial setting was voluntary, and any error in failing to instruct the jury on the weight of the admission was nonprejudicial.
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The court held that a conviction under 18 U.S.C. App. § 1202(a) requires proof of a nexus to interstate commerce, and that a confession obtained after police questioned the defendant's girlfriend, without explicit threats or promises, was voluntary.
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A conviction based on a guilty plea is not rendered involuntary solely because an inadmissible confession was obtained during allegedly illegal detention, especially when the plea was entered voluntarily after consultation with counsel.
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A district court's denial of a habeas petition without an evidentiary hearing was erroneous if it rested on legal errors rather than factual merits, and the ends of justice require reaching the merits of a subsequent petition.
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The court affirmed the denial of the habeas corpus petition regarding the conviction but remanded for a determination of issues raised by Witherspoon v. State of Illinois concerning the death sentence.
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710 So. 2d 62·
Fla. 3d DCA·
1998-03-25
·cited 24×
The court held that the evidence was sufficient to convict the defendant of armed robbery, armed kidnapping, and attempted second-degree murder, and that the crime of attempted second-degree murder is a valid offense.
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The court held that the admission of Clark's confession was reversible error because it was obtained in violation of his Fifth and Sixth Amendment rights, as he had previously invoked his right to counsel and the subsequent waiver was not voluntary. The court also found no denial
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The court held that the defendant's consent to search and subsequent confession were voluntary, not coerced, and that the jury instruction on reasonable doubt was proper.
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450 F.2d 232·
3d Cir.·
1971-09-20
·cited 24×
The court held that the petitioner failed to demonstrate that his arrest was illegal or that his statements were coerced, and therefore, he was not entitled to federal habeas corpus relief.
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405 F.2d 110·
9th Cir.·
1968-12-13
·cited 24×
A defendant's counsel can waive constitutional objections as a matter of trial strategy, and this waiver binds the defendant, even if the state court initially considered the merits of the waived claims.
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The court held that the appellant is entitled to a judicial determination of the voluntariness of his confession, as required by Jackson v. Denno, and that the rule in Jackson v. Denno is retroactive.
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The court held that the district court erred in summarily denying the habeas corpus petition without a hearing, as a new ground of systematic exclusion of Negroes from the grand jury was presented. The court found the facts regarding this exclusion undisputed and ordered the peti
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A voluntary and understanding guilty plea conclusively establishes all elements of the offense, rendering the admissibility of prior confessions immaterial.
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The court held that the district court erred in dismissing the appellant's petition for habeas corpus without an evidentiary hearing.
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The district court erred in dismissing the habeas corpus petition without a hearing, as the allegations of a coerced confession, if true, constitute a violation of due process.
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The court remanded for an evidentiary hearing to determine if a detective was part of the prosecution team and acted under the prosecutor's authority for Brady purposes, and for further consideration of a Sixth Amendment claim regarding an informant.
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The majority holds that the petitioner's guilty plea was voluntary, interpreting Brady v. United States to permit judicial participation in plea bargaining.
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A confession obtained after prolonged incommunicado detention and interrogation, in violation of the accused's right to counsel and under coercive circumstances, must be excluded.
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A voluntary and understanding guilty plea waives objections to prior constitutional violations, even if the plea was influenced by evidence obtained from those violations.
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Four defendants convicted of first-degree murder in the robbery and beating death of Robert M. Darsey appealed their death sentences. The Florida Supreme Court initially affirmed their convictions on the merits, but subsequently granted leave for them to petition for writ of erro
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The court held that a suspect's question to an officer about whether he should get a lawyer constitutes an equivocal request for counsel, requiring further questioning to cease until the request is clarified.
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The court held that the district court erred by denying the defendant's motion to dismiss the indictment without conducting a hearing to determine if the evidence the government intended to use was derived from legitimate independent sources, apart from the defendant's immunized
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646 F.2d 355·
9th Cir.·
1981-05-26
·cited 22×
The majority opinion holds that the Wainwright v. Sykes rule is not implicated by the defendant's jury instruction claim, and that even if it were, the defendant satisfied the cause and prejudice requirements. The dissent disagrees with both holdings.
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The court held that the strip search of Berry was supported by reasonable suspicion and that Rieves' statements were not coerced, affirming their convictions.
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The Florida appellate court reversed the trial court's decision to vacate death sentences for Pitts and Lee based on a Rule 1.850 collateral attack motion. Although the trial court found guilt pleas may have been coerced and evidence was suppressed, the appellate court held the e