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

• United States v. Turner
  926 F.2d 883· 9th Cir.· 1991-02-22 ·cited 10×
  The court held that the search warrant was valid despite the oath being administered after the facts were presented, the entry was justified by exigent circumstances, the evidence seized incident to arrest was lawful, statements made were voluntary, the superseding indictment did
• Martsay Bolder v. Armontrout
  921 F.2d 1359· 8th Cir.· 1990-12-12 ·cited 10×
  The dissenting judge holds that the district court correctly found Bolder's trial counsel was constitutionally ineffective for failing to present age and background mitigating evidence, and that post-conviction counsel was also ineffective.
• United States v. Bustamante-Saenz
  894 F.2d 114· 5th Cir.· 1990-01-31 ·cited 10×
  The court held that the warrantless stop and search of the vehicle was lawful due to probable cause, and that the delay in presenting the defendants to a magistrate did not warrant suppression of their confessions.
• Smith v. Zant
  855 F.2d 712· 11th Cir.· 1988-08-26 ·cited 10×
  The court held that the defendant did not intelligently waive his Miranda rights due to his mental limitations and the circumstances of the interrogation, and that the admission of his confession was not harmless error as to his conviction for malice murder and armed robbery.
• United States v. Perez-Padilla
  846 F.2d 1182· 9th Cir.· 1988-05-23 ·cited 10×·via Coerced Confession
  The court held that the trial judge did not err in denying the motion to suppress statements or in giving a Jewell instruction, affirming the conviction.
• United States v. Causey
  835 F.2d 1527· 5th Cir.· 1988-01-11 ·cited 10×·via Coerced Confession
  A conviction will not be set aside due to delay in bringing a defendant before a magistrate unless the defendant shows prejudice from the delay.
• Solomon Richardson v. Duckworth
  834 F.2d 1366· 7th Cir.· 1987-12-04 ·cited 10×
  The court held that the petitioner received adequate Miranda warnings and voluntarily confessed, thus his Fifth Amendment rights were not violated.
• United States v. Josan Wolf Patino
  830 F.2d 1413· 7th Cir.· 1987-09-10 ·cited 10×
  The court held that the warrantless search of Patino's home violated the Fourth Amendment, and her first confession, made shortly after the illegal search, must be suppressed as fruit of the poisonous tree. The admissibility of the second confession was remanded.
• Crespo v. Armontrout
  818 F.2d 684· 8th Cir.· 1987-05-20 ·cited 10×
  The court held that the admission of the defendant's incriminating statements did not violate his constitutional rights and that a prosecutor's question on cross-examination did not render the trial fundamentally unfair.
• Towne v. State
  495 So. 2d 895· Fla. 1st DCA· 1986-10-13 ·cited 10×
  Jack Stanley Towne was arrested for loitering and prowling under Florida law and subsequently confessed to serious crimes including armed burglary, aggravated assault, and sexual battery with a weapon. On appeal, Towne challenged the lawfulness of his arrest and the voluntariness
• United States v. Colon-Padilla
  770 F.2d 1328· 5th Cir.· 1985-09-16 ·cited 10×
  The court held that the district court had jurisdiction over offenses committed by a service member on a military reservation and that the defendant's confession was admissible. The indictment was also found to be sufficient.
• United States v. Ashby
  771 F.2d 392· 8th Cir.· 1985-08-26 ·cited 10×
  The court held that the district court did not err in refusing jury instructions regarding the timing of the offense and lesser included offenses, nor in admitting Ashby's confession.
• Burbine v. Moran
  753 F.2d 178· 1st Cir.· 1985-01-25 ·cited 10×
  The court held that the failure to inform a suspect in custody that his attorney was seeking to see him, when coupled with misleading information given to the attorney, vitiated the suspect's waiver of his Fifth Amendment right to counsel during questioning.
• Alphonso Morgan v. Zant
  743 F.2d 775· 11th Cir.· 1984-09-21 ·cited 10×
  The court held that the jury instruction at the sentencing phase was constitutionally infirm for failing to adequately explain the nature and function of mitigating circumstances. The court also found the conviction itself to be constitutionally sound.
• United States v. Fisher
  700 F.2d 780· 2d Cir.· 1983-02-01 ·cited 10×·via Involuntary Confession
  The court held that the evidence used for conviction was derived from independent sources, not from the defendant's allegedly involuntary statements, and thus the conviction stands.
• Smith v. State
  422 So. 2d 1065· Fla. 1st DCA· 1982-12-01 ·cited 10×
  Florida appellate court affirmed robbery conviction, holding that warrantless arrest based on hearsay information was lawful if veracity was shown by either credibility or reliability (not both), and that the defendant's confession was voluntary despite promises to notify authori
• United States v. ELK
  682 F.2d 168· 8th Cir.· 1982-06-30 ·cited 10×
• Leon v. State
  410 So. 2d 201· Fla. 3d DCA· 1982-02-23 ·cited 10×
  Leon was convicted of kidnapping and firearm possession after confessing to police. He appealed arguing his confessions should be suppressed due to police threats and violence used during arrest. The Florida District Court of Appeal affirmed, holding that the initial coercion at
• United States ex rel. Theodore Ross v. Franzen
  668 F.2d 933· 7th Cir.· 1982-01-13 ·cited 10×
  The court held that the majority opinion erred in vacating the state trial court judgment based on habeas corpus power.
• Tuff v. State
  408 So. 2d 724· Fla. 1st DCA· 1982-01-12 ·cited 10×
  Woodrow Tuff Jr. was convicted of armed robbery of a convenience store and sentenced to 75 years imprisonment. On appeal, he challenged the admission of his confession, arguing the trial court failed to expressly find it voluntary and that he invoked his right to counsel. He also
• Fritchie v. McCARTHY
  664 F.2d 208· 9th Cir.· 1981-12-17 ·cited 10×
  The court held that the state court's determination of the voluntariness of the confession was supported by the record and that the appellant was not denied effective assistance of counsel.
• Castleberry v. Warden Mack H. Alford & the Attorney Gen. of the State of Okla.
  666 F.2d 1338· 10th Cir.· 1981-12-15 ·cited 10×
  The federal court held that the state court's determination that the confession was voluntary was supported by the record and should not have been overturned.
• Plant v. State
  407 So. 2d 966· Fla. 1st DCA· 1981-12-09 ·cited 10×·via Involuntary Confession
  Willie Plant challenges the suppression denial of evidence obtained during a traffic stop. The court affirms, holding that Officer Mundy had probable cause to stop Plant's vehicle based on its match to the description of a getaway car used in a recent armed robbery.
• Miller v. State
  403 So. 2d 1017· Fla. 5th DCA· 1981-07-22 ·cited 10×
  The court held that knowledge of a defendant's representation by counsel on an unrelated charge does not preclude questioning about the current charge if Miranda warnings are given and the defendant waives counsel.
• Myles v. State
  399 So. 2d 481· Fla. 3d DCA· 1981-06-09 ·cited 10×
  Albert John Myles, Jr. was convicted of second-degree murder and involuntary sexual battery and sentenced to consecutive terms of 99 and 30 years. On appeal, the court reversed the trial judge's retention of jurisdiction as an unconstitutional ex post facto application of a 1977
• Norris Bernard Hawkins v. Louie L. Wainwright
  399 So. 2d 449· Fla. 4th DCA· 1981-06-03 ·cited 10×
  The court held that the appellant's confession was voluntary, despite pre-tape comments and off-tape emotional distress, based on the totality of the circumstances.
• State v. Presley
  389 So. 2d 216· Fla. 5th DCA· 1980-09-17 ·cited 10×
  The State appealed the dismissal of a second degree murder charge against Robert Presley, who was charged after his accomplice was killed by police during a robbery. The court affirmed the denial of Presley's motion to suppress his confession but reversed the dismissal of the mur
• United States v. Hart
  619 F.2d 325· 4th Cir.· 1980-04-14 ·cited 10×
  The court held that a confession is not rendered involuntary by an agent's statement that cooperation would be reported to the U.S. Attorney, and that a previously asserted right to counsel can be waived.
• Finley v. State
  378 So. 2d 842· Fla. 1st DCA· 1979-12-19 ·cited 10×
  Finley appeals his conviction for first-degree murder and armed robbery, challenging the trial court's denial of his motion to suppress confessions and admissions. The appellate court affirmed the conviction, finding the statements were voluntarily made and properly admitted into
• United States v. Smith
  608 F.2d 1011· 4th Cir.· 1979-11-09 ·cited 10×
  The court held that the defendant effectively waived his Miranda rights, as his statement was voluntary, knowing, and intelligent, and his right to cut off questioning was scrupulously honored.
• United States v. Doby
  598 F.2d 1137· 8th Cir.· 1979-05-16 ·cited 10×
  The court held that the defendant's confession was admissible, as it was not the fruit of an illegal search and was voluntarily made, and that the trial court did not err in denying a mistrial or allowing an amendment to the indictment.
• Elwood Lamar Albright v. State
  378 So. 2d 1234· Fla. 2d DCA· 1979-05-02 ·cited 10×
  Elwood Albright appeals his conviction and life sentence for bank robbery, contending that prejudicial statements by two state witnesses and the admission of his confession violated his right to a fair trial. The appellate court reversed and remanded for a new trial, finding that
• Headrick v. State
  366 So. 2d 1190· Fla. 1st DCA· 1978-12-28 ·cited 10×
• United States v. McAVOY
  574 F.2d 718· 2d Cir.· 1978-04-17 ·cited 10×
  The court held that the jury instructions regarding the 'in jeopardy' and 'assault' elements of aggravated bank robbery were not erroneous, and the sentences imposed were not duplicative.
• Crowell v. Zahradnick
  571 F.2d 1257· 4th Cir.· 1977-12-20 ·cited 10×
  The court held that the petitioner failed to exhaust state remedies by raising a new constitutional claim for the first time on appeal, and the claim was also barred by state procedural grounds.
• Chaney v. Louie L. Wainwright
  561 F.2d 1129· 5th Cir.· 1977-10-31 ·cited 10×
  The dissenting judge would hold that a minor's request to contact his mother must be honored before custodial interrogation, and failure to do so renders subsequent statements inadmissible.
• United States v. Mayes
  552 F.2d 729· 6th Cir.· 1977-04-18 ·cited 10×
  The court held that the arrest was illegal due to insufficient probable cause, rendering the subsequent confession inadmissible. Additionally, the consent to search the apartment was coerced, making the discovered evidence inadmissible.
• United States v. Arona Fary Diop
  546 F.2d 484· 2d Cir.· 1976-12-03 ·cited 10×
  The court held that the defendant's claims of not understanding Miranda warnings and denying making statements did not sufficiently raise the issue of voluntariness under 18 U.S.C. § 3501(a) to require a jury instruction.
• United States ex rel. Robert Hudson v. Cannon
  529 F.2d 890· 7th Cir.· 1976-02-04 ·cited 10×·via Involuntary Statements
  The court held that allegations of involuntary statements or Sixth Amendment violations during interrogation are sufficient to entitle a petitioner to an evidentiary hearing regarding the admissibility of third-party testimonial fruits.
• United States v. Yamashita
  527 F.2d 954· 9th Cir.· 1975-12-30 ·cited 10×
  The court held that the trial court did not err in denying the appellant's right to counsel, admitting confessions, or commenting on the appellant's failure to testify.
• United States v. Baker
  523 F.2d 741· 5th Cir.· 1975-11-17 ·cited 10×
  The court held that the trial court erred in denying the defendant a complete transcript of the first trial, as it is a necessary tool for an effective defense.
• United States v. Green
  523 F.2d 968· 9th Cir.· 1975-10-01 ·cited 10×
  The court held that a co-user with joint access and control over premises can provide valid third-party consent to search, and that a confession is not rendered inadmissible by prior confrontation with illegally seized evidence if the confession is otherwise voluntary.
• United States v. Ellison
  494 F.2d 43· 5th Cir.· 1974-05-20 ·cited 10×
  The court held that the jury was adequately instructed on specific intent, the defendant's admissions were corroborated, the mail was stolen, and the proof supported the convictions.
• Demattia v. State
  292 So. 2d 390· Fla. 3d DCA· 1974-04-02 ·cited 10×
• Reba Louise Smith v. State
  288 So. 2d 522· Fla. 3d DCA· 1974-01-08 ·cited 10×
  Florida appellate court reversed a manslaughter conviction because the trial court failed to make an unmistakably clear finding of voluntariness regarding the defendant's confession, as required by controlling precedent.
• United States v. Sheria Harvey
  483 F.2d 448· 5th Cir.· 1973-08-08 ·cited 10×
  The court held that the defendant's confession was voluntary and admissible, and that there was sufficient evidence to support the jury's verdict.
• United States v. Ziegele
  474 F.2d 1356· 3d Cir.· 1973-03-05 ·cited 10×
  The court held that the state suppression hearing was adequate and the trial court correctly determined the confession was voluntary, affirming the denial of habeas corpus.
• United States v. Brierley
  471 F.2d 657· 3d Cir.· 1973-01-09 ·cited 10×
  The court held that a prior federal district court decision, affirmed on grounds of procedural exhaustion rather than merits, does not preclude reconsideration of the same issues in a subsequent habeas corpus petition. The court also found that undue delay in state appellate proc
• Williams v. State
  261 So. 2d 855· Fla. 3d DCA· 1972-05-16 ·cited 10×·via Involuntary Confession
  Herbert Lee Williams was convicted of second-degree murder for his role as an accomplice in a robbery-homicide. He appealed on three grounds: that a detective's testimony about oral statements should have been excluded because a written confession was inadmissible, that the evide
• United States v. Scogin
  459 F.2d 182· 8th Cir.· 1972-05-02 ·cited 10×
  The court held that the defendant's confession was voluntary and admissible, and that the trial court did not err in denying a mistrial.