Involuntary Confession

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

• Jones v. Cupp
  452 F.2d 1091· 9th Cir.· 1971-12-29 ·cited 6×·via Coerced Confession
  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
• Ridge v. Turner
  444 F.2d 3· 10th Cir.· 1971-06-07 ·cited 6×·via Coerced Confession
  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.
• United States ex rel. Carl E. DeFLUMER, Jr. v. Mancusi
  443 F.2d 940· 2d Cir.· 1971-06-02 ·cited 6×
  The court held that the petitioner's guilty plea was constitutionally valid, despite claims regarding his confession, parental advice, and statutory age distinctions.
• MacKey v. Oberhauser
  437 F.2d 120· 9th Cir.· 1971-01-22 ·cited 6×·via Coerced Confession
  The court affirmed the denial of the habeas corpus petition, finding no error in the district court's decision.
• United States ex rel. Albert Jefferson v. Hon. Harold W. Follette
  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.
• Smith v. Beto
  433 F.2d 983· 5th Cir.· 1970-11-05 ·cited 6×·via Coerced Confession
  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.
• LEE v. Beto
  429 F.2d 524· 5th Cir.· 1970-07-22 ·cited 6×·via Coerced Confession
  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.
• MacKey v. Koloski
  413 F.2d 1019· 6th Cir.· 1969-07-22 ·cited 6×·via Coerced Confession
  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.
• United States ex rel. Burton N. Pugach v. Hon. Vincent R. Mancusi
  411 F.2d 177· 2d Cir.· 1969-05-12 ·cited 6×·via Coerced Confession
  The court held that the defendant raised at least two non-frivolous grounds for collateral attack on his conviction, warranting a hearing.
• Grady v. Boutwell, Jr.
  408 F.2d 629· 5th Cir.· 1969-02-19 ·cited 6×·via Coerced Confession
  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.
• Porter v. State
  214 So. 2d 73· Fla. 2d DCA· 1968-09-20 ·cited 6×
  The court held that the appellant's arguments on appeal were without merit and affirmed the lower court's decision.
• Young v. State
  213 So. 2d 462· Fla. 1st DCA· 1968-08-20 ·cited 6×·via Coerced Confession
  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
• Application of Michael Reynolds for a Writ of Habeas Corpus
  397 F.2d 131· 3d Cir.· 1968-07-02 ·cited 6×·via Coerced Confession
  The dissenting judge would reverse the judgment and grant a new trial regarding the appellants' degree of guilt.
• United States ex rel. Albert Jefferson v. Hon. Harold W. Follette
  396 F.2d 862· 2d Cir.· 1968-06-06 ·cited 6×·via Coerced Confession
  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.
• Logner v. State OF N.C.
  392 F.2d 222· 4th Cir.· 1968-03-21 ·cited 6×
  The court affirmed the District Court's orders, finding no error in its determination that the confession was involuntary and in its subsequent procedural rulings.
• Reed v. State
  204 So. 2d 26· Fla. 1st DCA· 1967-10-31 ·cited 6×·via Coerced Confession
  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
• Norris v. Wilson
  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.
• McFARLAND v. Wilson
  376 F.2d 852· 9th Cir.· 1967-04-17 ·cited 6×
  The court held that the totality of circumstances did not indicate the incriminating statements were involuntary and inadmissible.
• Jacobs v. Warden, Maryland Penitentiary
  367 F.2d 321· 4th Cir.· 1966-10-07 ·cited 6×
  The court held that the connection between the co-defendant's involuntary confession and the appellant's subsequent confession was too attenuated to render the appellant's confession involuntary.
• Smallwood v. Warden, Maryland Penitentiary
  367 F.2d 945· 4th Cir.· 1966-09-26 ·cited 6×·via Coerced Confession
  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.
• Miller v. Warden, Maryland Penitentiary
  338 F.2d 201· 4th Cir.· 1964-10-29 ·cited 6×·via Coerced Confession
  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.
• United States ex rel. v. Pate
  326 F.2d 402· 7th Cir.· 1964-01-08 ·cited 6×·via Coerced Confession
  The district court was not required to hold an evidentiary hearing on the petitioner's claims of constitutional violations.
• United States ex rel. Emil Reck v. Ragen
  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.
• Irvin v. Dowd
  271 F.2d 552· 7th Cir.· 1959-10-23 ·cited 6×·via Coerced Confession
  The dissenting judge holds that the defendant was denied due process of law and a fair trial.
• United States ex rel. Paul Crump v. Sain
  264 F.2d 424· 7th Cir.· 1959-03-20 ·cited 6×·via Coerced Confession
  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.
• Paquet v. United States
  236 F.2d 203· 9th Cir.· 1956-07-10 ·cited 6×·via Coerced Confession
  The court held that the appellant's confession was not coerced and was sufficiently corroborated by independent evidence, making its admission into evidence proper.
• Fouquette v. Bernard
  198 F.2d 860· 9th Cir.· 1952-08-21 ·cited 6×·via Coerced Confession
  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.
• Thomas v. Duffy
  191 F.2d 360· 9th Cir.· 1951-08-31 ·cited 6×·via Coerced Confession
  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.
• Story v. United States
  174 F.2d 120· 8th Cir.· 1949-04-19 ·cited 6×·via Coerced Confession
  The court held that errors in admitting evidence at trial must be raised on direct appeal, not in a motion to vacate sentence.
• Sharpe v. Commonwealth of Ky.
  135 F.2d 974· 6th Cir.· 1943-06-04 ·cited 6×·via Coerced Confession
  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.
• Wells v. State
  75 Fla. 229· Fla.· 1918-02-05 ·cited 6×·via Coerced Confession
  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
• Thomas v. State
  838 So. 2d 1192· Fla. 2d DCA· 2003-01-31 ·cited 5×·via Coerced Confession
  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
• Allen v. State
  579 So. 2d 200· Fla. 2d DCA· 1991-04-19 ·cited 5×·via Coerced Confession
  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
• United States v. Camacho
  739 F. Supp. 1504· S.D. Fla.· 1990-05-25 ·cited 5×·via Coerced Confession
  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.
• Smith v. State
  543 So. 2d 316· Fla. 5th DCA· 1989-05-04 ·cited 5×·via Coerced Confession
  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
• United States v. Jimenez
  789 F.2d 167· 2d Cir.· 1986-04-30 ·cited 5×·via Coerced Confession
  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.
• Crosby v. United States
  314 F.2d 238· D.C. Cir.· 1962-12-20 ·cited 5×·via Coerced Confession
  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.
• Mondy v. State
  6 So. 3d 1251· Fla. 2d DCA· 2009-03-06 ·cited 4×·via Coerced Confession
  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
• Cuervo v. State
  929 So. 2d 640· Fla. 5th DCA· 2006-05-12 ·cited 4×
  Juan Raul Cuervo appeals his conviction for attempted first-degree murder and burglary, arguing his confession was involuntarily obtained in violation of Miranda rights. The Florida Fifth District Court of Appeal affirms, holding that Cuervo's initial statements declining to spea
• Jeantilus v. State
  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
• Peterson v. State
  810 So. 2d 1095· Fla. 5th DCA· 2002-03-22 ·cited 4×
  Peterson was convicted of capital sexual battery and appealed on four grounds: involuntariness of his confession, admissibility under Florida's new corpus delicti statute for sexual abuse cases, admissibility of the child victim's recorded statements, and a late motion for new tr
• McCORD v. State
  795 So. 2d 101· Fla. 5th DCA· 2001-04-27 ·cited 4×·via Coerced Confession
  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
• State v. Harrell Elmore Franko, Jr.
  681 So. 2d 834· Fla. 1st DCA· 1996-10-15 ·cited 4×
  Florida's appeal of a suppression order is affirmed because the trial court properly found the defendant's confession was not freely and voluntarily given, and appellate review cannot reweigh the trial court's credibility determinations.
• Cook v. State
  638 So. 2d 134· Fla. 1st DCA· 1994-06-08 ·cited 4×
  On appeal from denial of a rule 3.850 motion for post-conviction relief, the First District Court of Appeal of Florida affirmed in part and reversed in part the trial court's rejection of Cook's claims of ineffective assistance of counsel in his first-degree murder conviction. Th
• State v. V.C. and R.S.
  600 So. 2d 1280· Fla. 3d DCA· 1992-06-23 ·cited 4×
  The trial court erred in suppressing the juveniles' statements obtained by the assistant principal. The statements were admissible because the record showed no evidence of coercion, the juveniles were not in custody as suspects, and the assistant principal was acting in his capac
• Gonzalez v. Sullivan
  934 F.2d 419· 2d Cir.· 1991-05-28 ·cited 4×·via Coerced Confession
  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.
• Aiken v. Spalding
  841 F.2d 881· 9th Cir.· 1988-01-21 ·cited 4×
  The court held that the habeas petition must be dismissed without prejudice for failure to exhaust state remedies, as new evidence was presented that had not been considered by state courts.
• Magby v. Donald Wawrzaszek & the Attorney Gen. of the State of Ariz.
  741 F.2d 240· 9th Cir.· 1984-08-21 ·cited 4×
  The court held that the district court erred in finding procedural default on the involuntariness claim, and remanded for consideration of that claim on the merits.
• Vance v. Bordenkircher
  692 F.2d 978· 4th Cir.· 1982-11-12 ·cited 4×
  The dissenting judge argues that the totality of circumstances, including the defendant's youth, low intelligence, and prolonged interrogation without counsel, renders his confession involuntary and a violation of due process.
• Conquest v. Mitchell
  618 F.2d 1053· 4th Cir.· 1980-04-08 ·cited 4×
  The court held that the defendant's Fifth Amendment rights were not violated by the admission of testimony from a psychiatrist who examined him at the request of his own lawyer.