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

• Brooks v. State
  117 So. 2d 482· Fla.· 1960-01-27 ·cited 22×
  James E. Brooks was convicted of murdering Helen Louise Baier, a Western Union employee in Palm Beach, and sentenced to death. On appeal, Brooks challenged the admissibility of his confessions and incriminating photographs, but the Florida Supreme Court affirmed the conviction an
• Hearn v. State
  54 So.2d 651· Fla.· 1951-10-23 ·cited 22×
  The Supreme Court of Florida affirmed a conviction for larceny, holding that the trial court properly admitted confessions. The defendants failed to present evidence challenging the voluntariness of their confessions, despite opportunities to do so.
• Denny v. United States
  151 F.2d 828· 4th Cir.· 1945-11-05 ·cited 22×
  The court held that the indictments were sufficient and that the evidence, including a confession, supported the convictions for conspiracy and making false statements under the Selective Training and Service Act.
• Harvey v. State
  129 Fla. 289· Fla.· 1937-09-20 ·cited 22×
  John Harvey was convicted of theft of a bull calf based on circumstantial evidence. On appeal, Harvey raised twenty-five issues challenging the sufficiency of the information, the evidence, the admission of expert testimony, physical evidence, prosecutorial conduct, and jury inst
• Kelly v. State
  44 Fla. 441· Fla.· 1902-06-01 ·cited 22×
  Sam Kelly, a Black defendant convicted of first-degree murder, appealed his conviction, challenging the exclusion of Black jurors from the jury list, the admission of confessions, and various jury instructions. The Florida Supreme Court affirmed the conviction, finding that Kelly
• Dermio v. State
  112 So. 3d 551· Fla. 2d DCA· 2013-04-05 ·cited 21×
  Adam Dermio appeals the denial of his motion to suppress evidence obtained during a warrantless entry into his parked car and his subsequent confession. The Florida Second District Court of Appeal affirms the denial, holding that the deputy's initial welfare check was lawful and
• United States v. Johnson
  816 F.2d 918· 3d Cir.· 1987-04-24 ·cited 21×
  The court held that the subsequent valid confession rendered any prior Miranda violation harmless error, and the late disclosure of exculpatory evidence did not violate Brady. However, the sentence was vacated due to insufficient factual findings regarding restitution.
• Reed Wayne Hamilton v. Crispus NIX
  809 F.2d 463· 8th Cir.· 1987-01-12 ·cited 21×
  The court held that the testimony of witnesses discovered through lawful means, even if obtained after police misconduct, is admissible under the independent source doctrine. The admission of marijuana was error but harmless, and prosecutorial remarks did not render the trial fun
• Knaubert v. Goldsmith
  791 F.2d 722· 9th Cir.· 1986-06-09 ·cited 21×
  The court held that the district court did not err in dismissing the habeas corpus petition or denying the motion for appointment of counsel, as the petitioner's claims were either procedurally barred, fairly adjudicated in state court, or did not warrant federal intervention.
• Leon v. Louie L. Wainwright
  734 F.2d 770· 11th Cir.· 1984-06-18 ·cited 21×
  The court held that the defendant's post-arrest confession was voluntary and admissible, despite an earlier coerced statement, because there was a sufficient break in the stream of events.
• United States v. Beck
  729 F.2d 1329· 11th Cir.· 1984-04-16 ·cited 21×
  The court held that Beck's Speedy Trial Act rights were not violated, the running shoes were admissible under the good faith exception, the polygraph results were correctly excluded, and his confession was voluntary and not the fruit of an illegal arrest.
• State v. Williams
  386 So. 2d 27· Fla. 2d DCA· 1980-06-27 ·cited 21×
  The court held that a confession is not rendered inadmissible solely because the police failed to obtain a written waiver, failed to re-administer Miranda warnings, or failed to tape-record the confession.
• United States v. Edwards
  539 F.2d 689· 9th Cir.· 1976-08-05 ·cited 21×
  A confession made more than six hours after arrest but before presentment to a magistrate is not per se involuntary, and a warrantless arrest made on a public highway with probable cause is valid.
• Jarriel v. State
  317 So. 2d 141· Fla. 4th DCA· 1975-08-08 ·cited 21×
  A defendant convicted of grand larceny appeals, arguing his confession should have been suppressed. The court agrees, finding the officer improperly induced the confession through threats to arrest the defendant's wife and promises to charge only one count, violating the requirem
• State OF Minn. ex rel. Glen R. Holscher v. Tahash
  364 F.2d 922· 8th Cir.· 1966-08-19 ·cited 21×
  The court held that the defendant is entitled to a determination of the voluntariness of his statements by the state court, rather than the federal court, and that Jackson v. Denno is to be applied retrospectively.
• Smith v. State
  129 Fla. 388· Fla.· 1937-10-04 ·cited 21×
  Johnny Smith was convicted of first-degree murder without mercy recommendation. The Florida Supreme Court affirmed his conviction, rejecting challenges to the jury selection process, the admission of testimony regarding his demeanor after the crime, the admissibility of his confe
• Isiah Chambers v. State
  123 Fla. 734· Fla.· 1936-04-20 ·cited 21×
  The Florida Supreme Court reverses a lower court decision denying a writ of error coram nobis in a capital murder case, finding that confessions obtained through prolonged, persistent interrogation were not freely and voluntarily made and that the trial judge improperly instructe
• Wilson v. State
  871 So. 2d 298· Fla. 1st DCA· 2004-04-19 ·cited 20×·via Coerced Confession
  Donald Wilson appeals the summary denial of his Rule 3.850 postconviction relief motion. The appellate court affirms in part and reverses in part, finding that two of Wilson's ineffective assistance of counsel claims are facially sufficient and require an evidentiary hearing, whi
• Elvis T. Frances v. State
  857 So. 2d 1002· Fla. 5th DCA· 2003-10-31 ·cited 20×·via Involuntary Confession
  A 16-year-old defendant appealed the denial of his motion to suppress a confession, arguing his statements were involuntary because he was not given an opportunity to speak with his mother before police questioning. The Florida appellate court affirmed, holding that there is no c
• Escobar v. State
  699 So. 2d 984· Fla.· 1997-07-10 ·cited 20×
  Dennis Escobar appeals his conviction for first-degree murder and death sentence in the shooting death of Miami police officer Victor Estefan. The Florida Supreme Court reverses and remands, finding reversible error in the trial court's decision to hold a joint trial with his cod
• Cooper v. Dupnik
  963 F.2d 1220· 9th Cir.· 1992-05-05 ·cited 20×
  The dissent argues that the majority's finding of a violation of a substantive right to remain silent is questionable, especially given 18 U.S.C. § 3501 and the lack of a prior holding on its constitutionality.
• State v. Brown
  592 So. 2d 308· Fla. 3d DCA· 1991-12-24 ·cited 20×
  This case reviews whether a defendant's confession was unlawfully obtained after he invoked his right to counsel. The court affirmed the suppression of the confession, finding that the police officer's continued discussion of the case constituted an interrogation that elicited an
• United States v. Matthews
  942 F.2d 779· 10th Cir.· 1991-08-21 ·cited 20×
  The court held that the defendant's confession was voluntary, the seizure of firearms was valid under the plain view doctrine, but the evidence was insufficient to sustain a conviction for using a firearm in a drug trafficking offense. The court also held that the defendant was n
• McCALL v. Dutton
  863 F.2d 454· 6th Cir.· 1988-12-15 ·cited 20×
  The court held that the district court correctly denied the habeas corpus petition because there was no evidence of coercive police activity, which is a necessary predicate for finding a confession involuntary under the Due Process Clause.
• Hawkins v. Lynaugh
  844 F.2d 1132· 5th Cir.· 1988-04-29 ·cited 20×
  The court held that the defendant's confession was voluntary and the evidence was sufficient to sustain the conviction, affirming the denial of federal habeas relief.
• United States v. Shaw
  829 F.2d 714· 9th Cir.· 1987-03-16 ·cited 20×·via Involuntary Confession
  The court held that the prosecutor's opening statement improperly vouched for a witness's credibility, but this error was harmless. The court also held that a mistrial was declared out of manifest necessity, thus retrial did not violate double jeopardy.
• Reddix v. Thigpen
  805 F.2d 506· 5th Cir.· 1986-11-19 ·cited 20×
  The court held that the denial of lesser-included-offense instructions did not violate federal constitutional rights, the jury instructions on intent to rob were adequate, and the confession was voluntary.
• United States v. Capers
  685 F.2d 249· 8th Cir.· 1982-08-17 ·cited 20×
  The court held that the police had probable cause to arrest the defendant, and his subsequent statements were voluntary and admissible.
• United States ex rel. Thomas Riley v. Franzen
  653 F.2d 1153· 7th Cir.· 1981-07-10 ·cited 20×
  A juvenile's request to speak with his father during custodial interrogation does not automatically invoke his Fifth Amendment rights to silence or counsel, and his confession can be voluntary under the totality of the circumstances.
• State v. Merklein
  388 So. 2d 218· Fla. 2d DCA· 1980-08-01 ·cited 20×·via Coerced Confession
  The State appeals the trial court's suppression of confessions and evidence from two robbery suspects, challenging the court's finding that their detention was unreasonable. The appellate court reverses, holding that the officers' 20-40 minute detention pending victim identificat
• United States v. Jess Harlan White
  617 F.2d 1131· 5th Cir.· 1980-05-27 ·cited 20×
  The court held that the district court did not err in instructing the jury or admitting the defendant's confession, evidence from the van search, identification evidence, or the government psychiatrist's testimony.
• United States v. Erasmo Corral-Martinez
  592 F.2d 263· 5th Cir.· 1979-04-02 ·cited 20×
  The court held that the heroin evidence was admissible because the search decision predated any potentially tainted statements, and the defendant's post-arrest statement was voluntary. The court also rejected claims regarding severance, prosecutorial comment on silence, and jury
• United States v. Alvaro Burgos and John Burgos
  579 F.2d 747· 2d Cir.· 1978-07-20 ·cited 20×
  The court held that the evidence against John Burgos was insufficient to support his conviction for conspiracy to distribute cocaine, but affirmed Alvaro Burgos' conviction, finding his confession admissible and his trial fair.
• United States v. Shoemaker
  542 F.2d 561· 10th Cir.· 1976-10-12 ·cited 20×
  The court held that the admission of the appellant's confession and photographs of the victim was not erroneous, as the confession was voluntary and the photographs had sufficient probative value.
• United States v. Thomas
  521 F.2d 76· 8th Cir.· 1975-08-01 ·cited 20×
  The court held that the jury instruction on 'putting in jeopardy' was erroneous because it allowed conviction based on the victim's fear rather than an objective risk of death, but this error did not require reversal due to sufficient evidence for the lesser included offense.
• Hill v. Whealon
  490 F.2d 629· 6th Cir.· 1974-01-11 ·cited 20×
  A suspect's initial invocation of the right to remain silent does not preclude subsequent, voluntary statements if new Miranda warnings are given and there is a reasonable basis to infer a voluntary change of mind.
• United States v. Maxwell
  484 F.2d 1350· 5th Cir.· 1973-10-01 ·cited 20×
  The court held that the admission of the shotgun and the defendants' statements was not erroneous, affirming their convictions.
• United States v. Norris Goss
  484 F.2d 434· 6th Cir.· 1973-08-31 ·cited 20×
  The court held that the trial judge's ruling on the voluntariness of the confession lacked the required clarity and that the issue of voluntariness was not properly submitted to the jury under 18 U.S.C. § 3501.
• United States v. Clotilda Calderon Rojas
  458 F.2d 1355· 9th Cir.· 1972-05-01 ·cited 20×·via Voluntariness Of Admissions
  The court held that the evidence was sufficient to support the conviction and that the appellant's admission was properly admitted into evidence.
• United States v. Ireland
  456 F.2d 74· 10th Cir.· 1972-02-22 ·cited 20×
  The court held that the check was properly admitted into evidence, the confession was voluntary, and the evidence supported the conviction for uttering and publishing a forged instrument.
• United States v. Johnson
  455 F.2d 311· 5th Cir.· 1972-02-03 ·cited 20×
  The court affirmed the convictions, finding that the evidence was sufficient to support the jury's verdict and that the defendants' rights were not violated by the trial court's procedures or instructions.
• United States ex rel. Charles Townsend v. Twomey
  452 F.2d 350· 7th Cir.· 1971-11-19 ·cited 20×
  The district court did not abuse its discretion in granting a writ of habeas corpus based on an involuntary confession, as res judicata does not apply to successive petitions and the facts supported a finding of involuntariness.
• United States ex rel. Clarence Lee Sloan v. McMANN
  415 F.2d 275· 2d Cir.· 1969-09-12 ·cited 20×
  The court affirmed the denial of the habeas corpus petition without reaching the merits, to allow New York courts to adjudicate the appellant's Bruton claim.
• United States ex rel. Frank E. Darrah v. Brierley
  415 F.2d 9· 3d Cir.· 1969-08-29 ·cited 20×·via Coerced Confession
  The court held that the District Court did not err in denying a federal evidentiary hearing on the habeas corpus petition, as the state record was adequate and the appellant's claims lacked sufficient credible evidence.
• United States ex rel. Oscar Leon Rosen v. The Hon. Harold W. Follette
  409 F.2d 1042· 2d Cir.· 1969-02-26 ·cited 20×·via Involuntary Confession
  A habeas corpus petition must allege facts showing not only that a confession was coerced, but also that the guilty plea was involuntary due to the confession.
• Juelich v. United States
  403 F.2d 523· 5th Cir.· 1968-11-15 ·cited 20×·via Coerced Confession
  The court held that the district court did not err in denying a further evidentiary hearing on the appellant's successive motion to vacate his judgment and sentence.
• United States v. Pierce
  397 F.2d 128· 4th Cir.· 1968-06-10 ·cited 20×
• Paulk v. State
  211 So. 2d 591· Fla. 2d DCA· 1968-06-07 ·cited 20×
  Donald Paulk appealed the denial of a Rule 1.850 motion to vacate his sentence for statutory rape, challenging the admission of evidence regarding a forced rape and claiming deprivation of his constitutional right to counsel. The court affirmed the denial, holding that evidentiar
• Le Roy St. Clair Brown, Jr. v. Crouse
  395 F.2d 755· 10th Cir.· 1968-05-06 ·cited 20×·via Coerced Confession
  The court held that the appellant had not exhausted his state remedies because he had not utilized the available Kansas post-conviction relief procedures.
• United States ex rel. Oscar Walden, Jr. v. Pate
  350 F.2d 240· 7th Cir.· 1965-07-27 ·cited 20×·via Coerced Confession
  The exclusionary rule announced in Escobedo v. Illinois is not to be applied retrospectively.