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

• Padmore v. State
  743 So. 2d 1203· Fla. 4th DCA· 1999-11-10 ·cited 13×
  Vernon Padmore was convicted of first-degree murder, armed kidnapping, armed robbery, and grand theft. He appealed challenging his competency to stand trial, the admissibility of his post-arrest statement, and the admission of photographs at trial. The Florida Fourth District Cou
• Greenawalt v. Ricketts
  943 F.2d 1020· 9th Cir.· 1991-08-22 ·cited 13×
  The Court held that the new rule announced in Minnick v. Mississippi, regarding the inadmissibility of confessions obtained after a request for counsel, cannot be retroactively applied to cases on collateral review. The Court also held that the Enmund v. Florida rule regarding me
• Cannady v. Dugger
  931 F.2d 752· 11th Cir.· 1991-05-16 ·cited 13×
  The court held that subsequent statements made after the defendant requested an attorney were obtained in violation of his Fifth Amendment rights and should have been suppressed.
• State v. Gifford
  558 So. 2d 444· Fla. 4th DCA· 1990-02-28 ·cited 13×
  The Fourth District Court of Appeal reversed a trial court's suppression order, holding that although an initial arrest based on a void warrant was unlawful, a subsequent lawful arrest based on independent probable cause for a sexual offense purged any taint from the initial ille
• United States v. Jaye Wilson
  614 F.2d 1224· 9th Cir.· 1980-03-06 ·cited 13×
  The court held that the manner of serving a forthwith grand jury subpoena, even if delayed, did not constitute an abuse of process warranting suppression of statements, as the delay was for legitimate evidence gathering and the defendant voluntarily waived her rights.
• Williamson v. State OF Ala.
  441 F.2d 549· 5th Cir.· 1971-04-23 ·cited 13×·via Coerced Confession
  A guilty plea waives non-jurisdictional defects, and a plea to avoid the death penalty is not involuntary.
• Woody v. United States
  379 F.2d 130· D.C. Cir.· 1967-05-11 ·cited 13×
  The dissenting judge would hold that a court must sua sponte hold a hearing on the voluntariness of a confession and instruct the jury, even without objection.
• United States ex rel. Murray Dickerson v. Rundle
  363 F.2d 126· 3d Cir.· 1966-07-19 ·cited 13×
  The court held that while the retroactivity of Miranda and Escobedo did not apply, the defendant was entitled to a separate hearing on the voluntariness of his confession under Jackson v. Denno, which is retroactive.
• Buchanan v. State of Fla. ex rel. Clyde R. Husk
  167 So. 2d 38· Fla. 3d DCA· 1964-08-25 ·cited 13×·via Coerced Confession
  A civil engineer charged with accepting a bribe through a go-between was discharged via habeas corpus by the circuit court, which held that the information failed to state a crime and that he had acquired immunity from prior interrogation. The Florida appellate court reversed, ho
• Lewis v. State
  155 So. 2d 841· Fla. 2d DCA· 1963-07-24 ·cited 13×
  Adam Lewis was convicted of bribing a municipal police officer, but the appellate court reversed his conviction because the prosecution violated statutory immunity he received during a separate investigation into bribery of a state official. The State improperly used evidence of
• Woodward v. State
  992 So. 2d 391· Fla. 1st DCA· 2008-10-15 ·cited 12×
  An indigent defendant is entitled to appointed counsel for post-conviction claims if the assistance of counsel is essential for a fair presentation, particularly when complex medical issues or the need for expert testimony is involved.
• Phillips v. State
  877 So. 2d 912· Fla. 4th DCA· 2004-07-21 ·cited 12×·via Coerced Confession
  The appellate court held that the defendant's claim regarding inadequate Miranda warnings was not preserved for review because it was not specifically raised in the trial court. The court also found no fundamental error.
• Boyer v. State
  825 So. 2d 418· Fla. 1st DCA· 2002-05-09 ·cited 12×
  The trial court reversibly erred by excluding expert testimony on false confessions, as it was relevant to the defense that the appellant's confession was false.
• Walker v. State
  771 So. 2d 573· Fla. 1st DCA· 2000-10-31 ·cited 12×
  The court held that inculpatory statements made by the appellant were involuntary because they were induced by a promise of immunity from arrest, and therefore the trial court erred in denying the motion to suppress.
• Bean v. State
  752 So. 2d 644· Fla. 5th DCA· 2000-01-07 ·cited 12×
  Kevin Bean appeals the denial of his motion to suppress a custodial confession to lewd and lascivious assault charges. The court reversed, holding that the investigator violated Bean's rights under Florida law by failing to properly answer his clear questions about his right to c
• Rimpel v. State
  607 So. 2d 502· Fla. 3d DCA· 1992-11-10 ·cited 12×
  Alan Rimpel, a 15-year-old, appeals his conviction for first-degree murder and attempted armed robbery, challenging the admissibility of his confession obtained during a nine-hour police interrogation. The court affirms the conviction, holding that under the totality of circumsta
• Lufkins v. Leapley
  965 F.2d 1477· 8th Cir.· 1992-05-07 ·cited 12×
  The admission of witness statements, even if their cross-examination was ineffective, was harmless error beyond a reasonable doubt because the defendant's confession and other corroborating evidence were overwhelming.
• Williams v. Withrow
  944 F.2d 284· 6th Cir.· 1991-09-11 ·cited 12×
  The court held that the district court correctly granted the habeas corpus petition because the suspect's statements were involuntary due to police coercion and promises of leniency, and their admission was not harmless error.
• Harrison v. State
  562 So. 2d 827· Fla. 2d DCA· 1990-06-06 ·cited 12×
  James Harrison appealed the summary denial of his postconviction motion claiming ineffective assistance of counsel based on alleged failures to suppress his confession and properly advise him about his plea bargain. The court reversed and remanded because the trial court record d
• State v. Cayward
  552 So. 2d 971· Fla. 2d DCA· 1989-11-15 ·cited 12×
  Florida's Second District Court of Appeal affirmed a trial court's suppression of a confession obtained after police fabricated false scientific laboratory reports and presented them to the defendant during interrogation. The court held that while police deception generally does
• Stano v. Dugger
  883 F.2d 900· 11th Cir.· 1989-08-22 ·cited 12×
  Gerald Eugene Stano appealed the denial of his federal habeas corpus petition challenging his death sentence for the 1983 murder of Cathy Scharf. Stano raised fourteen constitutional claims, including Brady violations for suppressed exculpatory evidence, restrictions on presentin
• Fierro v. Lynaugh
  879 F.2d 1276· 5th Cir.· 1989-08-14 ·cited 12×
  The court held that the petitioner's conviction and sentence were constitutional, and his claims regarding coerced confession, insufficient evidence, improper testimony, and failure to consider mitigating evidence were without merit or procedurally barred.
• Singleton v. Thigpen
  847 F.2d 668· 11th Cir.· 1988-05-27 ·cited 12×
  The court held that the petitioner was not denied effective assistance of counsel and that his confession was voluntary, affirming the denial of federal habeas relief.
• Fike v. James
  833 F.2d 1503· 11th Cir.· 1987-12-15 ·cited 12×
  The court held that the state court's finding that the petitioner initiated further communication after invoking his right to counsel is entitled to a presumption of correctness, and thus the subsequent waiver and statement were valid.
• Ballard v. Johnson
  821 F.2d 568· 11th Cir.· 1987-07-14 ·cited 12×
  A state court's finding that a waiver of Miranda rights preceded a confession is a historical fact entitled to a presumption of correctness in federal habeas review if supported by the record. A confession is admissible even if an attorney attempted to contact the suspect during
• Boles v. Foltz
  816 F.2d 1132· 6th Cir.· 1987-04-24 ·cited 12×
  A request for counsel at arraignment invokes the Fifth Amendment right to counsel, and subsequent police-initiated interrogation on unrelated offenses violates the rule established in Edwards v. Arizona.
• United States v. Diaz
  814 F.2d 454· 7th Cir.· 1987-03-16 ·cited 12×
  The court held that the warrantless second entry into the defendant's hotel room was lawful under the 'consent once removed' doctrine, and the seizure of evidence was permissible under the plain view doctrine.
• United States v. Coon
  805 F.2d 822· 8th Cir.· 1986-11-21 ·cited 12×·via Involuntary Confession
  A defendant's guilty plea is not rendered involuntary by a prosecutor's misstatement of the maximum fine if the defendant is informed of the correct maximum before entering the plea and the plea is otherwise voluntary.
• United States v. Thieret
  791 F.2d 543· 7th Cir.· 1986-05-23 ·cited 12×
  The court held that the district court correctly denied federal habeas corpus relief on Fourth and Fifth Amendment claims and that the prosecutor's remarks did not render the trial fundamentally unfair.
• United States v. Derin Pollard
  790 F.2d 1309· 7th Cir.· 1986-05-08 ·cited 12×
  The court held that the district court erred in excluding medical records relevant to the voluntariness of the defendant's confession and that the prosecutor's closing argument impermissibly shifted the burden of proof.
• Stawicki v. Thomas Israel & the Attorney Gen. of the State of Wis.
  778 F.2d 380· 7th Cir.· 1985-12-04 ·cited 12×
  The court held that a subsequent confession made after proper Miranda warnings is not automatically suppressed as fruit of the poisonous tree, even if initial on-street questioning violated Miranda, provided the confession itself was voluntary. The court also found the waiver of
• United States v. Crooks
  766 F.2d 7· 1st Cir.· 1985-06-26 ·cited 12×·via Coerced Confession
  The court held that the evidence was sufficient to support the conspiracy conviction, and that the trial court did not err in denying severance, suppressing statements, or admitting co-conspirator statements.
• Vassar v. Solem
  763 F.2d 975· 8th Cir.· 1985-06-04 ·cited 12×
  The court held that the trial court did not abuse its discretion in denying the defendant's motions for an expert witness, refusing to suppress his confession, refusing to disqualify itself, or denying his motion for a new trial.
• State v. Jones
  461 So. 2d 97· Fla.· 1984-12-20 ·cited 12×·via Coerced Confession
  Florida Supreme Court held that a store employee's detention of a suspected shoplifter does not constitute state action triggering Fifth Amendment protections, thus allowing testimony about the suspect's silence during pre-arrest questioning. The court rejected the Third District
• Walcott v. State
  460 So. 2d 915· Fla. 5th DCA· 1984-11-15 ·cited 12×
  Defendant Walcott appealed his conviction for burglary of a structure, challenging the suppression ruling on his confession and the trial court's retention of jurisdiction over half his sentence. The court affirmed the conviction but vacated the retention of jurisdiction, finding
• Ladell Spann v. Louie L. Wainwright
  742 F.2d 606· 11th Cir.· 1984-09-24 ·cited 12×
  A plea bargain standing alone, without being embodied in a court's judgment, does not create a due process right to specific enforcement.
• United States v. Dockery
  736 F.2d 1232· 8th Cir.· 1984-06-12 ·cited 12×
  The court held that the suspect's confession was admissible because the interrogation was not custodial and the confession was voluntary, despite the absence of Miranda warnings.
• State v. Cartwright
  448 So. 2d 1049· Fla. 4th DCA· 1984-02-22 ·cited 12×
  A juvenile's confession is not inadmissible per se due to technical violations of notice requirements or waiver of counsel rules; the trial court must independently determine voluntariness based on the totality of circumstances.
• United States v. Hall
  724 F.2d 1055· 2d Cir.· 1983-12-28 ·cited 12×
  The dissenting judge would not reach the admissibility of the initial oral confession because the district court abused its discretion by accepting a conditional guilty plea.
• United States v. Givens
  712 F.2d 1298· 8th Cir.· 1983-08-03 ·cited 12×
  The court affirmed the convictions, finding that the trial court did not abuse its discretion in denying severance motions, conducting voir dire, or admitting identification testimony, and that any errors were harmless.
• Queen Elizabeth Wiley v. State
  427 So. 2d 283· Fla. 1st DCA· 1983-02-22 ·cited 12×
  Queen Elizabeth Wiley was convicted of aggravated battery (a lesser included offense of the first degree murder charge) in the death of Patricia Hill. On appeal, Wiley challenged the admission of her confessions obtained after a hypnosis session, alleged racial discrimination in
• Hawk v. Solem
  693 F.2d 825· 8th Cir.· 1982-12-03 ·cited 12×·via Coerced Confession
  A guilty plea is not subject to collateral attack based on a coerced confession unless counsel was ineffective, and there is no constitutional right to a jury determination of competency to stand trial or plead guilty.
• Eason v. State
  421 So. 2d 35· Fla. 3d DCA· 1982-10-26 ·cited 12×
  Marc Sanford Eason appeals his conviction for two counts of first degree murder, claiming he was incompetent to stand trial and insane at the time of the offense due to a prior adjudication of insanity in Michigan. The Florida appellate court affirmed the conviction, holding that
• Porter v. State
  410 So. 2d 164· Fla. 3d DCA· 1981-11-17 ·cited 12×
  Wallace Jerome Porter was convicted of first-degree murder and kidnapping after a jury trial and sentenced to two consecutive life sentences. The Florida Third District Court of Appeal reversed and remanded for a new trial, finding that Porter's confessions were involuntary due t
• Wimberly v. State
  393 So. 2d 37· Fla. 3d DCA· 1981-01-20 ·cited 12×
  Beatrice Wimberly was convicted of first-degree murder in the death of her adopted daughter and sentenced to life imprisonment. She appealed, arguing her confession to the Public Safety Department should be suppressed as fruit of an earlier, unlawful statement given to Opa Locka
• United States v. Dodier
  630 F.2d 232· 4th Cir.· 1980-09-23 ·cited 12×
  The court held that the district court erred in suppressing the defendant's oral confessions, finding them to be voluntarily made.
• United States v. Artie Ray Dufur
  648 F.2d 512· 9th Cir.· 1980-09-17 ·cited 12×
  The court held that the defendant's conviction for first-degree murder was not reversible due to publicity, admission of statements, indictment specificity, denial of a second attorney, or prosecutorial remarks.
• Andrews v. State
  372 So. 2d 143· Fla. 3d DCA· 1979-06-12 ·cited 12×
  Patricia Andrews was convicted of first-degree murder, robbery, burglary, and petty larceny in a joint trial with co-defendant Sublette for the beating death of Louis Broeker during a home invasion. The court affirmed the conviction, rejecting Andrews' claims that denial of sever
• Gov't OF the Canal Zone v. Sierra
  594 F.2d 60· 5th Cir.· 1979-04-26 ·cited 12×
  The court held that the trial court did not err in admitting the appellant's confession and seized items into evidence, affirming the conviction.
• United States v. Stewart
  585 F.2d 799· 5th Cir.· 1978-12-08 ·cited 12×
  The court held that a defendant's refusal to sign a waiver form does not automatically render a post-arrest statement involuntary, and that the jury is the proper arbiter of witness credibility.