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. Parker
  549 F.2d 1217· 9th Cir.· 1977-01-10 ·cited 88×
  The court affirmed the convictions of both defendants, finding no reversible error in the admission of confessions, the legality of arrests, prosecutorial comments, or the handling of evidence.
• United States v. Springer
  460 F.2d 1344· 7th Cir.· 1972-05-25 ·cited 88×
  The court held that the prosecutor's agents' ex parte communication with a represented defendant in custody violates the Fifth Amendment due process clause.
• Lukehart v. State
  776 So. 2d 906· Fla.· 2000-09-28 ·cited 87×
  Andrew Lukehart was convicted of first-degree murder and aggravated child abuse for killing a five-month-old baby and sentenced to death. The Florida Supreme Court affirmed the convictions and death sentence but found error regarding the ex post facto application of the felony pr
• United States v. Hawkins
  823 F.2d 1020· 7th Cir.· 1987-06-17 ·cited 86×
  The court held that the defendant's Miranda waiver and confession were voluntary, the admission of testimony regarding his plans to trade guns for cocaine was proper, and the refusal to give an entrapment instruction was correct.
• Alpha Otis O'Daniel Stephens v. Zant
  631 F.2d 397· 5th Cir.· 1980-11-26 ·cited 86×
  The court held that the Twiggs County court was divested of jurisdiction by Georgia venue provisions, preventing a double jeopardy claim based on a prior plea in that county.
• Witt v. State
  342 So. 2d 497· Fla.· 1977-02-03 ·cited 86×
  Johnny Paul Witt was convicted of first-degree murder and sentenced to death for the brutal killing of an 11-year-old boy in 1973. The Florida Supreme Court affirmed his conviction and death sentence, rejecting challenges to jury selection, his confession, and competency standard
• United States v. Justo Fernan Martinez
  486 F.2d 15· 5th Cir.· 1973-10-12 ·cited 86×·via Coerced Confession
  The court held that the trial judge erred in refusing to accept Martinez' guilty plea and in denying Huila's severance motion, while finding insufficient evidence to convict Padilla-Soris of conspiracy.
• Bailey v. United States
  410 F.2d 1209· 10th Cir.· 1969-05-16 ·cited 86×
  The court affirmed the convictions, finding no abuse of discretion in denying severance, sufficient evidence to support convictions, proper admission of statements, and no reversible error in prosecutorial remarks or jury interference.
• Coffin v. Reichard
  143 F.2d 443· 6th Cir.· 1944-07-03 ·cited 86×·via Coerced Confession
  The court held that allegations of physical and mental incapacity at the time of pleading guilty, and subsequent mistreatment in custody, are sufficient to require a show cause order and further proceedings.
• Castro v. State
  547 So. 2d 111· Fla.· 1989-07-13 ·cited 84×
  Edward Castro was convicted of first-degree murder and robbery with a deadly weapon and sentenced to death. The Florida Supreme Court affirmed the convictions but vacated the death sentence and remanded for a new sentencing hearing due to evidentiary errors in the penalty phase a
• Houser v. United States
  508 F.2d 509· 8th Cir.· 1974-12-11 ·cited 84×·via Coerced Confession
  The court held that challenges to arrest and evidence seizure, denial of confrontation, and testimony of a mentally ill person are not cognizable under 28 U.S.C. § 2255 when the issues were known or could have been raised on direct appeal or were otherwise without merit.
• Wilson v. State
  304 So. 2d 119· Fla.· 1974-11-27 ·cited 84×
  The court held that a specific finding of voluntariness is not required when no coercion is suggested and the evidence clearly supports the confession's voluntary nature. The court also held that the number of peremptory challenges is a procedural matter and the appellant failed
• In re Fried
  161 F.2d 453· 2d Cir.· 1947-02-25 ·cited 84×·via Coerced Confession
  The dissenting judge would affirm the lower court's order in all respects, disagreeing with the majority's suppression of a confession prior to trial.
• Anderson v. State
  863 So. 2d 169· Fla.· 2003-09-25 ·cited 83×
  Fred Anderson, Jr. robbed a bank in Mount Dora, Florida on March 20, 1999, and shot two tellers—killing one and paralyzing the other. The Florida Supreme Court affirmed his convictions for grand theft of a firearm, robbery with a firearm, attempted first-degree murder, and first-
• Brown v. State
  565 So. 2d 304· Fla.· 1990-03-22 ·cited 82×
  Paul Alfred Brown appeals his first-degree murder conviction and death sentence for shooting a 17-year-old girl and her friend. The Florida Supreme Court affirms both the conviction and sentence, rejecting challenges to Miranda warnings, jury selection, jury instructions, and the
• Smith v. State
  407 So. 2d 894· Fla.· 1981-11-12 ·cited 82×
  Jimmy Lee Smith was convicted of the first-degree murders of Bonnie Ward and her twelve-year-old daughter, Donna Strickland, and sentenced to death. The Florida Supreme Court reviewed multiple trial errors claimed on appeal and affirmed the conviction and death sentence, finding
• United States v. Delay
  500 F.2d 1360· 8th Cir.· 1974-07-30 ·cited 82×
  The court held that a prior state conviction does not bar a federal prosecution for the same acts, and that a confession requires corroboration only for tangible crimes, not for intent. It also held that sentences for bank robbery and murder in avoidance of apprehension should no
• United States v. Gorman
  355 F.2d 151· 2d Cir.· 1965-12-07 ·cited 82×
  The court held that the defendants' convictions were valid, affirming the trial court's decisions regarding the mistrial, admissibility of evidence, and confessions.
• Montgomery v. State
  176 So. 2d 331· Fla.· 1965-06-09 ·cited 82×
  Joseph Montgomery was convicted of first-degree murder and appealed, challenging the validity of his conviction on due process grounds based on the lack of appointed counsel prior to indictment and the admission of his extrajudicial confession. The Florida Supreme Court affirmed
• Davis v. State
  90 Fla. 317· Fla.· 1925-10-08 ·cited 82×
  Four men were convicted of breaking and entering with intent to commit a misdemeanor and petty larceny after confessing to the crimes. The Florida Supreme Court affirmed their convictions, rejecting challenges to the admission of their confessions and other trial errors.
• Corn v. Zant
  708 F.2d 549· 11th Cir.· 1983-06-15 ·cited 80×
  The court held that the trial judge's remark about automatic appeal did not rise to the level of constitutional error, and the jury instructions on intent and malice did not impermissibly shift the burden of proof. Therefore, the petitioner did not suffer a due process violation.
• Rivers v. United States
  400 F.2d 935· 5th Cir.· 1968-09-16 ·cited 80×
  The court held that allowing testimony regarding an out-of-court identification of the accused while he was unrepresented by counsel, even if not raised at trial, constituted a fundamental error of constitutional proportions requiring vacation of the conviction.
• Peterka v. State
  640 So. 2d 59· Fla.· 1994-04-21 ·cited 79×
  Daniel Peterka appeals his first-degree murder conviction and death sentence for killing his roommate, John Russell, in Florida. The Florida Supreme Court affirmed the conviction but found harmless errors in the sentencing order related to improperly doubling aggravating circumst
• Simmons v. State
  105 So. 3d 475· Fla.· 2012-10-18 ·cited 78×
  Eric Lee Simmons was convicted of first-degree murder, kidnapping, and sexual battery in the stabbing and beating death of Deborah Tressler and sentenced to death. The Florida Supreme Court affirmed the guilt-phase conviction but reversed the death sentence, finding ineffective a
• Palmes v. Louie L. Wainwright
  725 F.2d 1511· 11th Cir.· 1984-02-17 ·cited 78×
  The court held that the appellant's confession was voluntary and admissible, and that his claims of ineffective assistance of counsel were without merit.
• Robles v. State
  188 So. 2d 789· Fla.· 1966-07-08 ·cited 78×·via Voluntariness Of Admissions
  Alfonso Robles was convicted of first-degree murder under Florida's felony-murder rule for stabbing to death Jean Sterne's daughter during a burglary of the victim's apartment. The Florida Supreme Court reversed and remanded for a new trial, holding that the trial court failed to
• Killough v. United States
  315 F.2d 241· D.C. Cir.· 1962-10-04 ·cited 78×
  The court, in a concurring opinion, argues that a post-arraignment confession is inadmissible if it is tainted by a prior confession obtained in violation of Rule 5(a), and that evidence derived from such a confession is also inadmissible under the "fruit of the poisonous tree" d
• Flowers v. State
  152 Fla. 649· Fla.· 1943-03-30 ·cited 78×
  Edgar Flowers was convicted of rape and sentenced to death. The Florida Supreme Court affirmed the conviction, holding that the victim's identification testimony was sufficient, the victim's submission due to fear of violence constituted rape despite lack of physical resistance,
• Doerr v. State
  383 So. 2d 905· Fla.· 1980-05-08 ·cited 77×
  The Florida Supreme Court held that section 39.03(3)(a) of the Florida Statutes does not automatically render a juvenile's confession inadmissible merely because the juvenile's parents were not notified before interrogation. The statute requires parental notification only when a
• Harris v. Dugger
  874 F.2d 756· 11th Cir.· 1989-05-16 ·cited 76×
  The court held that the appellant's lawyers rendered ineffective assistance of counsel during the penalty phase by failing to investigate and present mitigation evidence, and that the confession was voluntary and the arrest lawful.
• Willis v. Zant
  720 F.2d 1212· 11th Cir.· 1983-11-17 ·cited 76×
  The court held that the petitioner is entitled to an evidentiary hearing on his claims regarding the systematic exclusion of young adults from the jury venire and the prosecutor's historical practice of excluding black individuals from juries through peremptory challenges.
• United States v. Phillips
  640 F.2d 87· 7th Cir.· 1981-02-06 ·cited 76×
  The court held that the district court did not err in denying the defendant's motion for a mistrial, denying his claim of ineffective assistance of counsel, admitting certain evidence, or imposing consecutive sentences.
• United States v. Wingate
  520 F.2d 309· 2d Cir.· 1975-08-04 ·cited 76×
  A co-defendant's statement inculpating another may be admitted if, viewed with other evidence, it clearly implicates the co-defendant, even if not by name.
• United States v. Priest
  409 F.2d 491· 5th Cir.· 1969-03-27 ·cited 76×
  A confession obtained after a suspect explicitly requests an attorney, despite being given Miranda warnings, is inadmissible.
• United States v. Stone
  472 F.2d 909· 5th Cir.· 1973-03-26 ·cited 75×
  The court affirmed the conviction, holding that the trial court did not err in its rulings on competency, confession admissibility, evidence admission, jury instructions, or judicial conduct, and that any errors regarding lesser included offenses were harmless due to concurrent s
• State v. Frierson
  926 So. 2d 1139· Fla.· 2006-02-09 ·cited 74×
  The Florida Supreme Court resolved a conflict between district courts regarding whether evidence seized in a search incident to an arrest based on an outstanding warrant should be suppressed when the arrest warrant was discovered during an illegal traffic stop. The Court held tha
• Adams v. Louie Wainwright
  804 F.2d 1526· 11th Cir.· 1986-11-13 ·cited 74×
  The court held that statements by the trial judge misleading the jury about their sentencing responsibility violated the Eighth Amendment under Caldwell v. Mississippi, and that this claim was not barred by procedural default or abuse of the writ due to a significant change in la
• Amsler v. United States
  381 F.2d 37· 9th Cir.· 1967-05-03 ·cited 74×
  The court held that the majority's decision to reverse the lower court's judgment was correct, but disagreed with the majority's reasoning regarding a violation of Rule 5(a).
• Andrews v. United States
  309 F.2d 127· 5th Cir.· 1962-10-23 ·cited 74×
  Evidence of the defendant's prior incarceration is admissible when it has a direct tendency to prove the particular crime and serves to identify the accused with that specific offense, rather than merely suggesting general criminal disposition. A voluntarily given confession requ
• Owen v. State
  862 So. 2d 687· Fla.· 2003-10-23 ·cited 73×
  In this capital murder case, the Florida Supreme Court affirmed the death sentence of Duane Owen for the 1984 murder of fourteen-year-old Karen Slattery. This was Owen's second direct appeal for this conviction after his original 1990 conviction was reversed due to Miranda violat
• Bevel v. State
  983 So. 2d 505· Fla.· 2008-03-20 ·cited 72×
  Thomas Bevel was convicted of two counts of first-degree murder and one count of attempted first-degree murder in the February 2004 deaths of Garrick Stringfield and his son Phillip Sims, and the wounding of Feletta Smith. The Florida Supreme Court affirmed Bevel's convictions an
• United States v. Espinoza-Seanez
  862 F.2d 526· 5th Cir.· 1988-12-15 ·cited 72×
  The court held that a rational jury could find sufficient evidence to establish the required intent for conspiracy beyond a reasonable doubt.
• United States v. Martinez
  555 F.2d 1269· 5th Cir.· 1977-07-15 ·cited 72×
  The court held that substantial evidence supported the conviction for aiding and abetting cocaine distribution and that the defendant received effective assistance of counsel.
• Brulay v. United States
  383 F.2d 345· 9th Cir.· 1967-08-09 ·cited 72×
  The court held that evidence seized by Mexican officials is admissible in a U.S. court, and statements made to foreign officials are admissible if voluntary under Fifth Amendment standards, even if obtained during prolonged interrogation.
• Evans v. United States
  375 F.2d 355· 8th Cir.· 1967-03-22 ·cited 72×
  Confessions obtained after initial unconstitutional interrogation, even if later warned, are inadmissible if the defendant remains in continuous custody and the initial confession is not effectively purged. However, a co-defendant's conviction may be affirmed if the jury was prop
• Phillips v. State
  88 Fla. 117· Fla.· 1924-07-02 ·cited 72×
  A. S. Phillips was convicted of manslaughter for killing B. W. Silas at a railroad depot. Phillips appealed, challenging the admissibility of evidence regarding his infatuation with Silas's daughter and a post-arrest statement. The Florida Supreme Court affirmed the conviction, h
• Johnson v. State
  696 So. 2d 326· Fla.· 1997-05-08 ·cited 71×
  Ronnie Johnson appeals his death sentence for the murder-for-hire killing of Tequila Larkins at her laundromat in Florida. The Florida Supreme Court affirms both his first-degree murder conviction and the imposition of the death penalty, finding no reversible error in the trial c
• United States v. Tutino
  883 F.2d 1125· 2d Cir.· 1989-06-29 ·cited 71×
  The court held that the evidence was sufficient to convict Larca, the denial of severance motions was not an abuse of discretion, the use of an anonymous jury was justified and properly managed, expert testimony was admissible, redacted statements were admissible under Bruton, an
• Sims v. State
  59 Fla. 38· Fla.· 1910-01-01 ·cited 71×
  Edward Sims was convicted of first-degree murder for cutting a man with a knife on a railroad track, resulting in the victim's death days later. The Florida Supreme Court affirmed the conviction, rejecting Sims's various evidentiary challenges on appeal, holding that testimony re
• Gantling v. State
  40 Fla. 237· Fla.· 1898-01-01 ·cited 71×
  C. G. Gantling was convicted of a crime related to the death of Lilly Gantling. The Florida Supreme Court reversed and granted a new trial, finding multiple errors in jury instructions that improperly qualified the presumption of innocence, the reasonable doubt standard, and the