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

• United States v. Anglian
  784 F.2d 765· 6th Cir.· 1986-03-05 ·cited 24×
  The court held that the Victim and Witness Protection Act's use of 'restitution' was not limited by traditional restitutionary concepts but allowed for broader compensation for damages.
• United States v. Charles
  738 F.2d 686· 5th Cir.· 1984-08-13 ·cited 24×
  The court held that the defendants were not in custody when they made their statements, thus not requiring Miranda warnings, and that even if they were, the government proved the statements were voluntary. The district court's suppression order is reversed.
• Wade v. Franzen
  678 F.2d 56· 7th Cir.· 1982-05-18 ·cited 24×
  The court held that the district court must review the trial record to determine if the defendant was denied effective assistance of counsel and whether any such error was harmless.
• Brown v. Cuyler
  669 F.2d 155· 3d Cir.· 1982-01-29 ·cited 24×
  The court held that the petitioner failed to exhaust state remedies by not fairly presenting the Miranda waiver issue to the state courts.
• United States v. Kreczmer
  636 F.2d 108· 5th Cir.· 1981-02-05 ·cited 24×
  The court held that the confession was voluntary and that the district court did not err in admitting it, affirming the conviction.
• State v. Beck
  390 So. 2d 748· Fla. 3d DCA· 1980-10-28 ·cited 24×
  Florida appeals the suppression of a defendant's four confessions to arson. The trial court suppressed the confessions based on alleged implied promises of psychiatric help, but the appellate court reversed, holding that non-particularized comments about medical assistance that a
• United States v. Toral
  536 F.2d 893· 9th Cir.· 1976-06-10 ·cited 24×
  The court held that the affidavit provided sufficient probable cause for the search warrant and that the appellant's post-Miranda confession was not tainted by prior statements.
• Henry v. State
  328 So. 2d 430· Fla.· 1976-02-25 ·cited 24×
  James Henry was convicted of first-degree murder for killing Z. L. Riley by suffocation and sentenced to death. The Florida Supreme Court affirmed the conviction and death sentence, finding no reversible error and concluding that the judgment was in accordance with justice.
• Moffett v. Louie L. Wainwright
  512 F.2d 496· 5th Cir.· 1975-04-30 ·cited 24×
  A confession obtained after an illegal arrest, without proper warnings or opportunity to consult counsel, is tainted and inadmissible as 'fruit of the poisonous tree'. Evidence seized during a warrantless search lacking clear and convincing proof of valid consent is also inadmiss
• United States v. Clark
  499 F.2d 802· 4th Cir.· 1974-07-09 ·cited 24×
  The court held that the admission of Clark's confession was reversible error because it was obtained in violation of his Fifth and Sixth Amendment rights, as he had previously invoked his right to counsel and the subsequent waiver was not voluntary. The court also found no denial
• United States v. Johnson
  495 F.2d 378· 4th Cir.· 1974-04-05 ·cited 24×
  The court held that the search of the defendant's handbag was incident to a lawful arrest and therefore constitutionally permissible, and that the confession was voluntary under the preponderance of the evidence standard.
• United States v. Stabler
  490 F.2d 345· 8th Cir.· 1974-01-08 ·cited 24×
  The trial court did not abuse its discretion in admitting testimony concerning footprints and a bloodstained jacket to corroborate the appellant's confession.
• State v. Mathis
  278 So. 2d 280· Fla.· 1973-05-23 ·cited 24×
  The Florida Supreme Court reversed a district court decision that had overturned a robbery conviction, holding that the prosecutor's closing remarks about the lack of evidence of coercion did not constitute an improper comment on the defendant's failure to testify.
• The United States v. Culp
  472 F.2d 459· 8th Cir.· 1973-01-25 ·cited 24×·via Coerced Confession
  The court held that the defendant's consent to search and subsequent confession were voluntary, not coerced, and that the jury instruction on reasonable doubt was proper.
• United States ex rel. Charles Terry v. Henderson
  462 F.2d 1125· 2d Cir.· 1972-06-13 ·cited 24×
  The court held that a state prisoner's federal habeas corpus petition can be denied without a hearing if the prisoner deliberately bypassed state procedures for challenging the voluntariness of his confession, especially when counsel affirmatively used the confession at trial.
• United States v. Davis
  456 F.2d 1192· 10th Cir.· 1972-03-17 ·cited 24×
  The court held that a confession obtained during unlawful detention is not automatically inadmissible if voluntary.
• United States ex rel. Edwin Gockley v. Myers
  450 F.2d 232· 3d Cir.· 1971-09-20 ·cited 24×
  The court held that the petitioner failed to demonstrate that his arrest was illegal or that his statements were coerced, and therefore, he was not entitled to federal habeas corpus relief.
• State v. Graham
  240 So. 2d 486· Fla. 2d DCA· 1970-10-30 ·cited 24×
  Florida appeals the trial court's suppression of defendant Graham's confession. The appellate court holds that the state must prove by clear and convincing evidence that Miranda warnings were given, were adequate, and that any waiver was knowing and intelligent, and reverses for
• United States v. Andrews
  427 F.2d 539· 5th Cir.· 1970-05-28 ·cited 24×
  The court held that the evidence was sufficient to support the conviction for aiding and abetting an unlicensed distillery.
• United States v. Cook
  418 F.2d 321· 9th Cir.· 1969-10-24 ·cited 24×
  The court held that admissions made by the defendant to the arresting officer were properly received in evidence, and a second psychiatric examination was not required.
• Curry v. Wilson
  405 F.2d 110· 9th Cir.· 1968-12-13 ·cited 24×
  A defendant's counsel can waive constitutional objections as a matter of trial strategy, and this waiver binds the defendant, even if the state court initially considered the merits of the waived claims.
• Foreman v. State
  213 So. 2d 754· Fla. 1st DCA· 1968-09-10 ·cited 24×
  Lewis Foreman appealed his conviction for breaking and entering with intent to commit petit larceny, challenging the admissibility of a confession on the grounds that the State failed to prove it was voluntary. The appellate court affirmed the conviction, holding that when a poli
• Myers v. Frye
  401 F.2d 18· 7th Cir.· 1968-07-12 ·cited 24×
• Smith v. The State OF Tex.
  395 F.2d 958· 5th Cir.· 1968-06-10 ·cited 24×
  The court held that the appellant is entitled to a judicial determination of the voluntariness of his confession, as required by Jackson v. Denno, and that the rule in Jackson v. Denno is retroactive.
• Goins v. Allgood
  391 F.2d 692· 5th Cir.· 1968-03-12 ·cited 24×
  The court held that the district court erred in summarily denying the habeas corpus petition without a hearing, as a new ground of systematic exclusion of Negroes from the grand jury was presented. The court found the facts regarding this exclusion undisputed and ordered the peti
• United States ex rel. John W. Singer v. Myers
  384 F.2d 279· 3d Cir.· 1967-10-20 ·cited 24×
  The court held that the District Court erred in granting a writ of habeas corpus without first affording Pennsylvania courts an opportunity for an evidentiary hearing on the voluntariness of the confession and in failing to abstain pending exhaustion of state post-conviction reme
• Gray v. United States
  394 F.2d 96· 9th Cir.· 1967-09-15 ·cited 24×
  The court held that the Ten Major Crimes Act (18 U.S.C. § 1153) is constitutional, and that the appellants were not subjected to unnecessary delay before presentment, nor were their confessions involuntary.
• Knowles v. Gladden
  378 F.2d 761· 9th Cir.· 1967-05-03 ·cited 24×·via Coerced Confession
  A voluntary and understanding guilty plea conclusively establishes all elements of the offense, rendering the admissibility of prior confessions immaterial.
• Johnson v. Wilson
  371 F.2d 911· 9th Cir.· 1967-01-19 ·cited 24×·via Coerced Confession
  The court held that the district court erred in dismissing the appellant's petition for habeas corpus without an evidentiary hearing.
• Calloway v. State
  189 So. 2d 617· Fla.· 1966-07-13 ·cited 24×
  Frederick Calloway was convicted of first-degree murder and sentenced to death. On appeal, he challenged the admission of his confession, photographs of the victim, jury selection procedures, and the sufficiency of evidence. The Florida Supreme Court affirmed the conviction, find
• Virgil v. Lampe
  288 F.2d 881· D.C. Cir.· 1961-03-09 ·cited 24×
  A defendant cannot raise a new issue on appeal that was not presented to the District Court in a Section 2255 motion. Furthermore, issues fully litigated and decided at trial and on direct appeal cannot be relitigated in a Section 2255 proceeding.
• Judson E. Holt v. United States
  280 F.2d 273· 8th Cir.· 1960-07-13 ·cited 24×
  The court held that the delay in bringing the defendant before a commissioner did not affect the admissibility of his confession, as the confession was made voluntarily and prior to any potentially illegal detention.
• Smith v. United States
  268 F.2d 416· 9th Cir.· 1959-04-23 ·cited 24×
  The court held that the trial court committed reversible error by failing to instruct the jury that they must find admissions voluntary and by allowing the prosecutor to comment on the defendant's failure to testify.
• United States v. Jackson
  256 F.2d 7· 2d Cir.· 1958-05-19 ·cited 24×
  The court held that a confession obtained during a 23-hour detention, without sleep or food, and with evidence of physical abuse, was involuntary and violated due process.
• United States ex rel. Master v. Baldi
  198 F.2d 113· 3d Cir.· 1952-07-08 ·cited 24×
  The district court erred in dismissing the habeas corpus petition without a hearing, as the allegations of a coerced confession, if true, constitute a violation of due process.
• Haines v. United States
  188 F.2d 546· 9th Cir.· 1951-04-17 ·cited 24×
  The court held that the voluntary confessions made by the appellant prior to his arraignment were admissible in evidence, as the delay in arraignment was reasonably necessary and did not constitute an illegal detention for the purpose of extorting a confession.
• Tyson L. Chaffin v. State
  121 So. 3d 608· Fla. 4th DCA· 2013-08-14 ·cited 23×
  Tyson Chaffin appeals his convictions for second-degree murder and tampering with evidence following the fatal shooting of his father. The Fourth District Court of Appeal affirmed the murder conviction and the denial of his suppression motion, but reversed the tampering convictio
• J.G. a child v. State
  883 So. 2d 915· Fla. 1st DCA· 2004-10-11 ·cited 23×
  A 13-year-old juvenile's sexual battery conviction was reversed because the trial court erred in finding that his Miranda waiver was knowing, intelligent, and voluntary, and that his confession was freely given. The confession was obtained through custodial interrogation without
• Hart v. Attorney Gen. OF THE State OF Fla.
  323 F.3d 884· 11th Cir.· 2003-03-05 ·cited 23×
  Robert Hart was convicted of two murders and armed robbery based primarily on a taped confession obtained after he signed a Miranda waiver form. The Eleventh Circuit granted habeas relief, holding that Hart's waiver was involuntary and not made with full awareness of his rights b
• Duffey v. State
  741 So. 2d 1192· Fla. 4th DCA· 1999-09-22 ·cited 23×
  Duffey was convicted of second-degree murder and grand theft for strangling Deborah Helenius in a motel room. The Fourth District Court of Appeal affirmed the conviction, holding that evidence of Duffey's similar prior attack on another woman was properly admitted to rebut his ac
• Taylor v. State
  640 So. 2d 1127· Fla. 1st DCA· 1994-05-25 ·cited 23×
  Walter Taylor was convicted of two counts of first-degree murder for killing Paula Smits and her young daughter Amanda in 1987. The Florida First District Court of Appeal reversed and remanded for a new trial due to cumulative prosecutorial misconduct that deprived Taylor of a fa
• Stano v. Dugger
  901 F.2d 898· 11th Cir.· 1990-05-01 ·cited 23×·via Coerced Confession
  The court remanded for an evidentiary hearing to determine if a detective was part of the prosecution team and acted under the prosecutor's authority for Brady purposes, and for further consideration of a Sixth Amendment claim regarding an informant.
• Smith v. Zant
  887 F.2d 1407· 11th Cir.· 1989-09-29 ·cited 23×
• Henry v. Hayden J. Dees
  658 F.2d 406· 5th Cir.· 1981-10-08 ·cited 23×
  The court held that the defendant's inculpatory statements, made after a polygraph examiner falsely told him he failed the test and engaged in interrogation without proper warnings or counsel, were not voluntary and should have been suppressed.
• United States v. Cobbs
  481 F.2d 196· 3d Cir.· 1973-06-28 ·cited 23×
  The court held that photographic identification procedures, even if post-indictment, are not per se inadmissible, and statements made during custodial interrogation after a knowing and intelligent waiver of rights are admissible, even if counsel is present but not consulted.
• Cooper v. Griffin
  455 F.2d 1142· 5th Cir.· 1972-02-07 ·cited 23×
  The court held that mentally retarded individuals, due to their limited capacity, cannot knowingly and intelligently waive their Miranda rights.
• United States v. Atkinson
  450 F.2d 835· 5th Cir.· 1971-10-08 ·cited 23×
  The court held that the officer had probable cause to arrest Atkinson for possessing a vehicle with a license tag issued to another vehicle, even if the officer did not witness the offense being committed on the highway.
• Brown v. Peyton
  435 F.2d 1352· 4th Cir.· 1970-12-29 ·cited 23×·via Coerced Confession
  The majority holds that the petitioner's guilty plea was voluntary, interpreting Brady v. United States to permit judicial participation in plea bargaining.
• United States v. Harper
  432 F.2d 100· 5th Cir.· 1970-09-17 ·cited 23×
  The court held that the trial court did not err in submitting the issue of the voluntariness of the defendant's incriminating statements to the jury after a preliminary hearing, nor in failing to produce grand jury testimony that was not recorded.
• Davis v. State OF N.C.
  339 F.2d 770· 4th Cir.· 1964-12-08 ·cited 23×
  A confession obtained after prolonged incommunicado detention and interrogation, in violation of the accused's right to counsel and under coercive circumstances, must be excluded.