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

• Mancera v. State
  600 So. 2d 550· Fla. 2d DCA· 1992-06-19 ·cited 8×·via Coerced Confession
  The court held that the trial court erred in summarily denying the motion regarding the alleged failure to suppress a coerced confession and the failure to investigate exculpatory witnesses.
• United States v. Kelley
  953 F.2d 562· 9th Cir.· 1992-01-14 ·cited 8×
  A third party's limited access to a bedroom, even for a specific purpose like using a telephone, is insufficient to grant valid consent for a warrantless search of that bedroom.
• United States v. Barnett
  939 F.2d 405· 7th Cir.· 1991-07-31 ·cited 8×·via Coerced Confession
  The court held that a defendant's initial false statement to investigators, which was a denial of guilt, did not warrant a sentence enhancement for obstruction of justice, but false testimony under oath at a suppression hearing did.
• United States v. Anderson
  929 F.2d 96· 2d Cir.· 1991-04-02 ·cited 8×
  The court held that misleading statements by an agent after Miranda warnings, suggesting cooperation would be forfeited by requesting a lawyer, rendered the initial confession involuntary. This taint also rendered a subsequent confession involuntary.
• United States v. Ali I. Mizyed
  927 F.2d 979· 7th Cir.· 1991-03-18 ·cited 8×
  The court held that the indictment was sufficient, the confession was voluntary, the evidence was sufficient for conviction, and the restitution order was valid.
• State v. Stevens
  574 So. 2d 197· Fla. 1st DCA· 1991-01-23 ·cited 8×
  The State appealed a trial court's order suppressing defendant Stevens' statements to police, which were obtained after an illegal warrantless detention for interrogation. The appellate court held that while Stevens' arrest violated the Fourth Amendment due to lack of probable ca
• Boggs v. Bair
  892 F.2d 1193· 4th Cir.· 1989-12-12 ·cited 8×
  The Fourth Circuit held that the district court erred in granting habeas relief as to the penalty phase, reversing that decision, but affirmed the denial of relief as to the guilt phase. The court found no constitutional error in the admission of the confession, the search of the
• Campaneria v. Reid
  891 F.2d 1014· 2d Cir.· 1989-12-12 ·cited 8×
  The dissenting judge would reverse the district court's denial of habeas corpus, finding the admission of an unconstitutionally obtained tape recording was not harmless error.
• Kordenbrock v. Scroggy
  889 F.2d 69· 6th Cir.· 1989-11-03 ·cited 8×
  The admission of the full written confession was harmless error, and the denial of access to an independent psychiatrist did not violate due process because the defendant did not present an insanity defense.
• Russell v. Jones
  886 F.2d 149· 8th Cir.· 1989-09-19 ·cited 8×
  The court affirmed the denial of the habeas corpus petition, finding no ineffective assistance of counsel, no suppression of confession, and sufficient evidence for conviction. The court also affirmed the denial of the state's request for transcript costs.
• Owens v. Dewitt Treder
  873 F.2d 604· 2d Cir.· 1989-04-20 ·cited 8×
  The dissenting judge holds that the appellant is barred from relitigating the issue of police coercion in obtaining his confession because the state appellate court's decision was unambiguous in rejecting the claim on the merits.
• Terry v. LeFEVRE
  862 F.2d 409· 2d Cir.· 1988-11-23 ·cited 8×
  The court held that the petitioner's confession and the murder weapon were not obtained in violation of his Miranda rights or through coercion, and affirmed the denial of his habeas corpus petition.
• United States v. Josan Wolf Patino
  862 F.2d 128· 7th Cir.· 1988-11-10 ·cited 8×
  The court held that the defendant's second confession, made six days after an illegal search and her first confession, was admissible because sufficient time and intervening circumstances purged the taint of the initial illegality.
• Green v. Scully
  850 F.2d 894· 2d Cir.· 1988-06-20 ·cited 8×
  The court held that the totality of the circumstances, not just the presence of promises, determines confession voluntariness, and affirmed the denial of the habeas corpus petition.
• McFADDEN v. D.A. Garraghty
  820 F.2d 654· 4th Cir.· 1987-06-08 ·cited 8×
  The court held that breaks in custody, changes in interrogation location and interrogators, and proper Miranda warnings vitiated an initial violation of the Edwards rule, and that subsequent confessions were voluntary.
• George Jones M-2329 v. Zimmerman
  805 F.2d 1125· 3d Cir.· 1986-11-28 ·cited 8×
  The court held that denying suppression of an inculpatory statement implicitly ruled it voluntary, and that the failure to submit the voluntariness issue to the jury was not a constitutional error requiring reversal. The court also found no violation of the right to counsel.
• Hall v. A.L. Lockhart
  806 F.2d 165· 8th Cir.· 1986-11-25 ·cited 8×
  The court should afford Hall an evidentiary hearing on his claim of newly discovered evidence.
• United States ex rel. Rickie Cole v. Lane
  793 F.2d 155· 7th Cir.· 1986-06-11 ·cited 8×
  The court held that the district court erred in applying 28 U.S.C. § 2254(d) to the ultimate issue of confession voluntariness, which is a question of law, not a finding of fact. The case must be reexamined in light of Miller v. Fenton.
• United States v. Milford Eugene Slader
  791 F.2d 655· 8th Cir.· 1986-05-27 ·cited 8×
  The court held that any errors in admitting the defendant's statement or witness testimony were harmless beyond a reasonable doubt, and the evidence was sufficient to support a conviction for first-degree murder.
• United States v. Cervantes-Gaitan
  792 F.2d 770· 9th Cir.· 1986-05-09 ·cited 8×·via Coerced Confession
  The court should remand for findings of fact and conclusions of law because the district court denied a suppression motion without adequate findings, making appellate review impossible.
• Spiker v. State
  477 So. 2d 1063· Fla. 2d DCA· 1985-10-25 ·cited 8×
  Danny Spiker appeals his conviction for burglary and related offenses, challenging the trial court's denial of his motion to suppress a confession obtained during police interrogation. The court affirmed the conviction, holding that Spiker's confession was voluntary despite his i
• United States v. Valencia
  773 F.2d 1037· 9th Cir.· 1985-10-08 ·cited 8×
  The admission of testimony regarding a defendant's refusal to sign a Miranda waiver form is an error of constitutional proportions, but can be deemed harmless if the evidence of guilt is overwhelming.
• United States v. Alderete-Deras
  743 F.2d 645· 9th Cir.· 1984-09-20 ·cited 8×·via Involuntary Statements
  The court held that the failure to provide Miranda warnings does not render an alien's statements inadmissible in a deportation proceeding, absent a showing of coercion.
• United States v. Gonzalez
  736 F.2d 981· 4th Cir.· 1984-06-11 ·cited 8×
  The court held that the trial judge erred by failing to make a preliminary finding on the voluntariness of the defendant's incriminating statement before submitting it to the jury.
• United States v. Welsh
  721 F.2d 1142· 7th Cir.· 1983-11-30 ·cited 8×
  The court held that the appellant's incriminating statements were voluntarily given and that there was sufficient evidence to support his conviction for knowing possession of stolen property.
• United States v. Thunder
  714 F.2d 765· 8th Cir.· 1983-07-29 ·cited 8×
  The court held that admitting pretrial statements of nontestifying codefendants that incriminated each other in a joint trial violated the Sixth Amendment right to confrontation, and this error was not harmless.
• In the Interest of K. H.
  418 So. 2d 1080· Fla. 4th DCA· 1982-08-04 ·cited 8×·via Coerced Confession
  A juvenile's confession was obtained after a police officer promised he would not be charged if he confessed. Although the officer later withdrew the promise when the juvenile was caught lying, the court held the subsequent confession inadmissible because the juvenile reasonably
• Harrison v. Owen
  682 F.2d 138· 7th Cir.· 1982-06-29 ·cited 8×·via Coerced Confession
  The admission of Harrison's oral incriminating statements to police was harmless error beyond a reasonable doubt because his subsequent confession to a friend was nearly identical and admitted into evidence.
• United States v. Magnuson
  680 F.2d 56· 8th Cir.· 1982-06-17 ·cited 8×
  The court held that guilty pleas waived objections to suppression motions, and that the trial court properly admitted evidence and imposed sentence.
• Brockelbank v. State
  407 So. 2d 368· Fla. 2d DCA· 1981-12-18 ·cited 8×
  Brockelbank was convicted of ten counts of burglary and grand theft based on confessions obtained after police promised to release him from custody. The court reversed his conviction, holding that confessions induced by promises of benefit are involuntary and inadmissible.
• Collins v. Housewright
  664 F.2d 181· 8th Cir.· 1981-11-18 ·cited 8×·via Coerced Confession
  The court held that the state trial court's failure to conduct a pretrial competency inquiry did not violate federal constitutional standards because the facts presented did not raise a bona fide doubt as to the defendant's competence.
• United States v. Linus Roy Poitra
  661 F.2d 98· 8th Cir.· 1981-10-12 ·cited 8×
  The appellate court held that the trial court's findings regarding the voluntariness of the oral confession were not clearly erroneous and therefore the confession was properly admitted into evidence.
• United States v. Sonderup
  639 F.2d 294· 5th Cir.· 1981-03-13 ·cited 8×
  The court held that a judge's review of a presentence report after a defendant consents to an early review does not automatically require recusal, and that separate sentences for violations of 18 U.S.C. § 2113(a) and § 2113(d) are improper.
• Nelson v. McCARTHY
  637 F.2d 1291· 9th Cir.· 1980-11-28 ·cited 8×
  The court held that a high blood alcohol content does not automatically invalidate a waiver of constitutional rights, and that statements made to a psychiatrist were admissible even after the defendant invoked his right to remain silent with a detective, as his rights were scrupu
• Montes v. Jenkins
  626 F.2d 584· 7th Cir.· 1980-07-25 ·cited 8×
  The court held that the introduction of a codefendant's adoption of the petitioner's confession was not a violation of confrontation rights, and the confession itself was voluntary and not the fruit of illegal detention.
• United States v. McKNIGHT
  593 F.2d 230· 3d Cir.· 1979-02-21 ·cited 8×·via Coerced Confession
  The court held that it has the power to remand a case to the district court for a determination of excusable neglect, even if appellate jurisdiction is uncertain.
• Morgan v. Estelle
  588 F.2d 934· 5th Cir.· 1979-01-29 ·cited 8×
  The court affirmed the denial of habeas corpus relief, holding that federal courts cannot grant relief on Fourth Amendment claims if the state provided an opportunity for full and fair litigation of those claims.
• Alexander v. Smith
  582 F.2d 212· 2d Cir.· 1978-08-07 ·cited 8×
  The court affirmed the denial of the habeas corpus petition, holding that the petitioner's confession was voluntary and not obtained in violation of his Fifth or Sixth Amendment rights.
• Miller v. State OF Md. & Gerald A. Keller
  577 F.2d 1158· 4th Cir.· 1978-06-22 ·cited 8×
  The court held that the district court correctly denied the habeas corpus petition because the state court's findings regarding the voluntariness of the confession were not clearly erroneous.
• Bradley v. State
  356 So. 2d 849· Fla. 4th DCA· 1978-03-14 ·cited 8×
  Joseph Bradley appealed his nolo contendere plea to robbery, challenging the trial court's denial of three suppression motions. The court found the confession obtained through an improper promise of leniency should have been suppressed and reversed for a new trial.
• King v. State
  355 So. 2d 831· Fla. 3d DCA· 1978-02-21 ·cited 8×
  Dale James King appeals his conviction for two murders and two attempted murders committed in Miami in 1974. The Third District Court of Appeal affirmed King's conviction and life sentence, rejecting his claims that discovery violations, improper cross-examination regarding his p
• Triplett v. Azordegan
  570 F.2d 819· 8th Cir.· 1978-02-21 ·cited 8×·via Involuntary Confession
  The court held that the appellant failed to state a claim under 42 U.S.C. § 1983 because the appellee prosecutor's actions, both in obtaining the confession and in his alleged concealment, were either not actionable or not performed under color of state law.
• Frederic D. Jennings v. Casscles
  568 F.2d 229· 2d Cir.· 1977-11-10 ·cited 8×
  The court affirmed the denial of habeas corpus relief, finding the confession voluntary and admissible, and declining to consider a waiver claim not raised below.
• State v. Dixon
  348 So. 2d 333· Fla. 2d DCA· 1977-05-04 ·cited 8×
  The State appeals suppression orders that excluded confessions from Dixon and Godbolt in a murder investigation. The Florida appellate court affirmed the suppression, holding that the defendants did not unequivocally waive their Miranda rights because police continued interrogati
• United States v. Zamarripa
  544 F.2d 978· 8th Cir.· 1976-11-19 ·cited 8×
  The court held that the defendant's incriminating statements were admissible because he knowingly and voluntarily waived his Miranda rights, and that a telephone conversation was admissible as evidence of concert of action or to explain a witness's actions.
• Howard v. Maggio
  540 F.2d 1280· 5th Cir.· 1976-10-22 ·cited 8×·via Coerced Confession
  The court affirmed the denial of habeas relief, finding no constitutional violations in the state court proceedings.
• United States v. Haskins
  536 F.2d 775· 8th Cir.· 1976-06-07 ·cited 8×
  The court held that evidence of a co-defendant's escape and hostage-taking was admissible as part of the robbery and escape process, and that confessions and expert testimony were properly admitted.
• United States ex rel. Ronald Burbank v. Warden, Ill. State Penitentiary
  535 F.2d 361· 7th Cir.· 1976-05-05 ·cited 8×
  The court held that the arresting officers had probable cause to arrest the petitioner based on witness descriptions and the arresting officer's personal knowledge of the neighborhood and its inhabitants. The court also held that the state trial court adequately determined the vo
• McDONNELL v. State
  336 So. 2d 553· Fla.· 1976-03-17 ·cited 8×
  The erroneous refusal of a trial judge to conduct an evidentiary hearing on a properly filed motion to suppress a confession cannot be harmless error.
• Gross v. The United States
  531 F.2d 482· Ct. Cl.· 1976-02-18 ·cited 8×
  The court held that the plaintiff's constitutional claims were without merit, and therefore, he was not entitled to recover pay and allowances.