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

• Edwards v. Holman
  342 F.2d 679· 5th Cir.· 1965-02-09 ·cited 20×·via Coerced Confession
• McHENRY v. United States
  308 F.2d 700· 10th Cir.· 1962-09-12 ·cited 20×
  The court held that the defendants' oral and written confessions were voluntarily given and admissible, and that the sentences imposed were lawful under the relevant statutes.
• Cochran v. State
  117 So. 2d 544· Fla. 3d DCA· 1960-02-04 ·cited 20×
  Thomas Cochran was convicted of lewd and lascivious assault on a 13-year-old girl and sentenced to four years imprisonment. The Florida District Court of Appeal reversed his conviction, holding that the trial court erred by failing to advise the unrepresented defendant of his con
• United States ex rel. Joseph Corbo v. la Vallee
  270 F.2d 513· 2d Cir.· 1959-09-29 ·cited 20×
  The court held that statements made by a defendant during a lengthy detention, after being denied counsel and witnessing the brutal treatment of a co-defendant, were coerced and thus involuntary, violating due process.
• Crawford v. United States
  219 F.2d 207· 5th Cir.· 1955-01-28 ·cited 20×
• Burns v. Lovett
  202 F.2d 335· D.C. Cir.· 1952-07-31 ·cited 20×·via Coerced Confession
  Habeas corpus is not available to review courts-martial decisions unless there has been a gross violation of constitutional rights that affects the tribunal's basic power to render judgment.
• Anderson v. United States
  124 F.2d 58· 6th Cir.· 1941-12-04 ·cited 20×
  The court held that confessions, even if obtained during illegal detention or without warrant, are admissible if voluntary, and that accomplice testimony alone can support a conviction.
• McCLOUD v. State
  208 So. 3d 668· Fla.· 2016-11-17 ·cited 19×
  Robert McCloud was convicted of two counts of first-degree murder in connection with a home invasion robbery in Poinciana, Florida that resulted in the deaths of Dustin Freeman and Tamiqua Taylor. The Florida Supreme Court affirmed his murder convictions but vacated his death sen
• United States v. Walker
  960 F.2d 409· 5th Cir.· 1992-04-24 ·cited 19×
  The court held that the weight of liquid waste containing methamphetamine should be included in calculating offense levels under the Sentencing Guidelines, and that delays from pre-trial motions toll the Speedy Trial Act clock indefinitely. It also affirmed that methamphetamine r
• Alvord v. Dugger
  541 So. 2d 598· Fla.· 1989-02-09 ·cited 19×
  Gary Alvord petitioned for habeas corpus relief challenging his death sentence for three murders, arguing a Hitchcock violation (jury instructed to consider only statutory mitigating circumstances) and a confession error (Miranda warnings were deficient). The Florida Supreme Cour
• Collins v. Louie L. Wainwright
  311 So. 2d 787· Fla. 4th DCA· 1975-04-11 ·cited 19×
  The court held that the trial judge must make an express finding on the record regarding the voluntariness of the appellant's statement and that a presentence investigation was required.
• Kulyk v. United States
  414 F.2d 139· 5th Cir.· 1969-08-12 ·cited 19×
  The court held that confessions made during illegal state detention are admissible in federal court if there was no 'working arrangement' between state and federal authorities, and that the confessions were voluntary.
• Hurst v. United States
  180 F.2d 835· 10th Cir.· 1950-02-17 ·cited 19×·via Coerced Confession
  The court held that the trial court's finding that the appellant's guilty pleas were freely, intelligently, and voluntarily entered was amply supported by the evidence.
• Pearce v. State
  143 Fla. 347· Fla.· 1940-06-07 ·cited 19×
  Arthur Pearce appeals his embezzlement conviction, arguing the trial court erred by preventing him from cross-examining a witness about whether his confession was voluntarily made and by refusing to require the State to elect which of two inconsistent counts it would proceed on.
• Kalvin Denny v. State
  617 So. 2d 323· Fla. 4th DCA· 1993-03-10 ·cited 18×
  The court held that the trial court did not err in denying the motion for mistrial, refusing to suppress the confession as fruit of illegal arrest, or refusing to suppress the second statement for Miranda violations, and did not abuse its discretion in refusing to admit codefenda
• Simpson v. State
  562 So. 2d 742· Fla. 1st DCA· 1990-05-09 ·cited 18×
  Julia Simpson was convicted of second-degree murder for shooting her husband. The appellate court reversed and remanded for a new trial, finding the trial court failed to make an unmistakably clear determination of voluntariness regarding her confession and improperly instructed
• United States v. Everton G. Wilson
  895 F.2d 168· 4th Cir.· 1990-02-05 ·cited 18×
  The court held that the initial encounter and subsequent search were permissible under the Fourth Amendment, and the denial of a voluntariness hearing was not an abuse of discretion due to the defendant's failure to timely raise the issue.
• Rivera v. State
  547 So. 2d 140· Fla. 4th DCA· 1989-04-26 ·cited 18×
  Michael Thomas Rivera appeals his convictions for kidnapping, attempted murder, aggravated child abuse, and aggravated battery arising from an attack on an eleven-year-old girl. The court affirms his convictions for attempted murder and kidnapping but reverses the convictions for
• Weidner v. Thieret
  866 F.2d 958· 7th Cir.· 1989-01-31 ·cited 18×
• Terrovona v. Kincheloe
  852 F.2d 424· 9th Cir.· 1988-07-07 ·cited 18×
  The court held that the admission of hearsay testimony was constitutional, but remanded for further review of the warrantless arrest, waiver of rights, and admission of prior conviction evidence.
• United States v. Eccles
  850 F.2d 1357· 9th Cir.· 1988-07-01 ·cited 18×
  The court held that it lacked jurisdiction to hear the defendant's interlocutory appeal from the denial of her motions, and affirmed the district court's partial suppression of statements due to psychological coercion.
• United States v. Wauneka
  842 F.2d 1083· 9th Cir.· 1988-03-21 ·cited 18×
  The court held that the defendant's post-warning statements were admissible under Oregon v. Elstad because the pre-warning statements were voluntary, and that the government's failure to disclose certain information did not constitute a Brady violation.
• United States v. Pelton
  835 F.2d 1067· 4th Cir.· 1987-12-18 ·cited 18×
  The court held that the defendant's incriminating statements were voluntary and that the evidence supported his convictions for espionage and attempted espionage. The court also affirmed the constitutionality of FISA and its application in this case.
• United States v. Fountain
  776 F.2d 878· 10th Cir.· 1985-10-30 ·cited 18×
  The court held that the defendant's confession was voluntary and admissible, and that the trial court did not err in denying his motion to suppress.
• Fryer v. Crispus NIX
  775 F.2d 979· 8th Cir.· 1985-10-21 ·cited 18×
  The court held that Fryer's habeas corpus petition was properly denied because the evidence was sufficient for conviction, the prosecution did not suppress material exculpatory evidence, his confession was voluntary, the voluntariness hearing was constitutionally adequate, and th
• United States v. Shears
  762 F.2d 397· 4th Cir.· 1985-05-23 ·cited 18×
  The dissenting judge would affirm the district court's suppression of the confession, finding the district judge's determination that an implied promise of leniency induced the confession was not clearly erroneous.
• Miller v. Fenton
  741 F.2d 1456· 3d Cir.· 1984-08-17 ·cited 18×
  The court held that the majority erred in treating the voluntariness of a confession as a question of fact, thereby deferring to state court findings, when Supreme Court precedent establishes it as a mixed question of law and fact requiring independent federal review.
• United States v. Packer
  730 F.2d 1151· 8th Cir.· 1984-03-27 ·cited 18×
  The court held that the affidavit was sufficient to establish probable cause for the search warrant, statements made during a subsequent interrogation with counsel present were admissible, and the trial was timely under the Speedy Trial Act.
• Enriquez v. State
  449 So. 2d 845· Fla. 3d DCA· 1984-03-20 ·cited 18×
  A 15-year-old appellant was convicted of second-degree murder of a state trooper, first-degree felony murder of a wrecker driver, and robbery after shooting both men during an armed carjacking attempt on the Florida Turnpike. The appellate court affirmed the murder convictions bu
• United States v. Ayres
  725 F.2d 806· 1st Cir.· 1984-01-19 ·cited 18×
  The court held that the agents had probable cause to arrest Ayres, and his subsequent statements at the police station were admissible despite the suppression of earlier statements made at the breachway. The court also found no reversible error in evidentiary rulings or jury view
• Prudence F. Williams v. State
  441 So. 2d 653· Fla. 3d DCA· 1983-10-04 ·cited 18×
  Prudence Williams appeals her first-degree grand theft conviction based on the denial of her motion to suppress her confession. The Florida appellate court reversed the conviction and suppressed the confession, finding that law enforcement officers extracted it through lies, thre
• United States ex rel. Leon Blackwell v. Franzen
  688 F.2d 496· 7th Cir.· 1982-09-13 ·cited 18×
  The court held that the trial court's limitation on cross-examination, while close, did not violate the petitioner's Sixth Amendment right to confrontation because defense counsel had sufficient alternative means to impeach the witness. The court also affirmed the district court'
• Harley v. State
  407 So. 2d 382· Fla. 1st DCA· 1981-12-18 ·cited 18×
  The court held that forcing a defendant to trial on numerous new charges with insufficient time for preparation violates the constitutional right to a fair trial.
• Fields v. State
  402 So. 2d 46· Fla. 1st DCA· 1981-08-11 ·cited 18×
  A juvenile appellant challenged his conviction for robbery based on the admission of uncounseled confessions obtained after he expressly but ineffectively waived his Miranda rights. The court reversed, holding that despite the appellant's express waiver, the state failed to meet
• State v. Caballero
  396 So. 2d 1210· Fla. 3d DCA· 1981-04-21 ·cited 18×
  Florida appeals a trial court's dismissal of a loitering and prowling charge and suppression of evidence and confession against Jorge Caballero. The appellate court reverses, finding the officer had probable cause to arrest Caballero based on the totality of circumstances and tha
• Busch v. State
  392 So. 2d 272· Fla. 1st DCA· 1980-11-17 ·cited 18×
  On remand from the U.S. Supreme Court following Payton v. New York, the court considers whether a warrantless, nonconsensual entry into Busch's home violated the Fourth Amendment and whether his resulting confession must be suppressed. The court remands for further factual findin
• Collier v. State
  353 So. 2d 1219· Fla. 3d DCA· 1977-12-27 ·cited 18×
  The court held that the trial judge did not err in denying the motion to suppress the confession or in denying the motion to dismiss the probation violation charges.
• Bond v. State OF Okla.
  546 F.2d 1369· 10th Cir.· 1976-12-20 ·cited 18×
  The court held that the admission of a co-defendant's confession, while constitutional error, was harmless beyond a reasonable doubt given the overwhelming independent evidence of guilt. Other claims regarding improper conviction, denial of hearings, severance, and prejudicial ev
• United States v. Ulysses Thomas McDANIEL
  545 F.2d 642· 9th Cir.· 1976-07-12 ·cited 18×
  The court held that the trial court erred in its jury instruction regarding aiding and abetting and in restricting cross-examination on Miranda warnings.
• United States v. Daniels
  528 F.2d 705· 6th Cir.· 1976-02-03 ·cited 18×
  The court held that the defendant's statements were admissible, the jury's verdict was not inconsistent, and the trial court did not err in its procedural rulings.
• In re James Frederick Weir. United States v. Weir
  520 F.2d 662· 9th Cir.· 1975-07-18 ·cited 18×·via Coerced Confession
  The court adhered to its prior decision, finding the refusal to answer grand jury questions unjustified despite claims of coerced confession.
• United States ex rel. Alfred Lewis v. Henderson
  520 F.2d 896· 2d Cir.· 1975-06-04 ·cited 18×
  The court held that while the state court adequately determined the issue of physical coercion, the claim of mental and psychological coercion was never sufficiently developed or passed upon, requiring a federal evidentiary hearing.
• United States ex rel. William Hayward v. Johnson
  508 F.2d 322· 3d Cir.· 1975-01-28 ·cited 18×
  The court held that a juvenile's confession, obtained after Miranda warnings and considering the totality of the circumstances, was voluntary and admissible, and that the district court did not err in denying an evidentiary hearing.
• United States v. Crook
  502 F.2d 1378· 3d Cir.· 1974-08-02 ·cited 18×
  The dissenting judge believes the district court's judgment should be affirmed because the majority opinion incorrectly characterized the district court's reasoning and overrules prior precedent.
• Glinsey v. Parker
  491 F.2d 337· 6th Cir.· 1974-02-13 ·cited 18×
  The court held that the admission of co-defendants' confessions, even with limiting instructions, violated the confrontation clause unless the statements were adopted by the defendant or the error was harmless beyond a reasonable doubt. Silence in custody does not constitute adop
• Montgomery v. United States
  469 F.2d 148· 5th Cir.· 1972-10-31 ·cited 18×·via Involuntary Confession
  The court held that a district court must conduct an evidentiary hearing when a motion to vacate a conviction raises a bona fide controversy of fact, and cannot rely solely on affidavits.
• United States v. Hollis
  450 F.2d 1207· 5th Cir.· 1971-11-18 ·cited 18×
  The court affirmed the conviction but remanded for consideration of sentencing under the Narcotic Addict Rehabilitation Act.
• United States ex rel. John Schaedel v. Follette
  447 F.2d 1297· 2d Cir.· 1971-08-13 ·cited 18×
  The court held that a federal habeas applicant who deliberately bypasses state court procedures, including failing to object to evidence or raise issues on appeal, may be denied relief.
• United States v. Edick
  432 F.2d 350· 4th Cir.· 1970-10-14 ·cited 18×
  An employee of a bank's service corporation, performing essential functions for the bank, is considered 'connected in any capacity with' the bank for purposes of 18 U.S.C. § 656, and the prohibition against false entries in 18 U.S.C. § 1005 applies regardless of the defendant's s
• Oliver v. State
  239 So. 2d 637· Fla. 1st DCA· 1970-10-01 ·cited 18×
  Billy Ray Oliver was convicted of first-degree murder for setting fire to a building and killing Travis Earl Crow III. The Florida District Court of Appeal affirmed his conviction, rejecting challenges to the change of venue denial, jury selection procedures, admission of confess