Voluntariness Of Confession

2,083 Florida cases classified under this topic, plus 484 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• Traylor v. State
  596 So. 2d 957· Fla.· 1992-01-16 ·cited 651×
  The Florida Supreme Court addressed whether confessions obtained during police interrogation violated the state constitutional rights against self-incrimination and to counsel, ultimately finding the Alabama confession was unlawfully obtained but the error was harmless, while app
• Jones v. State
  709 So. 2d 512· Fla.· 1998-03-17 ·cited 505×
  Leo Alexander Jones, a death row inmate convicted of murdering Officer Thomas Szafranski in 1981, appealed the trial court's denial of his third motion for postconviction relief under Florida Rule of Criminal Procedure 3.850. The Florida Supreme Court affirmed the denial, rejecti
• Campbell v. State
  571 So. 2d 415· Fla.· 1990-06-14 ·cited 439×
  James Campbell was convicted of first-degree murder, attempted first-degree murder, burglary, robbery, and displaying a weapon in connection with a 1986 home invasion and stabbing that killed Billy Bosler and injured his daughter Sue Zann. The Florida Supreme Court affirmed the c
• Ramirez v. State
  739 So. 2d 568· Fla.· 1999-07-08 ·cited 402×
  The Florida Supreme Court reversed Nathan Ramirez's death sentence for the first-degree murder of Mildred Boroski, finding that his confession was obtained in violation of Miranda rights and that improper hearsay evidence regarding his codefendant's confession was admitted at tri
• Nickels v. State
  106 So. 479· Fla.· 1925-12-01 ·cited 347×
  Aubrey Lee Nickels was convicted of rape and sentenced to death. The Florida Supreme Court reversed the conviction and granted a new trial, finding that the trial court erred in excluding impeaching testimony regarding a physician's prior inconsistent statements about his examina
• Luck v. United States
  348 F.2d 763· D.C. Cir.· 1965-05-21 ·cited 293×
  The court held that a remand is necessary for a hearing on the voluntariness of the appellant's oral statement, even if the objection was initially frivolous.
• State v. Owen
  696 So. 2d 715· Fla.· 1997-05-08 ·cited 282×
  The Florida Supreme Court held that the U.S. Supreme Court's decision in Davis v. United States applies to Florida, requiring that suspects make clear and unequivocal invocations of Miranda rights before police must cease questioning. The court overruled its prior decision in Owe
• United States v. Bertie Alexander Wright
  873 F.2d 437· 1st Cir.· 1989-04-27 ·cited 252×
  The court affirmed the sentence, holding that the district court properly applied the Sentencing Guidelines and that various procedural and substantive objections raised by the appellant lacked merit.
• Fitzpatrick v. State
  900 So. 2d 495· Fla.· 2005-01-27 ·cited 245×
  Michael Peter Fitzpatrick was convicted of first-degree murder and sexual battery in the stabbing death of Laura Romines. The Florida Supreme Court affirmed his murder conviction and death sentence, finding overwhelming evidence of guilt including DNA evidence and eyewitness test
• United States v. Vera
  701 F.2d 1349· 11th Cir.· 1983-04-04 ·cited 225×
  The court held that the district court did not abuse its discretion in restricting voir dire, denying a challenge for cause, or in denying motions for judgment of acquittal based on insufficient evidence. The prosecutor's comments during closing argument were also deemed not prej
• Palmes v. State
  397 So. 2d 648· Fla.· 1981-03-05 ·cited 221×
  Timothy Palmes was convicted of first-degree murder and sentenced to death for the premeditated murder, robbery, and killing of James Stone in October 1976. The Florida Supreme Court affirmed both the conviction and the death sentence, finding that Palmes's confession was properl
• Morris v. State
  100 Fla. 850· Fla.· 1930-10-16 ·cited 207×
  Clyde Morris was convicted of murder in the second degree for his participation in a robbery-murder at a filling station. The Florida Supreme Court affirmed the conviction, holding that dying declarations were properly admitted, confessions were voluntary and admissible, and the
• Johnson v. State
  660 So. 2d 637· Fla.· 1995-07-13 ·cited 198×·via Involuntary Confession
  Emanuel Johnson was convicted of murdering 73-year-old Iris White and sentenced to death. The Florida Supreme Court affirmed the conviction and death sentence, rejecting challenges to the voluntariness of his confession, the validity of the search warrant, jury selection, present
• Busby v. Holman
  356 F.2d 75· 5th Cir.· 1966-01-31 ·cited 195×·via Coerced Confession
  The court did not issue a holding as this is a dissenting opinion.
• Pope v. United States
  372 F.2d 710· 8th Cir.· 1967-02-13 ·cited 192×
  The court's concurrence suggests that the denial of allocution in capital cases, as applied in this instance, may be an anachronistic outgrowth of historical legislation concerning punishment for willful murder.
• Martin v. State
  717 So. 2d 462· Fla.· 1998-06-11 ·cited 189×
  Pablo San Martin was convicted of first-degree murder of a police officer during a bank robbery and sentenced to death. The Florida Supreme Court affirmed his convictions but vacated the death sentence because the trial judge improperly overrode the jury's recommendation of life
• Pressley Alston v. State
  723 So. 2d 148· Fla.· 1998-09-10 ·cited 183×
  Pressley Alston was convicted of first-degree murder, armed robbery, and armed kidnapping in the death of James Lee Coon, a college student abducted during a robbery. The Florida Supreme Court affirmed Alston's conviction and death sentence, rejecting seventeen appellate challeng
• Rigoberto Caso v. State
  524 So. 2d 422· Fla.· 1988-04-07 ·cited 183×
  Rigoberto Caso appealed his conviction for two counts of second-degree murder, challenging the admissibility of a custodial confession obtained after an incomplete Miranda warning that failed to advise him of his right to appointed counsel if indigent. The Florida Supreme Court h
• Bush v. State
  461 So. 2d 936· Fla.· 1984-11-29 ·cited 177×
  John Earl Bush was convicted of first-degree murder, robbery, and kidnapping in the 1982 death of Frances Slater during a convenience store robbery. On appeal, Bush challenged his conviction and death sentence on multiple grounds, including the admissibility of his confessions, i
• Frazier v. State
  107 So. 2d 16· Fla.· 1958-11-21 ·cited 174×
  John Frazier, a black man, appeals his death sentence for the murder of Lacie Pearman by drowning. The Florida Supreme Court affirmed the conviction, holding that Frazier's extrajudicial confessions were voluntary despite claims of threatened lynching, and rejecting procedural ob
• Roman v. State
  475 So. 2d 1228· Fla.· 1985-08-30 ·cited 169×
  Ernest Lee Roman was convicted of first-degree murder, kidnapping, and sexual battery of a two-year-old victim and sentenced to death. The Florida Supreme Court affirmed the conviction and death sentence, finding no reversible error despite some evidentiary issues regarding hears
• Welty v. State
  402 So. 2d 1159· Fla.· 1981-07-02 ·cited 164×
  William Glenn Welty was convicted of first-degree murder in the killing of Jesse Burkhalter during a burglary. While the Florida Supreme Court affirmed his conviction, it reversed his death sentence and reduced it to life imprisonment because the trial court's decision to overrid
• Adams v. State
  28 Fla. 511· Fla.· 1891-06-01 ·cited 164×
  William Adams was convicted of murdering James Moore and sentenced to death. On appeal, the Florida Supreme Court reversed the conviction and ordered a new trial, finding multiple trial errors including improper jury instructions on malice/premeditation, the defendant's removal f
• Parrish v. State
  90 Fla. 25· Fla.· 1925-06-13 ·cited 163×
  T. J. Parrish was convicted of assisting in the escape from custody of a state prisoner. On appeal to the Florida Supreme Court, Parrish challenged multiple evidentiary rulings and procedural decisions. The court affirmed the conviction, holding that the trial court did not abuse
• The State OF Tex. & Dr. George J. Beto v. Payton
  390 F.2d 261· 5th Cir.· 1968-02-12 ·cited 160×
  The Court held that the District Court erred in granting habeas corpus solely on the basis of a failure to warn the petitioner of his right to remain silent, as Escobedo's holding was limited to the Sixth Amendment right to counsel and did not apply retroactively to trials before
• Almeida v. State
  737 So. 2d 520· Fla.· 1999-07-08 ·cited 156×
  The Florida Supreme Court reversed Osvaldo Almeida's death sentence conviction for murder, holding that police violated the state constitution by ignoring his direct question about the utility of counsel during custodial interrogation. The Court established that officers must ans
• Delap v. State
  440 So. 2d 1242· Fla.· 1983-09-15 ·cited 148×
  Delap was convicted of first-degree murder and sentenced to death. On appeal, he challenged the admissibility of his confession, expert testimony, jury instructions, and the imposition of the death sentence. The Florida Supreme Court affirmed the conviction and sentence, finding
• McDOLE v. State
  283 So. 2d 553· Fla.· 1973-05-16 ·cited 148×
  Two appellants convicted of rape and sentenced to death had their sentences reduced to life imprisonment following Furman v. Georgia. On appeal, they challenged the trial judge's failure to make an explicit finding of voluntariness for their confessions, and argued the confession
• Shelton v. United States
  246 F.2d 571· 5th Cir.· 1957-06-25 ·cited 148×
  A later finding that a guilty plea was voluntary is entitled to weight on appeal, and the record supported such a finding despite the defendant's claims of promises.
• Dorsey v. Gill
  148 F.2d 857· D.C. Cir.· 1945-02-26 ·cited 148×·via Coerced Confession
  The court held that a habeas corpus petition must establish a prima facie case by alleging specific facts showing illegality of restraint, not mere general conclusions or disappointed expectations.
• Ashley v. State
  265 So. 2d 685· Fla.· 1972-05-03 ·cited 145×
  Henry Thomas Ashley was convicted of five murders in two separate trials and sentenced to death in each case. The Florida Supreme Court affirmed all convictions and death sentences, rejecting Ashley's contentions regarding trial consolidation, the admissibility of his confessions
• Posey v. United States
  416 F.2d 545· 5th Cir.· 1969-07-17 ·cited 144×
• Harris v. State
  438 So. 2d 787· Fla.· 1983-09-08 ·cited 143×
  Theodore Harris was convicted of first-degree murder, burglary with assault, and robbery of a 73-year-old woman. He appealed arguing his confession was involuntary and his trial contained procedural errors. The Florida Supreme Court affirmed the convictions and death sentence, fi
• Bates v. State
  78 Fla. 672· Fla.· 1919-12-17 ·cited 142×
  Henry Bates was convicted of breaking and entering with intent to commit a felony based primarily on alleged admissions made while under arrest. The Florida Supreme Court reversed the conviction, finding the trial court erred by failing to conduct a proper in camera hearing on th
• Hansbrough v. State
  509 So. 2d 1081· Fla.· 1987-06-18 ·cited 140×·via Coerced Confession
  Kirk Hansbrough was convicted of first-degree murder and armed robbery for stabbing an insurance agency employee over thirty times during a robbery. The Florida Supreme Court affirmed his convictions but vacated his death sentence, finding insufficient aggravating circumstances t
• Coday v. State
  946 So. 2d 988· Fla.· 2006-10-26 ·cited 135×
  William Coday was convicted of first-degree murder for the brutal killing of his former intimate partner Gloria Gomez in Florida. The Florida Supreme Court affirmed the conviction but vacated the death sentence because the trial court erred in rejecting an uncontroverted expert t
• Himmelfarb v. United States
  175 F.2d 924· 9th Cir.· 1949-06-03 ·cited 132×
  The court held that the trial court did not abuse its discretion in denying the motion for a mistrial based on 'once in jeopardy' and in admitting evidence, as the jury discharge was based on manifest necessity and the evidence was relevant and properly admitted.
• Gardner v. State
  480 So. 2d 91· Fla.· 1985-12-12 ·cited 130×
  Kenneth Gardner was convicted of first-degree murder and robbery and sentenced to death for the stabbing death of Joseph Holda during a robbery. The Florida Supreme Court vacated the convictions and remanded for a new trial due to the trial judge's failure to instruct the jury on
• Gov't of the Virgin Islands v. Beaumont Gereau
  502 F.2d 914· 3d Cir.· 1974-08-15 ·cited 130×
  The court held that statements and evidence were admissible, finding no clear error in the district court's rulings on suppression issues, including claims of police brutality, presentment delay, illegal arrests, and warrantless searches.
• McWATTERS v. State
  36 So. 3d 613· Fla.· 2010-03-18 ·cited 129×·via Coerced Confession
  Eugene McWatters was convicted of three counts of first-degree murder and three counts of sexual battery arising from the 2004 strangulation murders of three women. He received death sentences for each murder. The Florida Supreme Court affirmed all convictions and sentences, find
• Gilbert v. United States
  366 F.2d 923· 9th Cir.· 1966-09-16 ·cited 128×
  The dissenting opinion argues that the appellant was denied his Sixth Amendment right to counsel during a pretrial lineup. Furthermore, the opinion contends that the trial court erred by failing to consider the potential taint of an initial, possibly coerced, interrogation on a s
• Harrel Franklin Braddy v. State
  111 So. 3d 810· Fla.· 2012-11-15 ·cited 127×
  Harrel Franklin Braddy was convicted of first-degree murder, attempted murder, kidnapping, burglary, child neglect, and attempted escape in the 1998 death of five-year-old Quatisha Maycock. The Florida Supreme Court affirmed his death sentence and all convictions after reviewing
• Perez v. State
  919 So. 2d 347· Fla.· 2005-10-27 ·cited 127×·via Involuntary Confession
  The Florida Supreme Court affirmed Daniel Perez's conviction for first-degree felony murder, robbery, and burglary in the stabbing death of Susan Martin, but vacated his death sentence and remanded for a new penalty phase proceeding because the trial court erroneously applied the
• Brewer v. State
  386 So. 2d 232· Fla.· 1980-05-22 ·cited 127×
  The Florida Supreme Court reversed Patrick Brewer's first-degree murder conviction and death sentence, holding that his written confession was inadmissible because it was tainted by the coercive interrogation that preceded it. The brief appearance before a judicial officer and ri
• Voorhees v. State
  699 So. 2d 602· Fla.· 1997-06-19 ·cited 125×
  Donald Voorhees was convicted of first-degree murder in the beating and stabbing death of Audrey Steven Bostic during a robbery. The Florida Supreme Court affirmed the conviction but vacated the death sentence, finding the death penalty disproportionate when considering the total
• Wright v. United States
  250 F.2d 4· D.C. Cir.· 1957-10-30 ·cited 124×
  The majority reversed the conviction, finding that reasonable jurors could not conclude beyond a reasonable doubt that the defendant was sane at the time of the shooting, despite the jury's verdict.
• Hayward Lane v. State
  388 So. 2d 1022· Fla.· 1980-09-25 ·cited 123×
  Hayward Lane was convicted of first-degree murder and sentenced to death. The Florida Supreme Court vacated the conviction and sentence, finding that the trial court failed to adequately determine Lane's competency to stand trial under Drope v. Missouri standards, and held that F
• Cotton v. United States
  371 F.2d 385· 9th Cir.· 1967-01-23 ·cited 122×
  The court held that the defendant had standing to challenge the search of the vehicle, and that the searches and seizures conducted by law enforcement were reasonable and did not violate his constitutional rights.
• Durham Eldon Stokes v. Singletary
  952 F.2d 1567· 11th Cir.· 1992-01-27 ·cited 121×
  Durham Stokes was convicted of two murders and sentenced to death after confessing to police officers immediately following his initial court appearance, where counsel had been appointed. The Eleventh Circuit reversed and remanded for an evidentiary hearing, finding that the stat
• Goodwin v. Balkcom
  684 F.2d 794· 11th Cir.· 1982-09-03 ·cited 120×
  The court held that the state trial court's capital sentencing instructions were constitutionally insufficient because they failed to adequately guide the jury on mitigating circumstances and the option to recommend against death. The court also found that the defendant was denie