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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The court held that the denial of counsel at a capital case arraignment and the denial of counsel at a post-conviction proceeding require further hearings, and that a coerced confession claim must be examined based on attendant circumstances.
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211 So. 2d 74·
Fla. 2d DCA·
1968-05-31
·cited 22×
Henry Leroy Bogan appealed the denial of his petition to vacate a manslaughter conviction, alleging police brutality in obtaining a confession, use of perjured testimony by prosecution witnesses, withholding of exculpatory evidence, and inadequate defense counsel. The appellate c
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369 F.2d 90·
10th Cir.·
1966-11-29
·cited 22×
The court held that a federal prisoner is not entitled to an evidentiary hearing on a § 2255 petition if the record conclusively shows he is not entitled to relief.
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180 So. 2d 477·
Fla. 3d DCA·
1965-11-30
·cited 22×
The court held that a defendant's claim of being a minor at trial without parental notification requires an evidentiary hearing, and a claim of a forced confession cannot be raised via a motion for relief.
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The court held that a voluntary guilty plea waives prior constitutional violations, and the district court's findings of no coercion and a voluntary plea were supported by substantial evidence.
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The court held that the defendants' sentences must be vacated because they were not afforded the right of allocution prior to sentencing as required by Rule 32(a) F.R.Crim.P.
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The court held that the indictments were sufficient and that the evidence, including a confession, supported the convictions for conspiracy and making false statements under the Selective Training and Service Act.
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809 F.2d 463·
8th Cir.·
1987-01-12
·cited 21×
The court held that the testimony of witnesses discovered through lawful means, even if obtained after police misconduct, is admissible under the independent source doctrine. The admission of marijuana was error but harmless, and prosecutorial remarks did not render the trial fun
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A defendant convicted of grand larceny appeals, arguing his confession should have been suppressed. The court agrees, finding the officer improperly induced the confession through threats to arrest the defendant's wife and promises to charge only one count, violating the requirem
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Johnny Smith was convicted of first-degree murder without mercy recommendation. The Florida Supreme Court affirmed his conviction, rejecting challenges to the jury selection process, the admission of testimony regarding his demeanor after the crime, the admissibility of his confe
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The Florida Supreme Court reverses a lower court decision denying a writ of error coram nobis in a capital murder case, finding that confessions obtained through prolonged, persistent interrogation were not freely and voluntarily made and that the trial judge improperly instructe
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Donald Wilson appeals the summary denial of his Rule 3.850 postconviction relief motion. The appellate court affirms in part and reverses in part, finding that two of Wilson's ineffective assistance of counsel claims are facially sufficient and require an evidentiary hearing, whi
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857 So. 2d 1002·
Fla. 5th DCA·
2003-10-31
·cited 20×
A 16-year-old defendant appealed the denial of his motion to suppress a confession, arguing his statements were involuntary because he was not given an opportunity to speak with his mother before police questioning. The Florida appellate court affirmed, holding that there is no c
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The court held that the defendant's confession was voluntary and the evidence was sufficient to sustain the conviction, affirming the denial of federal habeas relief.
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829 F.2d 714·
9th Cir.·
1987-03-16
·cited 20×
The court held that the prosecutor's opening statement improperly vouched for a witness's credibility, but this error was harmless. The court also held that a mistrial was declared out of manifest necessity, thus retrial did not violate double jeopardy.
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The State appeals the trial court's suppression of confessions and evidence from two robbery suspects, challenging the court's finding that their detention was unreasonable. The appellate court reverses, holding that the officers' 20-40 minute detention pending victim identificat
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452 F.2d 350·
7th Cir.·
1971-11-19
·cited 20×
The district court did not abuse its discretion in granting a writ of habeas corpus based on an involuntary confession, as res judicata does not apply to successive petitions and the facts supported a finding of involuntariness.
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The court held that the District Court did not err in denying a federal evidentiary hearing on the habeas corpus petition, as the state record was adequate and the appellant's claims lacked sufficient credible evidence.
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409 F.2d 1042·
2d Cir.·
1969-02-26
·cited 20×
A habeas corpus petition must allege facts showing not only that a confession was coerced, but also that the guilty plea was involuntary due to the confession.
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The court held that the district court did not err in denying a further evidentiary hearing on the appellant's successive motion to vacate his judgment and sentence.
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The court held that the appellant had not exhausted his state remedies because he had not utilized the available Kansas post-conviction relief procedures.
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The exclusionary rule announced in Escobedo v. Illinois is not to be applied retrospectively.
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The court held that statements made by a defendant during a lengthy detention, after being denied counsel and witnessing the brutal treatment of a co-defendant, were coerced and thus involuntary, violating due process.
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Habeas corpus is not available to review courts-martial decisions unless there has been a gross violation of constitutional rights that affects the tribunal's basic power to render judgment.
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The court held that the trial court's finding that the appellant's guilty pleas were freely, intelligently, and voluntarily entered was amply supported by the evidence.
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The court held that the majority erred in treating the voluntariness of a confession as a question of fact, thereby deferring to state court findings, when Supreme Court precedent establishes it as a mixed question of law and fact requiring independent federal review.
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The court adhered to its prior decision, finding the refusal to answer grand jury questions unjustified despite claims of coerced confession.
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469 F.2d 148·
5th Cir.·
1972-10-31
·cited 18×
The court held that a district court must conduct an evidentiary hearing when a motion to vacate a conviction raises a bona fide controversy of fact, and cannot rely solely on affidavits.
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447 F.2d 1297·
2d Cir.·
1971-08-13
·cited 18×
The court held that a federal habeas applicant who deliberately bypasses state court procedures, including failing to object to evidence or raise issues on appeal, may be denied relief.
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The court held that the district court must determine if all claims were raised in state courts and, if so, conduct evidentiary hearings on exhaustion, relief, and waiver of confession challenge.
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Conviction for income tax evasion will not be set aside on collateral attack based on subsequent Supreme Court rulings that federal gambling tax returns, admitted at trial without objection on self-incrimination grounds, were unconstitutionally compelled.
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The court held that a voluntary guilty plea entered with the advice of competent counsel waives all non-jurisdictional defects, and the appellant's claims did not demonstrate a miscarriage of justice.
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The court held that the petitioner's allegations, even if proven, did not establish a violation of federal constitutional rights sufficient to warrant a federal hearing on his habeas corpus petition.
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366 F.2d 580·
9th Cir.·
1966-08-29
·cited 18×
The court held that a guilty plea entered shortly after a coerced confession, without substantial removal of coercive conditions, is invalid under the Due Process Clause.
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352 F.2d 470·
4th Cir.·
1965-11-01
·cited 18×
A defendant's trial testimony admitting the homicide does not foreclose a collateral attack on the conviction based on prior constitutional violations, such as unlawful search or coerced confession.
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313 F.2d 393·
8th Cir.·
1963-01-31
·cited 18×
The court held that the petitioner failed to demonstrate that the generality of the voir dire examination, publicity, or other alleged errors constituted a denial of his constitutional right to a fair trial.
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The court found no constitutional rights of the defendants were violated and that the trial was fair and impartial.
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The court held that the Tax Court's findings that confessions were voluntary and assessments were not arbitrary or unreasonable were supported by sufficient evidence.
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The court held that claims not raised at trial or on direct appeal are waived and cannot be used to vacate a sentence under 28 U.S.C. § 2255.
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In the fifth appellate consideration of this murder case, the Florida Supreme Court affirmed convictions of four defendants for murder in the first degree, rejecting their challenge that confessions were coerced through brutality and duress. The Court held that the jury's resolut
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761 F.2d 405·
7th Cir.·
1985-05-02
·cited 17×
A person on bail is considered in custody for habeas corpus purposes, and the circuit court is the proper respondent, not the state's attorney. A retrial after a conviction reversal due to trial error does not violate double jeopardy.
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Failure to object to a coerced confession at trial, when done as a deliberate trial strategy to bypass state procedures, precludes a federal habeas corpus hearing on the confession's voluntariness, even if the trial occurred before Jackson v. Denno.
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Lum Coleman appealed the denial of his motion to set aside a guilty plea and conviction for arson, arguing violations of equal protection and due process. The court affirmed the denial, finding no merit to Coleman's claims that pre-trial arrest and interrogation procedures violat
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A federal court cannot grant habeas corpus relief if the petitioner has not exhausted state remedies by presenting the same federal claims to state courts, and the claims themselves do not present grounds for federal relief.
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Under Fla.R.Crim.P. 3.850, a trial court must hold an evidentiary hearing or attach portions of the record conclusively refuting ineffective assistance claims; here, the trial court's bare denial without such materials or hearing on claims of failure to raise voluntary intoxicati
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The court held that the petitioner's confession was voluntary and that his Sixth Amendment right to counsel had attached but was validly waived. The court affirmed the denial of the habeas corpus petition.
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The court held that while the petitioner exhausted his Sixth Amendment claim, the per se rule from Solina v. United States does not apply when counsel is disbarred during a pretrial proceeding but withdraws upon learning of the disbarment and had no incentive to fear exposure fro