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
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335 F.2d 724·
D.C. Cir.·
1964-06-26
·cited 23×
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A voluntary and understanding guilty plea waives objections to prior constitutional violations, even if the plea was influenced by evidence obtained from those violations.
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111 Fla. 707·
Fla.·
1933-12-19
·cited 23×
Four defendants convicted of first-degree murder in the robbery and beating death of Robert M. Darsey appealed their death sentences. The Florida Supreme Court initially affirmed their convictions on the merits, but subsequently granted leave for them to petition for writ of erro
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773 So. 2d 582·
Fla. 4th DCA·
2000-11-22
·cited 22×
The court held that a juvenile's confession was voluntary and admissible, despite police misrepresentations about parental notification, because the waiver of Miranda rights was knowing and voluntary.
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599 So. 2d 138·
Fla. 5th DCA·
1992-04-24
·cited 22×
Florida appeals a trial court's suppression of the defendant's confession in a sexual battery and lewd/lascivious act case, arguing the defendant's statements were voluntary and admissible despite his claimed limited mental capacity. The appellate court reverses, holding that abs
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957 F.2d 310·
7th Cir.·
1992-02-18
·cited 22×
The court held that the search of the defendant's car was lawful under the automobile exception and inventory search doctrines, and his confession was voluntary, thus affirming his conviction and sentence.
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956 F.2d 872·
9th Cir.·
1991-06-03
·cited 22×
A jury should be instructed on the consequences of a verdict of not guilty by reason of insanity when properly raised, unless the defendant requests otherwise.
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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.
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838 F.2d 1081·
9th Cir.·
1988-02-11
·cited 22×
The court held that the defendant's confession was inadmissible because the pre-arraignment delay was unreasonable and deliberately caused to obtain the confession, frustrating the purposes of 18 U.S.C. § 3501.
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764 F.2d 695·
9th Cir.·
1985-06-27
·cited 22×
The court held that the appellant was adequately advised of his Fifth and Sixth Amendment rights, and any initial error in advisement was cured by subsequent full Miranda warnings.
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753 F.2d 991·
11th Cir.·
1985-02-22
·cited 22×
The court held that the exclusion of expert psychological testimony regarding the defendant's suggestibility was an error that affected substantial rights, requiring reversal.
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725 F.2d 608·
11th Cir.·
1984-02-13
·cited 22×
The court held that the petitioner was denied effective assistance of counsel at all stages of his trial due to counsel's pervasive failures in investigation, preparation, and strategy, warranting habeas corpus relief.
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721 F.2d 1300·
11th Cir.·
1983-12-09
·cited 22×
The court held that the petitioner abused the writ by failing to present claims in prior petitions without adequate excuse, and thus denied his application for a stay of execution and certificate of probable cause.
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The court held that the district court erred by denying the defendant's motion to dismiss the indictment without conducting a hearing to determine if the evidence the government intended to use was derived from legitimate independent sources, apart from the defendant's immunized
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676 F.2d 1189·
8th Cir.·
1982-04-30
·cited 22×
The court held that the district court did not err in admitting hearsay statements under Fed.R.Evid. 804(b)(5), admitting the defendant's confession, or imposing a sentence under the Federal Youth Corrections Act. The court also held that 18 U.S.C. § 3401(g) does not apply to dis
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401 So. 2d 866·
Fla. 3d DCA·
1981-07-14
·cited 22×
Joseph La Rocca appealed his jury conviction for first degree murder, challenging the admissibility of his confession and arguing that testimony about polygraph results was improperly admitted. The Florida District Court of Appeal affirmed the conviction, finding that the confess
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The majority opinion holds that the Wainwright v. Sykes rule is not implicated by the defendant's jury instruction claim, and that even if it were, the defendant satisfied the cause and prejudice requirements. The dissent disagrees with both holdings.
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608 F.2d 247·
6th Cir.·
1979-10-19
·cited 22×
Due process does not constitutionally require a hearing outside the presence of the jury to determine the admissibility of identification evidence, as long as the trial court makes an independent determination of reliability.
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373 So. 2d 52·
Fla. 4th DCA·
1979-06-13
·cited 22×
Bobby Knight was convicted of armed robbery and sentenced to twenty years in prison. The Fourth District Court of Appeal reversed and remanded for a new trial, finding two reversible errors: admission of hearsay identification testimony without the identifying witness present, an
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592 F.2d 976·
7th Cir.·
1979-02-06
·cited 22×
The court held that a defendant's Due Process rights are violated when the district court judge, in a criminal case where credibility is central to a motion to suppress, relies solely on a magistrate's transcript without personally hearing the witnesses' testimony.
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The court held that the strip search of Berry was supported by reasonable suspicion and that Rieves' statements were not coerced, affirming their convictions.
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570 F.2d 194·
7th Cir.·
1978-02-01
·cited 22×
The court held that the district court erred in summarily denying the habeas corpus petition, as the petition stated a legally sufficient claim under Miranda if the petitioner had indeed requested an attorney.
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572 F.2d 443·
4th Cir.·
1978-01-23
·cited 22×
The prosecutor's comment on the defendant's failure to testify did not invalidate the conviction because the trial judge disregarded it.
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565 F.2d 1248·
2d Cir.·
1977-11-21
·cited 22×
The court held that the photographic identification was not impermissibly suggestive, the identification testimony was admissible under Federal Rule of Evidence 801(d)(1)(C), the denial of a continuance was not an abuse of discretion, and the contempt conviction was proper.
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557 F.2d 1181·
5th Cir.·
1977-08-22
·cited 22×
The court held that the defendant's confession was voluntary and admissible, and that any errors in jury instructions regarding reasonable doubt and flight were harmless.
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351 So. 2d 941·
Fla.·
1977-05-05
·cited 22×
The Florida Supreme Court held that when a trial court denies a motion to suppress a confession without making an explicit finding of voluntariness, a new trial is required rather than a remand for post-conviction findings. The Court emphasized that due process requires an indepe
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509 F.2d 601·
5th Cir.·
1975-03-05
·cited 22×
The court held that the admission of confessions and evidence of prior similar acts was proper, and that the defendants' Sixth Amendment rights were not violated.
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303 So. 2d 705·
Fla. 1st DCA·
1974-12-03
·cited 22×
Defendant Bunch appealed his conviction claiming the trial court failed to explicitly state in its ruling that his confession was voluntary. The court affirmed, holding that where there is no evidence or contention of coercion and the record clearly shows the trial court determin
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295 So. 2d 694·
Fla. 3d DCA·
1974-06-11
·cited 22×
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461 F.2d 666·
2d Cir.·
1972-05-30
·cited 22×
The court held that while the trial judge should have conducted a more thorough inquiry into the defendant's claims of ineffective assistance of counsel, the record as a whole showed the defendant's reasons for seeking new counsel were insubstantial, and the denial of a psychiatr
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The Florida appellate court reversed the trial court's decision to vacate death sentences for Pitts and Lee based on a Rule 1.850 collateral attack motion. Although the trial court found guilt pleas may have been coerced and evidence was suppressed, the appellate court held the e
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415 F.2d 154·
5th Cir.·
1969-08-11
·cited 22×
The failure of trial counsel to question the voluntariness of a confession, based on an unawareness of the then-unconstitutional Texas procedure for determining voluntariness, does not constitute a deliberate bypass of state procedures, allowing the issue to be raised on federal
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414 F.2d 638·
7th Cir.·
1969-07-16
·cited 22×
The court held that the defendants were entitled to judgment as a matter of law because probable cause existed for the plaintiff's arrest, detention, and prosecution.
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The court held that the denial of counsel at a capital case arraignment and the denial of counsel at a post-conviction proceeding require further hearings, and that a coerced confession claim must be examined based on attendant circumstances.
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402 F.2d 394·
10th Cir.·
1968-10-16
·cited 22×
The court held that the appellant's confession was voluntary and that the jury selection process, despite the exclusion of two jurors, did not violate his constitutional rights.
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Henry Leroy Bogan appealed the denial of his petition to vacate a manslaughter conviction, alleging police brutality in obtaining a confession, use of perjured testimony by prosecution witnesses, withholding of exculpatory evidence, and inadequate defense counsel. The appellate c
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392 F.2d 731·
5th Cir.·
1968-03-28
·cited 22×
The court held that the trial court erred in denying the motion to suppress the narcotics found in the hotel room and the defendant's confession, as both were fruits of an illegal search and a constitutionally deficient interrogation.
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204 So. 2d 235·
Fla. 2d DCA·
1967-11-01
·cited 22×
Michael Wade appeals his first-degree murder conviction, challenging the admissibility of his confession and other evidentiary and procedural issues. The Florida appellate court affirms the conviction, finding the confession was freely and voluntarily given despite Wade's mental
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382 F.2d 31·
5th Cir.·
1967-08-11
·cited 22×
The court held that the district court failed to adequately determine the voluntariness of the defendant's confession, requiring a new trial.
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The court held that a federal prisoner is not entitled to an evidentiary hearing on a § 2255 petition if the record conclusively shows he is not entitled to relief.
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372 F.2d 366·
9th Cir.·
1966-11-28
·cited 22×
The dissenting judge disagrees with the majority's finding that the appellant alleged sufficient facts indicating coercion to warrant a hearing.
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188 So. 2d 353·
Fla. 3d DCA·
1966-06-28
·cited 22×
Two appellants challenged their felony convictions on grounds that their arrests without warrants and subsequent search and seizure were unlawful, and that their confessions were involuntary. The Florida appellate court affirmed the convictions, finding that both arrests were aut
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360 F.2d 389·
2d Cir.·
1966-04-29
·cited 22×
The Supreme Court decisions in Massiah and Escobedo should not be applied retroactively to void convictions that occurred before their pronouncements.
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359 F.2d 214·
D.C. Cir.·
1965-12-07
·cited 22×
Confessions obtained from a juvenile under exclusive Juvenile Court jurisdiction were inadmissible, even if jurisdiction was later waived.
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The court held that a defendant's claim of being a minor at trial without parental notification requires an evidentiary hearing, and a claim of a forced confession cannot be raised via a motion for relief.
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The court held that a voluntary guilty plea waives prior constitutional violations, and the district court's findings of no coercion and a voluntary plea were supported by substantial evidence.
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326 F.2d 255·
5th Cir.·
1964-01-09
·cited 22×
Failure to comply with state statutes requiring prompt presentment before a magistrate and advising of rights, standing alone, does not render a confession inadmissible in state court if the confession was otherwise voluntary.
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The court held that the defendants' sentences must be vacated because they were not afforded the right of allocution prior to sentencing as required by Rule 32(a) F.R.Crim.P.
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278 F.2d 418·
9th Cir.·
1960-05-03
·cited 22×
The court held that the district court did not err in admitting the confession, submitting its voluntariness to the jury, or in its instructions, and that sufficient independent evidence existed to support the convictions.