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

• Bryant v. Vose
  785 F.2d 364· 1st Cir.· 1986-03-06 ·cited 26×
  The court held that even if an oral confession was obtained in violation of Miranda, a subsequent written confession obtained after proper warnings is admissible if the oral confession was voluntary, and that the appellant did not receive ineffective assistance of counsel.
• Brown v. A.L. Lockhart
  781 F.2d 654· 8th Cir.· 1986-01-14 ·cited 26×
  The court held that the petitioner's allegation of systematic exclusion of Black persons from jury service was sufficient to warrant an evidentiary hearing, but his claim of ineffective assistance of counsel failed due to lack of prejudice.
• United States v. Delroy Thomas Davidson
  768 F.2d 1266· 11th Cir.· 1985-08-16 ·cited 26×
  The court held that while the district court erred in failing to hold a Jackson v. Denno hearing on the voluntariness of the defendant's statements, this error was harmless in light of the defendant's subsequent confession and the sufficiency of the evidence.
• United States v. Mast
  735 F.2d 745· 2d Cir.· 1984-06-01 ·cited 26×
  The Fifth Amendment privilege against compelled self-incrimination does not bar admission of incriminating statements made in a noncustodial setting to a government agent, even if the defendant was advised he did not need an attorney or that prosecution might be avoided by restit
• McCORQUODALE v. Balkcom
  705 F.2d 1553· 11th Cir.· 1983-05-31 ·cited 26×
• United States v. Ermil Grant
  622 F.2d 308· 8th Cir.· 1980-04-29 ·cited 26×
  Statements made during preindictment interviews, where a plea offer was extended by an FBI agent with express authority from a prosecutor, are inadmissible under Fed.R.Crim.P. 11(e)(6) and Fed.R.Evid. 410. However, a post-indictment statement made to a different FBI agent without
• Jurek v. Estelle
  593 F.2d 672· 5th Cir.· 1979-04-23 ·cited 26×
  The court held that the record supported the trial court and jury findings that the confessions were voluntarily made, and thus federal intervention was not justified.
• United States v. Powe
  591 F.2d 833· D.C. Cir.· 1978-11-15 ·cited 26×·via Coerced Confession
  The court should not remand to explore testimony ambiguities not raised at trial.
• United States v. Rose
  541 F.2d 750· 8th Cir.· 1976-09-09 ·cited 26×
  The court held that the defendant's confession was admissible, as probable cause existed for his arrest, and the circumstances surrounding his transfer from federal to state custody did not violate his constitutional rights or warrant suppression under applicable legal doctrines.
• Lunz v. Henderson
  533 F.2d 1322· 2d Cir.· 1976-02-26 ·cited 26×·via Coerced Confession
  The court held that a habeas corpus petitioner's claims of an involuntarily entered guilty plea, denial of effective assistance of counsel, and denial of the right of allocution were correctly rejected by the district court.
• United States v. Johnson
  529 F.2d 581· 8th Cir.· 1976-02-05 ·cited 26×
  The court held that the trial court's failure to make specific findings regarding Miranda warnings and waiver voluntariness did not require suppression, as the findings could be made nunc pro tunc. The court also held that the defendant's statements were admissible despite not si
• United States v. Davis
  527 F.2d 1110· 9th Cir.· 1975-12-30 ·cited 26×
  The court held that the defendant's confession was admissible and his sentence was validly imposed.
• Trolinger v. State
  300 So. 2d 310· Fla. 2d DCA· 1974-09-25 ·cited 26×
  Trolinger appealed his life sentence for second-degree murder, challenging the admission of undisclosed witness testimony, the admission of his confession without explicit findings of voluntariness and waiver, and the trial court's handling of expert testimony. The appellate cour
• In re Contempt Proceedings Against Grand Jury Witness James Frederick Weir v. Weir
  495 F.2d 879· 9th Cir.· 1974-04-19 ·cited 26×·via Coerced Confession
  The dissenting judge would hold that a grand jury witness can refuse to answer questions derived from a coerced confession obtained through torture.
• United States v. Poole
  495 F.2d 115· D.C. Cir.· 1974-01-17 ·cited 26×
  The court held that the appellant's waiver of his rights was effective, and therefore his confession was admissible despite potential issues with Rule 5(a) delay.
• United States v. Bernett
  495 F.2d 943· D.C. Cir.· 1974-01-10 ·cited 26×
  The court affirmed the conviction, holding that the admission made in a noncustodial setting was voluntary, and any error in failing to instruct the jury on the weight of the admission was nonprejudicial.
• Nat Villiam Wright v. State OF N.C. & David Henry
  483 F.2d 405· 4th Cir.· 1973-08-02 ·cited 26×
  The court held that the Miranda warning given was constitutionally adequate and the petitioner's statement was voluntarily made, thus affirming the dismissal of his habeas petition.
• United States v. Brandon
  467 F.2d 1008· 9th Cir.· 1972-10-12 ·cited 26×
  The court held that evidence found in the house search and confessions were admissible because they were not the fruit of the illegal automobile search, but rather derived from independent, legally obtained leads and consent.
• United States v. McSHANE
  462 F.2d 5· 9th Cir.· 1972-06-14 ·cited 26×
  The court held that a conviction under 18 U.S.C. App. § 1202(a) requires proof of a nexus to interstate commerce, and that a confession obtained after police questioned the defendant's girlfriend, without explicit threats or promises, was voluntary.
• United States of Amercia ex rel. Emile A. Turner v. Rundle
  438 F.2d 839· 3d Cir.· 1971-01-26 ·cited 26×
  The court held that the relator's state remedies were exhausted regarding his Miranda claim and that he was not adequately advised of his right to free counsel. The court also found that a hearing was required to determine if the relator waived his rights under Kent v. United Sta
• United States v. Robinson
  439 F.2d 553· D.C. Cir.· 1970-12-30 ·cited 26×
  The court held that the trial judge's findings on the voluntariness of the confession were not clearly erroneous, and that the failure to reintroduce all pretrial evidence of voluntariness before the jury did not constitute reversible error given the defense counsel's tactical de
• United States v. Thompson
  417 F.2d 196· 4th Cir.· 1969-10-24 ·cited 26×
  An oral confession is admissible even if the defendant refuses to sign a written waiver of rights, provided the confession is voluntary and the defendant understands their rights.
• Reynolds v. State
  222 So. 2d 246· Fla. 3d DCA· 1969-05-06 ·cited 26×
  The appellate court affirmed a conviction for breaking and entering with intent to commit petit larceny and petit larceny, holding that the trial court did not err in admitting the defendant's confession into evidence. The court found substantial competent evidence supported the
• Townsend v. Henderson
  405 F.2d 324· 6th Cir.· 1968-12-26 ·cited 26×
  A confession obtained from a prisoner in solitary confinement, under circumstances implying further punishment, is involuntary and inadmissible. The admission of such a confession in a joint trial, even with limiting instructions, violates the co-defendant's Sixth Amendment right
• Branch v. State
  212 So. 2d 29· Fla. 2d DCA· 1968-05-01 ·cited 26×
  Horace Branch and Dale Kelley, a police chief and patrolman, were convicted of conspiracy to commit robbery and robbery. On appeal, they challenged the denial of change of venue and Branch challenged the admission of Kelley's confession that implicated him, as well as contending
• Elton Ray Barnes and Bunchie White v. United States
  374 F.2d 126· 5th Cir.· 1967-02-28 ·cited 26×
  The court held that the trial court did not err in denying motions for severance, continuance, or in admitting evidence and confessions, affirming the convictions.
• Birnbaum v. United States
  356 F.2d 856· 8th Cir.· 1966-02-16 ·cited 26×
  The court held that the written statement was admissible because the investigation had not yet focused on the appellant as a suspect, and he was properly advised of his rights and competently waived counsel. The court also found the prosecutor's closing argument, while potentiall
• United States ex rel. Charles Townsend v. Ogilvie
  334 F.2d 837· 7th Cir.· 1964-07-22 ·cited 26×
  A federal court exhausts its statutory power in a habeas corpus proceeding after determining a confession introduced in a state criminal trial was voluntarily given; it cannot issue a writ for procedural errors not involving constitutional rights.
• United States v. Morin
  265 F.2d 241· 3d Cir.· 1959-03-31 ·cited 26×·via Coerced Confession
  A conviction based on a guilty plea is not rendered involuntary solely because an inadmissible confession was obtained during allegedly illegal detention, especially when the plea was entered voluntarily after consultation with counsel.
• Mumforde v. United States
  130 F.2d 411· D.C. Cir.· 1942-06-29 ·cited 26×
  The court held that the evidence was sufficient to support a first-degree murder conviction for a killing during an attempted robbery, even if the intent to rob was allegedly abandoned.
• Duke Thomas v. State
  58 Fla. 122· Fla.· 1909-06-01 ·cited 26×
  Duke Thomas was convicted of first-degree murder for killing O. W. Wilson and sentenced to death. The Florida Supreme Court upheld the conviction, rejecting challenges to the indictment's form, the grand jury selection process, and the admissibility of the defendant's confession.
• Duddles v. State
  845 So. 2d 939· Fla. 5th DCA· 2003-04-25 ·cited 25×
  Mark Alan Duddles appeals his convictions for sexual battery on a minor, challenging the trial court's denial of his motion to suppress a statement he made to a detective who visited his home at 3:50 a.m. The appellate court affirms, holding that Duddles was not in custody during
• Tivan Johnson v. State
  750 So. 2d 22· Fla.· 1999-10-14 ·cited 25×
  The Florida Supreme Court affirmed Tivan Johnson's convictions for first-degree murder and armed offenses in connection with a 1991 pawnshop robbery and killing, but vacated his death sentence and remanded for a new penalty phase proceeding. The court found that Johnson's absence
• Walls v. State
  580 So. 2d 131· Fla.· 1991-04-11 ·cited 25×
  Frank Walls was convicted of murder and sentenced to death. The Florida Supreme Court reversed and remanded for a new trial, holding that a correctional officer's surreptitious gathering of Walls' statements through fraudulent means violated due process under the Florida Constitu
• Moore v. Dugger
  856 F.2d 129· 11th Cir.· 1988-09-28 ·cited 25×
  The court held that the petitioner's confession was voluntary and not obtained in violation of his Miranda rights, and therefore affirmed the denial of his habeas corpus petition.
• United States v. Comstock
  805 F.2d 1194· 5th Cir.· 1986-12-03 ·cited 25×
  The court held that suppression of evidence was not warranted because the officers acted in good faith reliance on the validity of the search warrant, even though it was issued by a justice of the peace who was not a judge of a court of record as required by Fed.R.Crim.P. 41(a).
• Arrowood v. Clusen
  732 F.2d 1364· 7th Cir.· 1984-05-02 ·cited 25×
  The court held that the defense counsel's failure to request a jury instruction on the trustworthiness of pretrial statements and failure to elicit testimony from the petitioner regarding his condition during interrogations constituted ineffective assistance of counsel that may h
• 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
• Jess Cancino v. Craven
  467 F.2d 1243· 9th Cir.· 1972-10-03 ·cited 25×·via Coerced Confession
  A district court's denial of a habeas petition without an evidentiary hearing was erroneous if it rested on legal errors rather than factual merits, and the ends of justice require reaching the merits of a subsequent petition.
• Irving v. Breazeale
  400 F.2d 231· 5th Cir.· 1968-08-27 ·cited 25×·via Coerced Confession
  The court affirmed the denial of the habeas corpus petition regarding the conviction but remanded for a determination of issues raised by Witherspoon v. State of Illinois concerning the death sentence.
• Pitts v. State
  710 So. 2d 62· Fla. 3d DCA· 1998-03-25 ·cited 24×·via Involuntary Confession
  The court held that the evidence was sufficient to convict the defendant of armed robbery, armed kidnapping, and attempted second-degree murder, and that the crime of attempted second-degree murder is a valid offense.
• Burns v. State
  584 So. 2d 1073· Fla. 4th DCA· 1991-08-07 ·cited 24×
  Herman Jerome Burns appeals his convictions for attempted second-degree murder, resisting arrest with violence, carrying a concealed weapon, and depriving an officer of his weapon. The Fourth District affirmed the attempted murder, concealed weapon, and deprivation convictions, b
• United States v. Jackson
  918 F.2d 236· 1st Cir.· 1990-11-01 ·cited 24×
  The court held that the investigatory stop, search, and seizure were lawful, and that post-arrest statements were voluntary, thus affirming the conviction.
• Andersen v. Thieret
  903 F.2d 526· 7th Cir.· 1990-06-05 ·cited 24×
  The court held that the petitioner's confession was voluntary and that the admission of his statements did not violate Miranda, affirming the denial of his habeas petition.
• United States v. Velasquez
  885 F.2d 1076· 3d Cir.· 1989-09-01 ·cited 24×
  The court held that while voluntariness of a waiver is subject to plenary review, a trial court's direct exposure to the evidence and the defendant can provide valuable insight, warranting a remand for its determination.
• United States v. Kord
  836 F.2d 368· 7th Cir.· 1988-01-12 ·cited 24×
  The court held that substantial evidence supported the jury's conviction of Kord, flight evidence was properly admitted, and the identification procedure, while suggestive, was not unreliable. The court also held that Mangum's oral confession was voluntary and admissible, and his
• United States v. Guarno
  819 F.2d 28· 2d Cir.· 1987-05-13 ·cited 24×
  The court held that the defendant's confession and surrender of firearms were voluntary and not obtained in violation of Miranda, as he was not in custody.
• United States v. Fouche
  833 F.2d 1284· 9th Cir.· 1987-04-09 ·cited 24×
  The court held that the agent did not sufficiently clarify the suspect's equivocal request for counsel before continuing the interrogation.
• Smith v. State
  492 So. 2d 1063· Fla.· 1986-07-17 ·cited 24×
  The Florida Supreme Court reversed Derrick Smith's conviction and death sentence for first-degree murder because of multiple constitutional errors during trial, including improper comments on Smith's exercise of his right to remain silent and admission of a statement made after S
• Bauza v. State
  491 So. 2d 323· Fla. 3d DCA· 1986-07-15 ·cited 24×
  The court held that the trial court erred in determining the voluntariness of a confession without considering all circumstances, excluding photographic evidence without a proper inquiry, and failing to provide a written order for sentencing guideline departures.