Promise Of Leniency

59 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• United States v. Polizzi
  500 F.2d 856· 9th Cir.· 1974-04-30 ·cited 232×
  The court affirmed the convictions, holding that the appellants' conduct violated the federal Travel Act by engaging in a business enterprise involving gambling offenses under Nevada law, specifically by failing to disclose hidden interests in a licensed gambling operation to sta
• Jones v. State
  998 So. 2d 573· Fla.· 2008-12-23 ·cited 113×
  Harry Jones was convicted of first-degree murder and sentenced to death for a 1991 killing. The Florida Supreme Court affirmed the trial court's denial of his Rule 3.850 postconviction motion and denied his habeas corpus petition, finding no Brady/Giglio violations, no prejudicia
• Mastrian v. McMANUS
  554 F.2d 813· 8th Cir.· 1977-04-05 ·cited 82×
  The court held that the petitioner's constitutional rights were not violated by prejudicial publicity, illegal arrest, delay in habeas proceedings, or newly discovered evidence, and that the cumulative effect of errors did not deny due process.
• Baker v. State
  71 So. 3d 802· Fla.· 2011-07-07 ·cited 63×
  Cornelius Baker appeals his conviction and death sentence for the January 2007 first-degree murder, home invasion robbery, kidnapping, and fleeing from police in connection with the robbery and murder of Elizabeth Uptagrafft. The Florida Supreme Court affirms all convictions and
• Fillinger v. State
  349 So. 2d 714· Fla. 2d DCA· 1977-08-17 ·cited 53×
  Billie Ann Fillinger pleaded nolo contendere to grand larceny while reserving her right to appeal the denial of her motion to suppress her confession. The Florida District Court of Appeal reversed the trial court's denial of the suppression motion, finding that the confession was
• Branch v. Estelle
  631 F.2d 1229· 5th Cir.· 1980-12-04 ·cited 51×
  The court held that the petitioner was not entitled to federal habeas corpus relief on any of his claims, affirming the denial of his petition.
• Rubenstein v. State
  50 So. 2d 708· Fla.· 1951-02-20 ·cited 35×
  The Florida Supreme Court reversed a lower court's denial of a defendant's motion to withdraw his guilty plea. The court found that the plea was entered under a misunderstanding of the consequences, influenced by promises of probation, and thus justice would be better served by a
• Zaffarano v. United States
  330 F.2d 114· 9th Cir.· 1964-04-06 ·cited 34×
  The court held that the trial court did not abuse its discretion in denying the defendant's motion to withdraw his guilty plea.
• United States v. Hoyland
  264 F.2d 346· 7th Cir.· 1959-02-20 ·cited 32×
  A voluntary plea of guilty, entered with advice of counsel and full understanding of consequences, waives the right to challenge the conviction based on alleged coercion, double jeopardy, or jurisdictional defects.
• Jones v. United States
  384 F.2d 916· 9th Cir.· 1967-10-24 ·cited 31×
  Compliance with Rule 11 of the Federal Rules of Criminal Procedure does not conclusively bar a subsequent § 2255 petition alleging facts outside the arraignment record.
• United States v. Lacayo
  758 F.2d 1559· 11th Cir.· 1985-04-30 ·cited 26×
  The court held that the district court did not err in denying disclosure of the government's right to make a sentencing recommendation for co-defendants, admitting extrinsic act evidence, or admitting prejudicial evidence, and that prosecutorial misconduct did not rise to the lev
• United States v. King
  472 F.2d 1· 9th Cir.· 1972-08-24 ·cited 26×
  The court held that the introduction of taped conversations made with a consenting informant was permissible under the Fourth Amendment, and that the defendants' rights to counsel and against self-incrimination were not violated. Seized evidence was admissible, and the trial cour
• Brown v. State
  413 So. 2d 414· Fla. 5th DCA· 1982-04-14 ·cited 25×
  A confession obtained by promising to drop other felony charges is involuntary and inadmissible, even if the officer also requested truthfulness. The conviction is reversed, but remanded for new trial because out-of-court identifications of the defendant by witnesses, admissible
• Towne v. Dugger
  899 F.2d 1104· 11th Cir.· 1990-04-30 ·cited 22×
  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.
• Dermio v. State
  112 So. 3d 551· Fla. 2d DCA· 2013-04-05 ·cited 21×
  Adam Dermio appeals the denial of his motion to suppress evidence obtained during a warrantless entry into his parked car and his subsequent confession. The Florida Second District Court of Appeal affirms the denial, holding that the deputy's initial welfare check was lawful and
• McCLOUD v. State
  208 So. 3d 668· Fla.· 2016-11-17 ·cited 19×
  Robert McCloud was convicted of two counts of first-degree murder in connection with a home invasion robbery in Poinciana, Florida that resulted in the deaths of Dustin Freeman and Tamiqua Taylor. The Florida Supreme Court affirmed his murder convictions but vacated his death sen
• United States v. Pelton
  835 F.2d 1067· 4th Cir.· 1987-12-18 ·cited 18×
  The court held that the defendant's incriminating statements were voluntary and that the evidence supported his convictions for espionage and attempted espionage. The court also affirmed the constitutionality of FISA and its application in this case.
• United States v. Packer
  730 F.2d 1151· 8th Cir.· 1984-03-27 ·cited 18×
  The court held that the affidavit was sufficient to establish probable cause for the search warrant, statements made during a subsequent interrogation with counsel present were admissible, and the trial was timely under the Speedy Trial Act.
• Albritton v. State
  769 So. 2d 438· Fla. 2d DCA· 2000-09-20 ·cited 16×
  Paula Albritton was convicted of abusing a dead body after confessing to police that she mutilated a deceased man's body as part of a religious ritual. The appellate court reversed her conviction, finding that her confessions were involuntary because police made implied promises
• State v. Mullin
  286 So. 2d 36· Fla. 3d DCA· 1973-11-27 ·cited 16×
  Florida appealed the trial court's suppression of a defendant's confession, arguing that the officer's statement that he would inform the court and jury of the defendant's cooperation was not an inducement or threat that would vitiate the confession's voluntariness. The appellate
• State v. Walter
  970 So. 2d 848· Fla. 2d DCA· 2007-10-31 ·cited 15×
  The State appeals a trial court's suppression of Betty Jean Walter's statements made during a detective's initial investigation interview into alleged identity theft and fraudulent wireless service schemes. The appellate court reversed, holding that the detective's statements did
• Williams v. Withrow
  944 F.2d 284· 6th Cir.· 1991-09-11 ·cited 12×
  The court held that the district court correctly granted the habeas corpus petition because the suspect's statements were involuntary due to police coercion and promises of leniency, and their admission was not harmless error.
• United States v. Garot
  801 F.2d 1241· 10th Cir.· 1986-09-29 ·cited 12×
  The court held that the district court did not err in admitting the defendant's statements, admitting the government's exhibits, or in its cautionary instructions, and that the severance issue was not properly before the court.
• United States v. Silva
  449 F.2d 145· 1st Cir.· 1971-10-08 ·cited 12×
  The court held that consent to record a conversation, even if induced by a promise of leniency, is not involuntary unless it amounts to coercion or duress.
• E.C. v. State
  841 So. 2d 604· Fla. 4th DCA· 2003-04-02 ·cited 10×
  E.C., a juvenile charged with burglary and criminal mischief, pleaded no contest while reserving the right to appeal the denial of his motion to suppress. The court reverses because the detective's promise to handle the case administratively rendered E.C.'s confession involuntary
• Wittemen v. State
  735 So. 2d 538· Fla. 2d DCA· 1999-05-21 ·cited 10×
  Keith Wittemen appealed his convictions for premeditated first-degree murder, first-degree felony murder, and armed robbery. The appellate court reversed and remanded, finding that convictions for both premeditated and felony murder for a single murder violate double jeopardy, an
• Mosely v. State
  503 So. 2d 1356· Fla. 1st DCA· 1987-03-16 ·cited 10×
  James Mosely sought reversal of his marijuana possession conviction, challenging the trial court's denial of his motion to suppress statements made to a sheriff's deputy. The First District Court of Appeal reversed, finding the statements were obtained in violation of Miranda rig
• DAY v. State
  29 So. 3d 1178· Fla. 4th DCA· 2010-03-10 ·cited 9×
  Day was convicted of sexual battery and lewd conduct based on a confession obtained during police interrogation. The Fourth District Court of Appeal reversed, holding that the confession was involuntary because the investigating officer's repeated promises of help and implicit su
• Darius Duquan Bussey v. State
  184 So. 3d 1138· Fla. 2d DCA· 2015-10-14 ·cited 8×
  Darius Bussey appeals his first-degree murder conviction, challenging the trial court's denial of his motion to suppress custodial statements he made to detectives in Georgia. The appellate court reversed the conviction, finding that the detectives' repeated references to the dea
• United States ex rel. Rickie Cole v. Lane
  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.
• United States v. Hull
  441 F.2d 308· 7th Cir.· 1971-04-15 ·cited 8×
  The court held that the defendant's confession was involuntary and inadmissible due to the totality of the circumstances, including his mental state, prolonged and aggressive interrogation, and lack of basic needs.
• Huerta v. United States
  322 F.2d 1· 9th Cir.· 1963-08-23 ·cited 8×
  A promise of leniency by officers does not bar prosecution, and evidence of cooperation, if properly handled by the trial court, does not necessitate reversal.
• Grasle v. State
  779 So. 2d 334· Fla. 2d DCA· 2000-01-12 ·cited 7×
  Sherman Grasle appeals the denial of his motion to suppress a confession to armed robbery. The appellate court reversed, finding the confession was involuntarily given because the interviewing officer promised leniency and exploited their prior relationship to elicit incriminatin
• Puccio v. State
  440 So. 2d 419· Fla. 1st DCA· 1983-10-14 ·cited 7×
  Michael Puccio appeals the denial of his motion to suppress admissions about burglaries allegedly induced by police promises. The court affirmed, holding that the officers' qualified statements about cooperation—with clear disclaimers that charging decisions rested with the state
• Mayo v. Lynaugh
  882 F.2d 134· 5th Cir.· 1989-06-30 ·cited 6×
  The court held that the prisoner's constitutional rights were not violated and affirmed the denial of his habeas corpus petition.
• Hunter v. Swenson
  504 F.2d 1104· 8th Cir.· 1974-10-24 ·cited 6×
  The court affirmed the denial of habeas corpus, finding the confession voluntary and not induced by false promises of leniency.
• Jones v. Cupp
  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
• Reed v. Turner
  444 F.2d 206· 10th Cir.· 1971-06-07 ·cited 6×
  The court held that a guilty plea induced by promises of leniency is involuntary and subject to collateral attack, but the immediate release of the petitioner was an abuse of discretion.
• Earley v. United States
  381 F.2d 715· 9th Cir.· 1967-07-31 ·cited 6×
  The court held that the district court properly denied the § 2255 petition without a hearing because the record conclusively showed the prisoner was entitled to no relief.
• 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.
• State v. Carroll
  103 So. 3d 929· Fla. 2d DCA· 2012-11-09 ·cited 4×
  The court held that the detective's statements during the interrogation did not render the suspect's confession involuntary under the totality of the circumstances.
• Kennedy v. State
  641 So. 2d 135· Fla. 5th DCA· 1994-07-01 ·cited 4×
  Brian P. Kennedy appeals his conviction for first-degree felony murder, robbery, and grand theft of a motor vehicle, challenging the trial court's denial of his motion to suppress his confession. The court affirmed, holding that although the interrogating officer's reference to i
• FEX v. State
  386 So. 2d 58· Fla. 2d DCA· 1980-07-25 ·cited 4×
  Fex appealed his conviction on grounds that his confession was involuntary because it was obtained through promises of leniency regarding bail. The Florida District Court of Appeal agreed that the confession was inadmissible and reversed, holding that under established precedent,
• United States ex rel. Leyra v. Denno
  208 F.2d 605· 2d Cir.· 1953-11-24 ·cited 4×
  The dissenting judge believes the State failed to prove that promises of leniency did not continue to affect the defendant's later confessions, thus violating due process.
• Hanthorn v. State
  622 So. 2d 1370· Fla. 4th DCA· 1993-09-01 ·cited 2×
• Winfrey v. Wyrick
  836 F.2d 406· 8th Cir.· 1988-02-17 ·cited 2×
  A confession is voluntary if obtained in a manner compatible with constitutional requirements, considering the totality of the circumstances, even if the defendant has diminished mental capacity, as long as there is no evidence of state coercion.
• Parker v. State
  845 So. 2d 242· Fla. 5th DCA· 2003-05-02 ·cited 1×
  Melvin Parker was convicted of nine counts including first-degree murder, armed robbery, and attempted murder arising from two violent criminal incidents occurring hours apart in Daytona Beach and DeLand, Florida. The Fifth District Court of Appeal affirmed his convictions and li
• Squire v. State
  193 So. 3d 105· Fla. 4th DCA· 2016-05-25
  Rodney Squire appeals his convictions for attempted felony murder, attempted robbery, and aggravated battery, challenging the admissibility of his confession, a victim's statement, and BOLO evidence. The Fourth District reversed on the confession and BOLO issues but affirmed on t
• Robinson v. State
  175 So. 3d 887· Fla. 1st DCA· 2015-09-03
  Anthony Robinson appealed his convictions for attempted second-degree murder and firearm-related offenses, challenging the trial court's denial of his motion to suppress his confession and its ruling regarding a justifiable-use-of-deadly-force jury instruction. The appellate cour
• Clevon Ghent v. State
  138 So. 3d 1127· Fla. 2d DCA· 2014-05-14
  Clevon Ghent challenges a postconviction court's denial of his Rule 3.850 motion alleging ineffective assistance of counsel for failure to move to suppress his confession. The appellate court reverses because the attachments to the postconviction court's order do not conclusively