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

• Telfort v. State
  978 So. 2d 225· Fla. 4th DCA· 2008-04-02 ·cited 14×
  Gerald Telfort was convicted of burglary based on fingerprint evidence and a confession. The Fourth District Court of Appeal reversed, finding two errors: the trial court improperly allowed a fingerprint examiner to testify about consultations with other examiners in bolstering h
• Evans v. State
  911 So. 2d 796· Fla. 1st DCA· 2005-02-22 ·cited 14×
  Gregory Evans was convicted of possessing child pornography after confessing during a police interview at his home. He appealed the denial of his motion to suppress the confession, arguing officers violated his rights by failing to answer a question about needing counsel and by d
• Lewis v. State
  780 So. 2d 125· Fla. 3d DCA· 2001-01-24 ·cited 14×
  A 16-year-old defendant convicted of felony murder, robbery, and attempted robbery appeals on grounds of prosecutorial misconduct during closing argument. The Florida appellate court reversed the convictions, finding that the prosecutor's attacks on defense counsel's integrity, i
• Lages v. State
  640 So. 2d 151· Fla. 2d DCA· 1994-07-29 ·cited 14×
  Anthony Lages appealed his convictions for capital sexual battery, lewd acts, and possession of child sexual abuse material, challenging the admission of his confession, hearsay testimony, and jury instructions regarding jury nullification and lesser included offenses. The Florid
• United States v. Menesses
  962 F.2d 420· 5th Cir.· 1992-05-22 ·cited 14×
  The court reversed Harold Bratovich's conviction due to insufficient evidence of his involvement in the conspiracy and aiding and abetting. The court affirmed the denial of Barreto's motion to suppress her confession and the increase in her offense level.
• United States v. Hollis Wesley Shaw
  894 F.2d 689· 5th Cir.· 1990-02-02 ·cited 14×
  The court held that the defendant's statements and identifications were admissible, and the jury instructions were adequate.
• Nedley G. Norman, Jr. v. Ducharme
  871 F.2d 1483· 9th Cir.· 1989-03-31 ·cited 14×
  The court held that a sentence of life without parole imposed under a statute that reserved such a penalty only for those who went to trial is unconstitutional under United States v. Jackson. The court also held that the appellant's confession was admissible.
• Fortner v. State
  538 So. 2d 85· Fla. 2d DCA· 1989-02-03 ·cited 14×·via Coerced Confession
  Kenneth Fortner appeals the summary denial of his postconviction motion for relief. He claims ineffective assistance of counsel for failing to file a motion to suppress evidence obtained after he was questioned without honoring his requests for an attorney and medical treatment.
• State v. Moore
  530 So. 2d 349· Fla. 2d DCA· 1988-07-22 ·cited 14×
  Misstatements and alleged suggestions of leniency made by an interrogating officer do not invalidate the voluntariness of a confession if the totality of the circumstances indicates it was voluntary.
• LaVille Hannon v. Herb Maschner & Attorney Gen. of the State of Kan.
  845 F.2d 1553· 10th Cir.· 1988-05-10 ·cited 14×·via Coerced Confession
  The court held that dismissal for delay under Rule 9(a) was improper because the state failed to make a particularized showing of prejudice in responding to the petition, and that the merits of the ineffective assistance of counsel claim must be addressed.
• Leonel Rios v. State
  510 So. 2d 1025· Fla. 3d DCA· 1987-07-21 ·cited 14×
  The appellate court affirmed the convictions and sentences of Leonel Rios for second-degree murder and unlawful possession of a firearm. The court found no merit in his claims that his confession should have been suppressed or that a mandatory minimum sentence was improperly impo
• United States v. Gordon
  812 F.2d 965· 5th Cir.· 1987-03-09 ·cited 14×
  The court held that a battered wife's statements and Miranda waivers were voluntary, and that the codefendant's trial errors did not warrant reversal.
• United States v. Rohrbach
  813 F.2d 142· 8th Cir.· 1987-03-05 ·cited 14×
  The court held that incriminating statements are voluntary if not the product of coercive police activity, regardless of the defendant's personal characteristics.
• Burdette Woods v. Clusen
  794 F.2d 293· 7th Cir.· 1986-06-25 ·cited 14×
  The court held that the police tactics employed during the interrogation of a juvenile suspect violated his Fifth and Fourteenth Amendment rights, rendering his confession involuntary.
• United States v. Greer
  791 F.2d 590· 7th Cir.· 1986-05-27 ·cited 14×
  An inculpatory statement obtained in violation of Miranda/Edwards, if voluntary, may be used for impeachment purposes. Prosecutor's comments on the uncontradicted nature of the state's case did not violate the defendant's Fifth Amendment rights.
• Sheik Abdel Rahim Ahmad v. Redman
  782 F.2d 409· 3d Cir.· 1986-01-27 ·cited 14×
  The court held that the state failed to establish a knowing and intelligent waiver of Miranda rights by the petitioner.
• United States v. De Robertis
  771 F.2d 1015· 7th Cir.· 1985-08-23 ·cited 14×
  The court held that Miranda warnings do not apply to situations where a suspect voluntarily writes a confession without police interrogation, even if family members encouraged the confession.
• Gorham v. Franzen
  760 F.2d 786· 7th Cir.· 1985-04-23 ·cited 14×
  The majority erred in rejecting the trial judge's findings on waiver, which were not clearly erroneous.
• United States v. Heredia-Fernandez
  756 F.2d 1412· 9th Cir.· 1985-04-02 ·cited 14×
  The court held that the district court did not err in finding confessions voluntary, denying oral argument after evidence, or modifying the sentence by vacating the shorter concurrent term.
• Adan v. State
  453 So. 2d 1195· Fla. 3d DCA· 1984-08-14 ·cited 14×
  The court held that the plaintiff's Jones Act claim was time-barred because the statute of limitations accrued when he knew of his injury and its cause, not when the full extent of his latent injuries became known. The unseaworthiness claim was barred by laches due to the plainti
• Bowden v. Francis
  733 F.2d 740· 11th Cir.· 1984-05-14 ·cited 14×·via Coerced Confession
  The court held that the trial court did not err in failing to order a psychiatric examination for competency, nor did it err in other claims raised by the petitioner.
• United States v. Perez
  733 F.2d 1026· 2d Cir.· 1984-05-03 ·cited 14×
  The court held that 18 U.S.C. § 3501(c) grants trial courts discretion to suppress a confession solely on account of unreasonable pre-arraignment delay exceeding six hours. The statute provides an independent basis for suppression beyond involuntariness.
• COX v. Montgomery
  718 F.2d 1036· 11th Cir.· 1983-11-03 ·cited 14×
  The court held that the district court did not err in denying Cox's habeas corpus petition, affirming the denial of the writ.
• United States v. Clements
  713 F.2d 1030· 4th Cir.· 1983-07-28 ·cited 14×
  The court held that the introduction of evidence was harmless error and that knowledge of an indictment is not necessary for a knowing and intentional waiver of the right to counsel.
• United States v. Bondurant
  689 F.2d 1246· 5th Cir.· 1982-10-28 ·cited 14×
  The court held that the appellant failed to demonstrate cause and actual prejudice for his procedural defaults, and that the record conclusively showed he was entitled to no relief on his claims.
• Fowler v. Parratt
  682 F.2d 746· 8th Cir.· 1982-07-09 ·cited 14×
  The court held that the district court's denial of the petition for a writ of habeas corpus was proper because the petitioner failed to demonstrate prejudice from any alleged errors, whether considered singly or in conjunction, and failed to establish cause for procedural default
• United States v. Kearney
  682 F.2d 214· D.C. Cir.· 1982-06-18 ·cited 14×·via Coerced Confession
  The court affirmed the district court's decision, agreeing that the motion did not sufficiently allege prosecutorial knowledge of perjury, thus no hearing was required.
• Nettles v. State
  409 So. 2d 85· Fla. 1st DCA· 1982-01-18 ·cited 14×
  Stephen Wayne Nettles appeals his first-degree murder conviction, challenging the use of a death-qualified jury and the admissibility of his incriminating statements. The Florida District Court of Appeal affirms the conviction, holding that death-qualified juries do not violate t
• United States v. Williams
  616 F.2d 759· 5th Cir.· 1980-05-05 ·cited 14×
  The court held that the defendant's confession was voluntary, the in-court identification was reliable despite a suggestive photographic display, hearsay evidence was harmless error, and the denial of investigative expenses was not an abuse of discretion.
• Johnson v. Hall
  605 F.2d 577· 1st Cir.· 1979-09-10 ·cited 14×
  The court held that the appellant's confession was voluntary under the totality of the circumstances, despite factors like his injuries, low intelligence, and lack of Miranda warnings.
• Barnason v. State
  371 So. 2d 680· Fla. 3d DCA· 1979-05-15 ·cited 14×
  A defendant cannot challenge grand jury composition if they are not a member of the underrepresented group. A confession is admissible if voluntarily made after Miranda warnings and waiver, even if obtained through psychological interrogation.
• Ozell Plummer v. State
  365 So. 2d 1102· Fla. 1st DCA· 1979-01-03 ·cited 14×
  The court held that the statements and admissions made by the appellant were not freely and voluntarily given and should have been suppressed.
• United States v. Effie Sylvia Little Bear
  583 F.2d 411· 8th Cir.· 1978-09-19 ·cited 14×
  The court held that the defendant's confession was voluntary despite procedural irregularities in the advisement of rights and consent to polygraph examination, and that the jury selection procedure did not violate her constitutional rights.
• United States v. Doyle Kent Ogden
  572 F.2d 501· 5th Cir.· 1978-05-04 ·cited 14×·via Coerced Confession
  The court held that the search of the vehicle was lawful based on probable cause from the odor of marijuana, and that the defendant's post-arrest statements were voluntary and admissible.
• Bedie Thundershield v. Solem
  565 F.2d 1018· 8th Cir.· 1977-11-14 ·cited 14×·via Coerced Confession
  A guilty plea is constitutionally valid even if the defendant maintains their innocence, provided the plea is voluntary, intelligent, and supported by a factual basis, and counsel was effective.
• Williams v. State
  347 So. 2d 472· Fla. 1st DCA· 1977-06-30 ·cited 14×·via Involuntary Confession
  Gloria Williams appeals her conviction for petit larceny (her third such conviction), arguing the trial court erred by not granting a mistrial after the store manager testified that Williams "neither denied nor admitted the charge" when apprehended. The Florida appellate court af
• Parker Charles Peak v. State
  342 So. 2d 98· Fla. 3d DCA· 1977-02-01 ·cited 14×·via Involuntary Confession
  Parker Charles Peak was convicted of attempted petit larceny, uttering a forged instrument, and forgery based in part on statements he made to a private security officer. The court reversed his conviction, holding that involuntary confessions are inadmissible regardless of whethe
• Jeff Mobley ex rel. Andrew Jackson Ross v. Meek
  531 F.2d 924· 8th Cir.· 1976-03-16 ·cited 14×
  A statement made in connection with a plea bargain, even if not an express precondition, is involuntary and inadmissible if the plea bargain is not executed.
• United States v. Lewis
  528 F.2d 312· 4th Cir.· 1975-12-19 ·cited 14×
  The court held that the defendant's confession was voluntary and admissible into evidence, despite claims of coercion due to circumstances.
• United States v. Garrett
  521 F.2d 444· 8th Cir.· 1975-07-23 ·cited 14×
  The court held that the Mann Act is constitutional and that the admission of the defendant's statement and the victim's testimony was proper.
• United States v. Wiggins
  509 F.2d 454· D.C. Cir.· 1975-01-02 ·cited 14×
  The court held that the admission of evidence regarding three prior unrelated killings was prejudicial error requiring reversal, but that the defendant's statements made to police were admissible and the trial court did not abuse its discretion in limiting defense counsel's exami
• United States v. Isaiah Eric Mandley aka "Cap" Canell
  502 F.2d 1103· 9th Cir.· 1974-09-05 ·cited 14×
  A valid Miranda waiver also constitutes a waiver of the right to prompt presentment before a magistrate, and confessions obtained during a delay are admissible if voluntary under 18 U.S.C. § 3501.
• Attilio Agnellino v. State OF NEW Jersey & Howard Yeager
  493 F.2d 714· 3d Cir.· 1974-02-13 ·cited 14×·via Coerced Confession
• United States v. Watson
  469 F.2d 362· 5th Cir.· 1972-11-22 ·cited 14×
  The court held that the government failed to meet its burden of proving by a preponderance of the evidence that the appellant knowingly, intelligently, and voluntarily waived his constitutional rights, given his medical condition at the time of interrogation. The court remanded f
• United States ex rel. Pasquale Delle Rose v. LaVALLEE
  468 F.2d 1288· 2d Cir.· 1972-10-27 ·cited 14×
  The dissenting judge would remand the case to allow the state court to clarify its factual findings regarding the voluntariness of the confessions before the federal district court holds a new evidentiary hearing.
• United States v. Follette
  462 F.2d 1041· 2d Cir.· 1972-06-23 ·cited 14×
  The court held that the defendant's strategy at the first trial, which led to the jury being instructed to convict of either premeditated or felony murder but not both, constituted consent to the procedure and waived any double jeopardy claim upon retrial for felony murder after
• Garner v. United States
  501 F.2d 228· 9th Cir.· 1972-06-05 ·cited 14×·via Coerced Confession
  A taxpayer who files an income tax return and discloses incriminating information without asserting a Fifth Amendment privilege on the return may not invoke that privilege at a later criminal trial to exclude the tax return from evidence. The Fifth Amendment privilege against sel
• Daniels v. Nelson
  453 F.2d 340· 9th Cir.· 1972-01-04 ·cited 14×
  The court held that the petitioner failed to exhaust his state remedies because his current claims regarding the voluntariness of his confession and the adequacy of the appellate record had not been fully presented to the California courts.
• United States v. Moore
  453 F.2d 601· 3d Cir.· 1971-12-22 ·cited 14×
  The court held that the appellant's confession was voluntary and admissible, and that a second Jackson v. Denno hearing was not required.
• Ailsworth v. United States
  448 F.2d 439· 9th Cir.· 1971-09-07 ·cited 14×
  The court held that the introduction of an oral statement, while in violation of Miranda, did not constitute reversible error under the unusual facts of the case, and the appellant's guilt of felony theft was conclusively demonstrated.