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

• State v. Kettering
  483 So. 2d 97· Fla. 5th DCA· 1986-02-13 ·cited 16×
  An involuntary confession made to private parties, based on a promise to avoid prosecution, taints subsequent confessions to police, requiring suppression of all evidence.
• Flittie v. Solem
  751 F.2d 967· 8th Cir.· 1985-01-11 ·cited 16×·via Coerced Confession
  The court held that the Fifth Amendment's double jeopardy clause, through the rule of collateral estoppel, prevents a second prosecution for conduct already adjudicated in a prior trial, regardless of whether the first trial resulted in an acquittal or conviction.
• Stumes v. Solem
  752 F.2d 317· 8th Cir.· 1985-01-08 ·cited 16×
  The court held that the confessions made by Stumes were admissible because he voluntarily and knowingly waived his Miranda rights, and the police scrupulously honored his limited invocation of counsel.
• De La Rosa v. State OF Tex.
  743 F.2d 299· 5th Cir.· 1984-10-09 ·cited 16×
  The court held that the defendant's Miranda warnings were adequately explained and that the jury deliberations, despite brief discussions of parole and a juror's personal experience, did not deprive him of a fair trial.
• Tinsley v. Purvis
  731 F.2d 791· 11th Cir.· 1984-05-07 ·cited 16×
  The court held that the defendant's waiver of counsel was knowing and voluntary, despite the interrogating officers not asking specific questions about his desire for counsel to be present.
• Rogers v. Maggio
  714 F.2d 35· 5th Cir.· 1983-09-09 ·cited 16×
  A federal habeas petitioner is entitled to an evidentiary hearing if they did not receive a full and fair state court hearing on alleged facts entitling them to relief and the record reveals a genuine factual dispute. The court found such a dispute existed regarding ineffective a
• Fowler v. Jago
  683 F.2d 983· 6th Cir.· 1982-07-20 ·cited 16×
  The majority opinion orders a remand for a new evidentiary hearing to determine the voluntariness of statements made by petitioners after arrest, finding the state court's factual determination on voluntariness was not entitled to the presumption of correctness under 28 U.S.C. §
• Gilvin v. State
  418 So. 2d 996· Fla.· 1982-07-15 ·cited 16×
  William Gilvin was convicted of first-degree murder for killing an Episcopal priest, John Hunt, with a hammer during a confrontation that began after Hunt made unwanted homosexual advances. The Florida Supreme Court affirmed the murder conviction but reversed the death sentence i
• United States v. Leyva
  659 F.2d 118· 9th Cir.· 1981-10-13 ·cited 16×
  The court held that a prior conviction for a crime involving dishonesty or false statement is always admissible for impeachment purposes under Federal Rule of Evidence 609(a)(2), and Federal Rule of Evidence 403 does not permit exclusion of such evidence.
• Foreman v. State
  400 So. 2d 1047· Fla. 1st DCA· 1981-07-10 ·cited 16×
  Edward Johnson Foreman appeals his burglary conviction following a plea of nolo contendere with a reserved right to challenge the denial of his motion to suppress his confession. The court reverses, finding that the detective's statements to Foreman about the victim's potential n
• Gaspard v. State
  387 So. 2d 1016· Fla. 1st DCA· 1980-09-10 ·cited 16×
  Danny Ray Gaspard challenges his false imprisonment conviction, arguing that his Thursday morning written confession was tainted by coercive influences from a suppressed Wednesday evening oral confession. The court reverses, holding that the State failed to demonstrate that coerc
• United States v. Bennie E. Barnes
  610 F.2d 888· D.C. Cir.· 1979-08-20 ·cited 16×
  The dissenting judge would affirm the denial of the petition to vacate sentence, finding no basis to consider the appellant's statements involuntary.
• United States v. Ellis
  595 F.2d 154· 3d Cir.· 1979-03-13 ·cited 16×·via Coerced Confession
  The court held that there was sufficient evidence of a conspiracy to violate civil rights, and that the trial court's jury instructions and rulings on prosecutorial misconduct were proper.
• United States v. DiGIACOMO
  579 F.2d 1211· 10th Cir.· 1978-07-07 ·cited 16×
  The court held that the defendant was in custody and required Miranda warnings, and that the warnings given were insufficient, rendering his statements involuntary. The court also held that the seizure of the counterfeit bill was not consensual.
• Bernardo DeCASTRO v. State
  359 So. 2d 551· Fla. 3d DCA· 1978-06-06 ·cited 16×
  Bernardo DeCASTRO appeals his conviction on two counts of robbery and two counts of possession of a firearm during the commission of a felony. The appellate court affirmed the conviction, rejecting his arguments that his statements were obtained in violation of Miranda rights and
• State v. Williams
  358 So. 2d 1094· Fla. 1st DCA· 1978-03-08 ·cited 16×
  The State appealed a trial court's suppression of the defendant's confession on the ground that the police officer made an implied promise of leniency. The appellate court reversed, holding that the officer's statement that he would inform the parole commission of the defendant's
• United States v. Greer
  566 F.2d 472· 5th Cir.· 1978-01-16 ·cited 16×
  The court held that a confession made during illegal detention is admissible if it is voluntary and a result of an intervening act of free will, not the detention itself.
• State v. Holt
  354 So. 2d 888· Fla. 4th DCA· 1978-01-10 ·cited 16×
  The appellate court reviewed an order suppressing incriminating statements made by the appellee, Thomas Holt, who was a confidential informant for the D.E.A. while being investigated for homicide.
• Ferguson v. Boyd
  566 F.2d 873· 4th Cir.· 1977-10-11 ·cited 16×·via Involuntary Confession
• United States v. Kelly
  556 F.2d 257· 5th Cir.· 1977-07-20 ·cited 16×
  The court affirmed the conviction, finding no error in the denial of the motion to suppress the statement, the denial of the recusal motion, the limitations on evidence for the selective prosecution claim, or the denial of the motion for acquittal.
• United States v. Grayson
  550 F.2d 103· 3d Cir.· 1976-09-16 ·cited 16×·via Coerced Confession
  The court did not explicitly state a holding, but the concurring opinion suggests that augmenting a sentence based on a judge's belief that a defendant testified falsely raises substantial constitutional questions.
• Carlson Tanner, Jr. v. Vincent
  541 F.2d 932· 2d Cir.· 1976-08-27 ·cited 16×
  A custodial statement made after complete Miranda warnings is not rendered involuntary solely because it was preceded by an unwarned or inadequately warned statement.
• United States v. Raines
  536 F.2d 796· 8th Cir.· 1976-06-16 ·cited 16×·via Coerced Confession
  A consensual entry into a home, even if obtained by ruse, does not violate the Fourth Amendment, and evidence voluntarily surrendered thereafter is admissible.
• Dezso John Lokos v. Capps
  528 F.2d 576· 5th Cir.· 1976-03-12 ·cited 16×
  The court held that the district court erred in failing to consider all of the petitioner's habeas corpus claims, requiring remand for further proceedings on those claims. The court affirmed the denial of relief on the involuntary confession claim.
• United States v. Rose
  526 F.2d 745· 8th Cir.· 1975-12-12 ·cited 16×
  The court held that the denial of the motion to suppress witness testimony regarding a prior conviction was proper, and that the admission of an exculpatory statement was harmless error. However, the court remanded the case for a hearing on the probable cause for the January 20 a
• Knott v. Howard
  511 F.2d 1060· 1st Cir.· 1975-03-04 ·cited 16×
  The court held that the confessions were admissible because Miranda v. Arizona does not apply to retrials that commenced before Miranda was decided, and the subsequent confession was not tainted by prior inadmissible ones.
• United States v. Solomon
  509 F.2d 863· 2d Cir.· 1975-01-14 ·cited 16×·via Involuntary Confession
  The court held that testimony compelled by the New York Stock Exchange, even under threat of sanctions, is not considered governmental action for the purpose of the Fifth Amendment privilege against self-incrimination, and thus the testimony was admissible.
• Keiper v. Hoyt C. Cupp
  509 F.2d 238· 9th Cir.· 1975-01-13 ·cited 16×
  The court held that the district court did not err in denying the habeas corpus petition without an evidentiary hearing, as the state court record adequately demonstrated the voluntariness of the appellant's statements.
• United States ex rel. Richard W. Mattox v. Scott
  507 F.2d 919· 7th Cir.· 1974-12-12 ·cited 16×
  The court held that the district court erred in denying an evidentiary hearing on whether the petitioner was properly advised of his right to remain silent and voluntarily made his incriminating statements.
• In the Interest of Floyd Steven Husk v. State
  305 So. 2d 19· Fla. 1st DCA· 1974-10-22 ·cited 16×
  In a delinquency proceeding for alleged second-degree murder, the trial court denied the juvenile's motion to suppress his confession with only a bare denial order. The appellate court held that constitutional requirements mandate an explicit finding of voluntariness on the recor
• Royall Collins v. Brierly
  492 F.2d 735· 3d Cir.· 1974-02-05 ·cited 16×
  The court held that a confession is not per se inadmissible if the suspect is not informed of the crime under investigation before signing a Miranda waiver, as long as the waiver is otherwise knowing and intelligent.
• State v. Mullin
  286 So. 2d 36· Fla. 3d DCA· 1973-11-27 ·cited 16×
  Florida appealed the trial court's suppression of a defendant's confession, arguing that the officer's statement that he would inform the court and jury of the defendant's cooperation was not an inducement or threat that would vitiate the confession's voluntariness. The appellate
• United States v. Harden
  480 F.2d 649· 8th Cir.· 1973-07-05 ·cited 16×
  The court held that the defendant knowingly and intelligently waived his right to counsel and voluntarily made incriminating statements, despite drug influence and withdrawal symptoms.
• Dempsey v. Louie L. Wainwright
  471 F.2d 604· 5th Cir.· 1973-01-08 ·cited 16×
  A federal district court is not required to hold an evidentiary hearing on a habeas corpus petition if the state court previously conducted a full and fair hearing on the issue.
• Hart v. Eyman
  458 F.2d 334· 9th Cir.· 1972-03-22 ·cited 16×
  A federal court has the power to issue conditional orders in habeas corpus cases, offering the state alternatives including release, when the state fails to provide a trial transcript or a substitute, especially when the state's own procedures or actions caused the loss of the re
• United States v. Brown
  459 F.2d 319· 5th Cir.· 1971-10-06 ·cited 16×
  The court held that the defendant knowingly and intelligently waived her Miranda rights and that her confession was admissible despite a short delay before presentment to a magistrate.
• Howell v. United States
  442 F.2d 265· 7th Cir.· 1971-04-29 ·cited 16×
  The court affirmed the denial of the § 2255 motions, finding that the defendant's claims of incompetency and involuntary confession were not supported by the record or were waived by trial strategy.
• Wallace v. Hocker
  441 F.2d 219· 9th Cir.· 1971-04-13 ·cited 16×
  A defendant's inculpatory statements cannot be presented to a jury unless they have been found voluntary by a separate tribunal, requiring a preliminary determination by the trial judge.
• United States v. Mills
  434 F.2d 266· 8th Cir.· 1970-10-16 ·cited 16×
  The court held that the eleven-year delay did not violate the defendant's Sixth Amendment right to a speedy trial, and evidentiary rulings and jury instructions were proper.
• Hizel v. Sigler
  430 F.2d 1398· 8th Cir.· 1970-09-01 ·cited 16×
  The court held that while Escobedo did not apply, the trial court erred by failing to sua sponte conduct a Jackson-Denno hearing to determine the voluntariness of the petitioner's admissions, given the circumstances.
• Edwards v. Swenson
  429 F.2d 1291· 8th Cir.· 1970-07-16 ·cited 16×
  The court held that a state prisoner who had his constitutional claims decided on direct appeal has exhausted state remedies and is entitled to a federal habeas corpus hearing on the merits.
• United States ex rel. LeRoy Vanderhorst v. Hon. J. Edwin LaVALLEE
  417 F.2d 411· 2d Cir.· 1969-10-10 ·cited 16×
  The court affirmed the district court's decision, holding that the petition for habeas corpus was properly before the court because the defendant did not deliberately bypass state court procedures to preserve his constitutional claim regarding an involuntary confession.
• United States ex rel. George M. Snyder v. Mazurkiewicz
  413 F.2d 500· 3d Cir.· 1969-07-24 ·cited 16×·via Coerced Confession
  The court held that the record did not sufficiently demonstrate a knowing and intelligent waiver of the right to object to the admission of confessions, thus requiring an evidentiary hearing.
• Camacho v. United States
  407 F.2d 39· 9th Cir.· 1969-02-05 ·cited 16×
  The court held that the three incriminating statements made by the appellant after his hospital discharge were voluntary and admissible, and that the circumstances surrounding his capture and hospitalization did not render these later statements inadmissible due to 'taint' from e
• Brent v. Wingate White
  398 F.2d 503· 5th Cir.· 1968-07-18 ·cited 16×
  The court affirmed the dismissal of the habeas corpus petition, remitting most claims to state courts.
• Ford v. State
  210 So. 2d 33· Fla. 2d DCA· 1968-05-03 ·cited 16×·via Coerced Confession
  Willie Ford, Jr. appealed the summary denial of his post-conviction relief petition challenging his guilty plea to second-degree murder. The court affirmed the denial, holding that Ford failed to state sufficient grounds for relief because his guilty plea was voluntary and knowin
• Sherrick v. Eyman
  389 F.2d 648· 9th Cir.· 1968-02-07 ·cited 16×·via Involuntary Confession
  The court held that a search warrant was invalid because the record did not show the specific information presented to the magistrate to establish probable cause.
• Shorey v. Warden, Md. State Penitentiary
  401 F.2d 474· 4th Cir.· 1968-01-18 ·cited 16×
  The court held that the arrest was lawful, the seizure of clothing incident to that arrest was reasonable, and the suspect's statement was voluntary and admissible.
• Blunt v. State
  203 So. 2d 49· Fla. 1st DCA· 1967-10-12 ·cited 16×
  A prisoner is not entitled to file successive postconviction motions raising grounds already decided or that could have been raised on direct appeal, even if not represented by counsel on prior motions.
• Black v. Beto
  382 F.2d 758· 5th Cir.· 1967-07-13 ·cited 16×
  A federal court's prior determination of confession voluntariness does not satisfy the requirements of Jackson v. Denno, which mandates an initial state court hearing.