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

• Purvis v. Dugger
  932 F.2d 1413· 11th Cir.· 1991-06-10 ·cited 6×
  The dissenting judge would grant the writ of habeas corpus, finding that the admission of Purvis's confession violated Miranda, either due to custody issues or the improper admission of details obtained after custody began.
• Weidner v. Thieret
  932 F.2d 626· 7th Cir.· 1991-05-13 ·cited 6×
  The court held that the prior appellate decision regarding the procedure for gathering evidence on remand constituted the law of the case and was not subject to reconsideration under the new evidence or clearly erroneous exceptions.
• Hill v. Lockhart
  927 F.2d 340· 8th Cir.· 1991-02-28 ·cited 6×
  The jury's selection of 'no evidence of any mitigating factor' impermissibly ignored undisputed evidence of the defendant's youth, which is a statutory mitigating factor.
• Hewitt v. State
  575 So. 2d 273· Fla. 4th DCA· 1991-02-20 ·cited 6×
  Edgar Hewitt appealed his conviction for first-degree murder and robbery, challenging the trial court's denial of a jury instruction on the effects of habitual intoxicant use on insanity. The Fourth District Court of Appeal reversed on the instruction issue, finding it was revers
• Cooper v. Dupnik
  924 F.2d 1520· 9th Cir.· 1991-02-06 ·cited 6×
  Denying a suspect counsel to coerce a confession violates due process and 42 U.S.C. § 1983, regardless of the suspect's guilt or innocence.
• United States v. Josef John Casal
  915 F.2d 1225· 8th Cir.· 1990-10-08 ·cited 6×
  The court held that the defendant's confession was voluntary and admissible, and that the district court did not abuse its discretion in denying a mistrial, expert witness appointment, or a Sentencing Guidelines reduction.
• United States v. Harris
  914 F.2d 927· 7th Cir.· 1990-09-27 ·cited 6×
  The court held that an attorney's out-of-court statements, made while acting as the client's agent, are admissible against the client as non-hearsay under Federal Rule of Evidence 801(d)(2)(D), provided no significant policy concerns are infringed.
• Derrick v. R.S. Peterson
  924 F.2d 813· 9th Cir.· 1990-08-28 ·cited 6×
  The court held that Derrick's confession was voluntary under the Fourteenth Amendment and his Miranda waiver was knowing and intelligent, affirming the denial of his habeas corpus petition.
• Smith v. Duckworth
  910 F.2d 1492· 7th Cir.· 1990-08-23 ·cited 6×
  The court held that the state failed to demonstrate sufficient prejudice due to delay in filing the habeas petition, and that Smith's confession was involuntary based on the totality of the circumstances.
• Bowen v. State
  565 So. 2d 384· Fla. 5th DCA· 1990-08-09 ·cited 6×
  The court held that the defendant's statements were not obtained in violation of his Fourth or Fifth Amendment rights and were therefore admissible.
• United States v. Diaz
  891 F.2d 1057· 2d Cir.· 1989-12-14 ·cited 6×
  The court held that a jury instruction allowing the inference of participation in the theft of checks from mere possession of recently stolen checks was unduly prejudicial and deprived the defendant of a fair trial.
• Collazo v. Estelle
  898 F.2d 87· 9th Cir.· 1989-09-01 ·cited 6×
  The court held that the defendant's confession was voluntary and admissible, as it was not the product of police coercion despite initial improper statements.
• Mayo v. Lynaugh
  882 F.2d 134· 5th Cir.· 1989-06-30 ·cited 6×
  The court held that the prisoner's constitutional rights were not violated and affirmed the denial of his habeas corpus petition.
• Smith v. United States
  876 F.2d 655· 8th Cir.· 1989-06-02 ·cited 6×·via Coerced Confession
  The court held that the defendant waived most of his claims by pleading guilty and that his remaining contentions were meritless.
• Sumpter v. Crispus NIX
  863 F.2d 563· 8th Cir.· 1988-12-07 ·cited 6×
  The court held that the defendant's confession was voluntary and his sentence did not violate double jeopardy principles.
• Fairchild v. A.L. Lockhart
  857 F.2d 1204· 8th Cir.· 1988-09-26 ·cited 6×
  The court affirmed the district court's rejection of the defendant's claims of ineffective assistance of counsel and coerced confession.
• Smith v. Duckworth
  856 F.2d 909· 7th Cir.· 1988-09-06 ·cited 6×
  The court held that while the state court's implicit finding of a voluntary Miranda waiver is entitled to deference, a remand is necessary for an evidentiary hearing on the voluntariness of the confession itself due to insufficient record evidence.
• Cooper v. Scroggy
  845 F.2d 1385· 6th Cir.· 1988-04-26 ·cited 6×
  The court held that Calloway's confession was unconstitutionally admitted, but Cooper's confession was not. However, Cooper's Sixth Amendment rights were violated by the admission of Calloway's confession against him.
• Howard v. State
  515 So. 2d 430· Fla. 4th DCA· 1987-11-18 ·cited 6×·via Involuntary Confession
  Willie Howard was convicted of burglary after the trial court admitted his statements to an armed victim who had recovered stolen property and confronted him at gunpoint. The appellate court reversed and remanded for a new trial, holding that Howard's statements were involuntary
• Rickie Cole v. Lane
  830 F.2d 104· 7th Cir.· 1987-10-02 ·cited 6×
  A confession is voluntary if it is the product of an essentially free and unconstrained choice, even if a promise of leniency was made, provided the totality of circumstances do not show the defendant's will was overborne.
• State v. Ferrer
  507 So. 2d 674· Fla. 3d DCA· 1987-05-12 ·cited 6×
  The State appeals a suppression order excluding the defendant's confessions. The court reverses, holding that the defendant's reinitiation of contact with police after invoking counsel, combined with fresh Miranda warnings and valid waiver, cured any constitutional defect, and th
• United States v. Scheigert
  809 F.2d 1532· 11th Cir.· 1987-02-17 ·cited 6×
  A confession is not involuntary solely due to a defendant's mental defect or addiction; police coercion is a necessary predicate. The trial court did not err in denying a hearing on voluntariness or admitting rebuttal testimony.
• Beasley v. O.L. McCOTTER
  798 F.2d 116· 5th Cir.· 1986-08-05 ·cited 6×·via Involuntary Confession
  The court held that the appellant's claims were waived or abandoned, and therefore, his petition for rehearing was denied.
• Jefferies v. Louie L. Wainwright
  794 F.2d 1516· 11th Cir.· 1986-07-25 ·cited 6×·via Coerced Confession
  Denial of a free transcript to an indigent defendant is unconstitutional only if the transcript is valuable to the defense and no functional alternatives exist.
• United States v. Short
  790 F.2d 464· 6th Cir.· 1986-05-05 ·cited 6×
  The court would remand for further proceedings to determine the admissibility of the defendant's statements, finding the trial court did not have an adequate opportunity to rule on the issues.
• Huckelbury v. Louie L. Wainwright
  781 F.2d 1544· 11th Cir.· 1986-02-10 ·cited 6×
  The court held that the confession was voluntary and preceded by adequate Miranda warnings, despite the timing of the warnings relative to the confession.
• Rone v. Wyrick
  764 F.2d 532· 8th Cir.· 1985-06-14 ·cited 6×
  A juvenile's confession is admissible if voluntarily made under the totality of the circumstances, even without parental presence, provided the juvenile knowingly and intelligently waived their rights.
• United States v. Benally
  756 F.2d 773· 10th Cir.· 1985-03-05 ·cited 6×
  The court held that the trial court erred by summarily denying a motion to suppress statements without a voluntariness hearing and by giving an erroneous jury instruction regarding stipulated facts.
• Rice v. State
  451 So. 2d 548· Fla. 2d DCA· 1984-06-20 ·cited 6×
  William Edward Rice's conviction was reversed because the trial court failed to make an unmistakably clear finding that his confession was voluntary before the motion to suppress was denied. The appellate court held that trial judges must explicitly determine voluntariness by a p
• Williams v. Maggio
  727 F.2d 1387· 5th Cir.· 1984-03-26 ·cited 6×
  The court held that while the state trial court erred by not holding a hearing on the voluntariness of the incriminating statement, the error was harmless because the record supported the statement's voluntariness and there was no evidence of coercion.
• Marquis v. United States
  698 F.2d 13· 1st Cir.· 1983-01-10 ·cited 6×·via Coerced Confession
  The court held that the petitioner's guilty plea was voluntary and valid, and the district court did not err in denying his motion to vacate the sentence.
• Henthorne v. State
  409 So. 2d 1081· Fla. 2d DCA· 1982-01-08 ·cited 6×
  Daniel Henthorne appeals his armed robbery conviction, arguing his confession was involuntary. The court agrees that the police officer's promise not to charge him with two other robberies if he identified his coperpetrator rendered the confession involuntary and inadmissible, th
• Lancey Williams v. State
  397 So. 2d 1044· Fla. 4th DCA· 1981-05-13 ·cited 6×
  The appellate court held that the trial court's failure to explicitly state a finding of voluntariness for a confession is not reversible error if the record clearly demonstrates the judge fulfilled this duty, even if a written order is missing.
• United States ex rel. John Morgan Burton, III v. Greer
  643 F.2d 466· 7th Cir.· 1981-03-09 ·cited 6×
  The court held that the petitioner was not denied effective appellate review because the missing portion of the transcript was not germane to any issue that could have been raised on appeal.
• Cason v. State
  373 So. 2d 372· Fla. 2d DCA· 1979-06-29 ·cited 6×
  William Michael Cason was convicted of first-degree murder, but the Florida District Court of Appeal reversed his conviction because his confession was obtained in violation of his Miranda rights through calculated illegal circumstances and coercive police tactics after he repeat
• Ervin G. Taylor v. Hopper
  596 F.2d 1284· 5th Cir.· 1979-06-15 ·cited 6×
  The dissenting judge believes the record does not show the petitioner intelligently waived his Sixth Amendment right to counsel.
• United States v. Beecher Belve Robinson, Jr.
  593 F.2d 573· 4th Cir.· 1979-03-08 ·cited 6×
  The court held that the district court abused its discretion by denying the government a continuance pending appeal of a suppression order and by dismissing the indictment, and that the statements were not patently involuntary.
• Thompson v. Linn
  583 F.2d 739· 5th Cir.· 1978-11-08 ·cited 6×
  The federal district court properly adopted the state court's findings of fact and independently applied the relevant constitutional standards to deny the petition for a writ of habeas corpus.
• Breedlove v. State
  364 So. 2d 495· Fla. 4th DCA· 1978-10-25 ·cited 6×·via Involuntary Statements
  Dora Mae Breedlove was convicted of assault and battery after being tried for second degree murder. The Florida District Court of Appeal reversed because the trial court erred in denying her motion to suppress statements made during police interrogation that violated Miranda righ
• United States v. Smith
  574 F.2d 707· 2d Cir.· 1978-04-13 ·cited 6×
  The court held that statements made by a juvenile prior to a transfer hearing are admissible in subsequent criminal prosecutions if they are not made in connection with the transfer proceeding itself. The sentence for a lesser included offense was vacated.
• Bullard v. State
  358 So. 2d 48· Fla. 4th DCA· 1978-04-10 ·cited 6×
  Edgar Bullard appealed his conviction for receiving stolen property, challenging the admissibility of his confession on grounds that it was coerced by police promises not to prosecute. The court reversed because the trial judge failed to make a specific finding of voluntariness o
• United States v. Danley
  564 F.2d 813· 8th Cir.· 1977-11-09 ·cited 6×
  The court held that the appellant's confession was voluntarily given after valid Miranda warnings and waiver of rights, and was therefore admissible.
• In the Interest of W. J. N.
  350 So. 2d 119· Fla. 4th DCA· 1977-09-27 ·cited 6×
  A juvenile's confession is not automatically suppressed due to a delay in delivery to an intake officer if the confession is voluntary and Miranda warnings were given.
• Elliott v. Morford
  557 F.2d 1228· 6th Cir.· 1977-07-06 ·cited 6×
  The court held that the District Judge's reliance on the presumption of correctness under 28 U.S.C. § 2254(d) was misplaced because the state trial judge made no factual finding on the voluntariness of the confession.
• Russell v. Parratt
  543 F.2d 1214· 8th Cir.· 1976-10-28 ·cited 6×
  The court held that the prosecutor's discretion to charge a minor as an adult does not violate due process and that the defendant's confessions were voluntary and intelligently made.
• Blackmon v. Blackledge
  541 F.2d 1070· 4th Cir.· 1976-10-01 ·cited 6×
  The court held that the defendant effectively waived his right to counsel, rendering his confession voluntary and admissible.
• B. M. v. State
  337 So. 2d 423· Fla. 3d DCA· 1976-09-28 ·cited 6×
  A 15-year-old juvenile was adjudicated delinquent based partly on a confession obtained after being held overnight at a police homicide office before transport to Youth Hall. The appellate court reversed and remanded, finding the trial court failed to make an explicit determinati
• Greene v. State
  351 So. 2d 1031· Fla. 4th DCA· 1976-08-20 ·cited 6×
  Jessie Lee Greene appeals his robbery conviction, challenging the trial court's denial of his motion to suppress a confession. The appellate court holds that while the trial judge need not write a formal opinion on voluntariness, the record must show with unmistakable clarity tha
• United States v. Young
  527 F.2d 1334· 5th Cir.· 1976-03-05 ·cited 6×
  The court held that the appellant's conviction for theft was valid, affirming the trial court's decisions regarding suppression, confessions, entrapment, indictment, evidence, and jury instructions.
• United States v. Willis
  525 F.2d 657· 5th Cir.· 1976-01-05 ·cited 6×
  The court held that the defendant's statements were voluntarily made and admissible, and that the trial court did not err in admitting testimony despite a potential witness sequestration violation or in admitting impeachment evidence.