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

• Copeland v. Louie L. Wainwright
  505 So. 2d 425· Fla.· 1987-04-09 ·cited 31×·via Involuntary Statements
  Johnny Copeland, a death row inmate, sought habeas corpus relief and appealed the trial court's denial of his motion to vacate judgment and sentence. The Florida Supreme Court rejected all of Copeland's arguments, finding them either procedurally barred, previously decided, or la
• Marrow v. United States
  772 F.2d 525· 9th Cir.· 1985-09-24 ·cited 31×·via Coerced Confession
  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.
• Jones v. Cardwell
  686 F.2d 754· 9th Cir.· 1982-09-07 ·cited 31×
  The court held that a state court's consideration of a defendant's involuntary confession, obtained during a pre-sentence interview where the defendant was compelled to confess additional crimes, violates the Fifth Amendment privilege against self-incrimination.
• Brown v. State
  181 So. 2d 578· Fla. 1st DCA· 1965-12-30 ·cited 31×
  The defendant was convicted of robbery after the trial court admitted his confession despite failing to conduct the preliminary voluntariness hearing outside the jury's presence, as required by Florida procedure. The court held that while the procedure was error, it was not rever
• Moffett v. State
  179 So. 2d 408· Fla. 2d DCA· 1965-10-29 ·cited 31×
  Kenneth Moffett appeals his conviction for robbery and aggravated assault, challenging the trial court's admission of evidence seized from an apartment and his confession. The Florida appellate court affirmed, holding that Moffett waived his right to contest the search by failing
• Watson v. United States
  234 F.2d 42· D.C. Cir.· 1956-05-03 ·cited 31×
  The court held that the written confession was inadmissible due to unnecessary delay in presenting the defendant to a committing authority after 9 AM, and this error was not cured by leaving voluntariness to the jury.
• Murray v. State
  25 Fla. 528· Fla.· 1889-06-01 ·cited 31×
  E.D. Murray was convicted of aiding a prisoner's escape in Orange County Criminal Court. The Florida Supreme Court reversed the conviction, finding that the trial court improperly admitted confessions without first determining their voluntariness, which was critical error since t
• W.M. v. State
  585 So. 2d 979· Fla. 4th DCA· 1991-08-14 ·cited 30×
  A 10-year-old child was convicted of burglaries after confessing to police without a written Miranda waiver or parental presence. The appellate court affirmed the conviction, holding that a juvenile's confession is admissible if the totality of circumstances shows a knowing and v
• United States v. Bartlett
  856 F.2d 1071· 8th Cir.· 1988-09-08 ·cited 30×
  The court held that the subsequent federal prosecution was proper, the district court did not err in refusing a specific diminished capacity instruction, and the confession was admissible. The court affirmed the conviction.
• Bryan v. Warden, Ind. State Reformatory
  820 F.2d 217· 7th Cir.· 1987-05-15 ·cited 30×
  The court held that the voluntariness of a Miranda waiver is a factual determination entitled to deference under 28 U.S.C. § 2254(d), and that the appellant waived his due process claim by failing to raise it on rehearing.
• United States v. Pinion
  800 F.2d 976· 9th Cir.· 1986-09-26 ·cited 30×
  The court held that the totality of circumstances established probable cause for the arrest and that the defendant's confession was voluntary.
• REX v. Teeples
  753 F.2d 840· 10th Cir.· 1985-01-28 ·cited 30×·via Involuntary Confession
  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.
• Jones v. State
  453 So. 2d 1192· Fla. 3d DCA· 1984-08-14 ·cited 30×
  Jeffrey Jones appeals his conviction for multiple crimes including burglary, sexual battery, robbery, grand theft, and dealing in stolen property. The court affirmed the convictions but reversed the grand theft conviction as duplicative of the dealing in stolen property convictio
• United States v. Castaneda-Castaneda
  729 F.2d 1360· 11th Cir.· 1984-04-16 ·cited 30×
• Houck v. State
  421 So. 2d 1113· Fla. 1st DCA· 1982-11-17 ·cited 30×·via Involuntary Statements
  Thomas Houck appeals his conviction for possession of marijuana with intent to sell, challenging the trial court's denial of his motion to suppress extrajudicial statements. The appellate court reverses and remands because the trial court improperly considered unsworn testimony f
• Williams v. Holbrook
  691 F.2d 3· 1st Cir.· 1982-09-23 ·cited 30×
  The court held that the petitioner had sufficiently presented her sixth amendment claims to the state courts, satisfying the exhaustion requirement, and that her escape did not constitute an abuse of the writ warranting dismissal.
• Fields v. Wyrick
  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.
• United States v. Schmidt
  573 F.2d 1057· 9th Cir.· 1978-02-06 ·cited 30×
  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.
• Williams v. State
  353 So. 2d 588· Fla. 3d DCA· 1977-12-06 ·cited 30×
  Jeanette Williams was convicted of robbery, drug possession, and receiving stolen property after a jury trial. She appealed, arguing that the prosecutor impermissibly elicited testimony about her silence in police custody, violating her Fifth Amendment right to remain silent unde
• United States v. Charlton
  565 F.2d 86· 6th Cir.· 1977-10-21 ·cited 30×
  Statements made in violation of Miranda, even if voluntary under traditional tests, must be suppressed, but their admission may be harmless error if the evidence of guilt is overwhelming.
• United States v. English
  501 F.2d 1254· 7th Cir.· 1974-08-16 ·cited 30×
  The court held that the defendants' convictions were valid, rejecting arguments regarding grand jury minutes, discovery delays, preliminary hearings, speedy trial, confession voluntariness, severance, and judicial bias.
• United States v. Pomares
  499 F.2d 1220· 2d Cir.· 1974-07-05 ·cited 30×
  The court held that a confession was voluntary despite agents advising the defendant that cooperation would be beneficial, and that the government did not waive its right to introduce an earlier oral confession.
• United States v. Williams
  484 F.2d 176· 8th Cir.· 1973-07-24 ·cited 30×
  The court held that the appellants were not denied an impartial jury and that the trial court did not err in its instructions or evidentiary rulings.
• Hernandez v. State
  273 So. 2d 130· Fla. 1st DCA· 1973-02-20 ·cited 30×
  A 14-year-old appellant was convicted of first-degree murder in the 1970 stabbing death of a 12-year-old girl. The appellate court affirmed the conviction, rejecting claims that his confessions were inadmissible due to lack of a juvenile hearing, that the trial court improperly l
• United States v. Lepinski
  460 F.2d 234· 10th Cir.· 1972-05-12 ·cited 30×
  The court held that the appellant's arrest, confession, and the search of the vehicle were lawful, and that the evidence obtained was admissible.
• United States v. Silva
  418 F.2d 328· 2d Cir.· 1969-11-17 ·cited 30×
  The court held that the trial judge should have ordered a hearing sua sponte on the defendant's mental competence to confess, given the evidence of his psychiatric history and recent suicide attempt.
• Reinke v. United States
  405 F.2d 228· 9th Cir.· 1968-12-20 ·cited 30×
  Statements made by a defendant after receiving Miranda warnings and voluntarily initiating contact with law enforcement are admissible, even if the defendant has appointed counsel and counsel was not present or notified.
• Emmitt Monroe Spencer v. Wainwright
  403 F.2d 778· 5th Cir.· 1968-11-22 ·cited 30×
  The court held that the federal district court erred in denying the petition for habeas corpus because the petitioner had not exhausted his available state remedies.
• Schneble v. State
  201 So. 2d 881· Fla.· 1967-07-27 ·cited 30×
  Two defendants, Schnell and Schneble, convicted of first-degree murder and sentenced to death, appealed claiming procedural error and improper admission of evidence and confessions. The Florida Supreme Court affirmed, finding that the defendants were properly advised of their rig
• Earnest Collins, Jr. v. State
  197 So. 2d 574· Fla. 2d DCA· 1967-03-15 ·cited 30×
  Earnest Collins Jr. appeals his conviction for second-degree murder in the killing of John D. Goff. The Florida District Court of Appeal affirms the denial of Collins' motion for change of venue but reverses his conviction because his confession was improperly admitted into evide
• Clifton v. United States
  371 F.2d 354· D.C. Cir.· 1966-11-15 ·cited 30×
  The court held that while the reasonable doubt standard for determining confession voluntariness should apply to future trials, it should not be applied retroactively to convictions that became final before Jackson v. Denno.
• Harris v. Stephens
  361 F.2d 888· 8th Cir.· 1966-06-16 ·cited 30×·via Voluntariness Of Admissions
  The court held that the petitioners' convictions and death sentences for rape were constitutionally sound, rejecting claims of a hostile trial atmosphere, discriminatory jury selection, illegal arrest and search, denial of separate counsel, and cruel and unusual punishment.
• Gibson v. State
  173 So. 2d 766· Fla. 3d DCA· 1965-04-13 ·cited 30×·via Coerced Confession
  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.
• Killough v. United States
  336 F.2d 929· D.C. Cir.· 1964-06-04 ·cited 30×
  A subsequent confession is inadmissible if it is the tainted fruit of prior illegally obtained confessions, unless the government proves otherwise.
• Muschette v. United States
  322 F.2d 989· D.C. Cir.· 1963-07-25 ·cited 30×
  The court held that a confession obtained in violation of Rule 5(a) is inadmissible, even if obtained quickly after arrest.
• Pependrea v. United States
  275 F.2d 325· 9th Cir.· 1960-03-01 ·cited 30×
  The court held that a variance between the indictment's charge of 'force and violence' and the proof of 'intimidation' was harmless error, and that confessions obtained from the appellant were voluntary and properly admitted.
• Suttles v. Colonel James W. Davis
  215 F.2d 760· 10th Cir.· 1954-09-10 ·cited 30×
  The court held that petitioners were not denied constitutional rights and their convictions and sentences were valid.
• Cawthon v. State
  118 Fla. 394· Fla.· 1935-02-11 ·cited 30×
  Dexter Cawthon was convicted of assault with intent to commit murder in the second degree. On appeal, he challenged the indictment as vague and indefinite and argued that his confession was involuntarily obtained and should have been excluded. The Florida Supreme Court affirmed t
• State v. Lebaron Mallory
  670 So. 2d 103· Fla. 1st DCA· 1996-02-28 ·cited 29×
  The State appeals the trial court's suppression of Mallory's incriminating statements made after a computer voice stress analysis test. The appellate court reverses because the trial court's stated reasons for suppression were legally invalid, and remands for the trial court to r
• Ponticelli v. State
  593 So. 2d 483· Fla.· 1991-10-10 ·cited 29×·via Involuntary Confession
  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
• United States v. Frierson
  945 F.2d 650· 3d Cir.· 1991-10-01 ·cited 29×·via Coerced Confession
  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.
• United States v. Rutledge
  900 F.2d 1127· 7th Cir.· 1990-04-26 ·cited 29×
  A confession is voluntary if the government has not made it impossible for the defendant to make a rational choice, even if the defendant was misled by a statement that cooperation would be helpful.
• Streetman v. Lynaugh
  812 F.2d 950· 5th Cir.· 1987-03-09 ·cited 29×
  The court held that the facts relevant to the petitioner's ineffective assistance of counsel claim were not adequately developed in state court, requiring a remand for an evidentiary hearing.
• Ruffin v. Louie L. Wainwright
  461 So. 2d 109· Fla.· 1984-12-20 ·cited 29×
  Mack Ruffin petitioned for a writ of habeas corpus alleging he was denied effective assistance of appellate counsel. The Florida Supreme Court denied the petition, holding that appellate counsel's failure to raise certain claims did not constitute ineffective assistance because t
• In re Shriner v. Louie L. Wainwright
  735 F.2d 1236· 11th Cir.· 1984-06-19 ·cited 29×
  The Eleventh Circuit affirmed the district court's denial of the habeas petition, finding that the claims were either previously litigated, lacked merit, or constituted an abuse of the writ under Rule 9(b).
• Doerr v. State
  348 So. 2d 938· Fla. 2d DCA· 1977-08-10 ·cited 29×
  A sixteen-year-old charged with burglary was waived to adult criminal court and confessed to police before his parents were notified. The Second District Court of Appeal affirmed the denial of his motion to suppress, holding that the statutory requirement to notify parents of a d
• Lovon Ponder v. State
  323 So. 2d 296· Fla. 3d DCA· 1975-12-09 ·cited 29×
  Lovon Ponder appeals his conviction and 20-year sentence for robbery, challenging whether the state proved the requisite intent to aid and abet the crime and whether his alleged confession was properly admitted. The Florida District Court of Appeal affirmed the conviction, findin
• Spanish v. State
  45 So. 2d 753· Fla.· 1950-04-14 ·cited 29×
  The Supreme Court of Florida affirmed a second-degree murder conviction, holding that the evidence, including the defendant's own testimony about an altercation and subsequent concealment of the body, was sufficient to support the jury's verdict. The court also found no reversibl
• Daugherty v. State
  154 Fla. 308· Fla.· 1944-03-24 ·cited 29×
  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
• Harrison v. State
  110 Fla. 420· Fla.· 1933-06-06 ·cited 29×
  Walter E. Harrison, a 17-year-old boy, was convicted of first-degree murder and sentenced to life imprisonment. On writ of error, he challenged the admissibility of his confessions, claiming they were not freely and voluntarily made. The Florida Supreme Court affirmed the convict