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. Pearson
  89 F. Supp. 344· S.D. Fla.· 1997-05-30 ·cited 5×
  The court held that the defendant's post-arrest statements were voluntary and not obtained in violation of the Constitution, thus denying the motion to suppress.
• Intru, Inc. v. Regency Realty Assocs. (In re Regency Realty Associates)
  M.D. Fla.· 1997-02-13 ·cited 5×
  The bankruptcy court did not abuse its discretion in denying the motion for reconsideration or rehearing of the disallowance of the appellant's late-filed claim.
• State v. Stewart
  588 So. 2d 1063· Fla. 3d DCA· 1991-11-12 ·cited 5×
  The State appeals the trial court's suppression of Roland Stewart's confession to murder, which he voluntarily provided to San Diego police. The appellate court reverses, holding that diminished mental capacity alone does not render a confession involuntary absent improper police
• Allen v. State
  579 So. 2d 200· Fla. 2d DCA· 1991-04-19 ·cited 5×·via Coerced Confession
  Earl Allen appealed the summary denial of his motion for postconviction relief. The court affirmed in part and reversed in part, holding that the trial court had jurisdiction to consider the motion despite a pending direct appeal, and remanding two viable ineffective assistance o
• Cruz v. Warden OF Dwight Corr. Ctr. & Neil F. Hartigan
  907 F.2d 665· 7th Cir.· 1990-07-16 ·cited 5×
  The court held that a habeas petitioner must fairly present all factual allegations and legal theories to state courts before seeking federal habeas relief, and that a pending state post-conviction petition constitutes an available and meaningful state remedy.
• United States v. Camacho
  739 F. Supp. 1504· S.D. Fla.· 1990-05-25 ·cited 5×·via Involuntary Statements
  Statements made by officers under threat of job termination are inadmissible unless knowingly and voluntarily waived, as the choice between job and self-incrimination is not a free choice.
• Martinez v. State
  545 So. 2d 466· Fla. 4th DCA· 1989-06-21 ·cited 5×
  The Fourth District Court of Appeal reversed Antonio Martinez's conviction for the Orange Grove Murder because his confession was obtained through coercion and intimidation rather than voluntary choice. The trial court erred in denying Martinez's motion to suppress the confession
• Smith v. State
  543 So. 2d 316· Fla. 5th DCA· 1989-05-04 ·cited 5×·via Coerced Confession
  Smith appeals the denial of his Rule 3.850 motion for post-conviction relief, in which he claimed ineffective assistance of appellate counsel for failing to raise five issues on direct appeal of his cocaine trafficking conviction. The court affirmed the trial court's denial, hold
• Schafer v. State
  537 So. 2d 988· Fla.· 1989-01-19 ·cited 5×
  Arthur Lynn Schafer was convicted of first-degree murder and robbery and sentenced to death. The Florida Supreme Court affirmed his convictions and robbery sentence but vacated the death sentence and remanded for resentencing because the trial court improperly relied on three agg
• United States v. Jimenez
  789 F.2d 167· 2d Cir.· 1986-04-30 ·cited 5×
  The court held that the district court erred by failing to make a finding as to whether the defendant made a knowing and intelligent waiver of his Fifth Amendment right against self-incrimination.
• State v. F. E. J.
  399 So. 2d 47· Fla. 5th DCA· 1981-05-20 ·cited 5×
  A juvenile with sufficient age, intelligence, education, and experience to comprehend Miranda warnings may knowingly and voluntarily waive those rights and make an admissible confession without the presence or consent of counsel, parents, or responsible adults if the child demons
• Nunez v. State
  367 So. 2d 268· Fla. 3d DCA· 1979-02-13 ·cited 5×
  Julio Nunez was convicted by jury of attempted delivery or possession with intent to deliver over 100 pounds of marijuana and sentenced to five years probation with adjudication withheld. On appeal, Nunez challenged the denial of his motion to suppress evidence and confession, wi
• In the Interest of Floyd Steven Husk v. State
  332 So. 2d 699· Fla. 1st DCA· 1976-06-07 ·cited 5×
  The court held that the trial court's order reaffirming its prior denial of a motion to suppress, with a specific finding that the confession was voluntary, satisfied the appellate court's prior directive.
• Pedlecador Clemente Caparrosa C. (Cargill) v. The Gov't OF the Canal Zone
  411 F.2d 956· 5th Cir.· 1969-05-02 ·cited 5×
• Walker v. State
  219 So. 2d 707· Fla. 2d DCA· 1969-03-07 ·cited 5×
  The appellate court affirmed the conviction, finding no error in the admission of the confession and noting the inadequacy of the assignments of error.
• Allen v. State
  174 So. 2d 538· Fla.· 1965-04-14 ·cited 5×
  The court held that the appellant's confession was admissible and the verdict was not against the manifest weight of the evidence, affirming the conviction.
• Proctor v. United States
  338 F.2d 533· D.C. Cir.· 1964-06-25 ·cited 5×
  The court held that a written confession obtained after unnecessary delay following an oral confession and booking was inadmissible.
• Crosby v. United States
  314 F.2d 238· D.C. Cir.· 1962-12-20 ·cited 5×
  The court held that the trial court did not err by not holding a separate hearing on the voluntariness of the confession, as the defense never requested one.
• Washington v. State
  253 So. 3d 64· Fla. 1st DCA· 2018-08-01 ·cited 4×
  A suspect's question about whether he needs or can call a lawyer does not unequivocally invoke the right to counsel when the question is reasonably interpreted as an inquiry about the suspect's rights rather than an express desire to terminate the interview and speak with counsel
• State v. Morrison
  236 So. 3d 204· Fla.· 2017-11-16 ·cited 4×
  The Florida Supreme Court reversed the postconviction court's grant of a new guilt phase for Raymond Morrison Jr., convicted of first-degree murder and sentenced to death, but affirmed the grant of a new penalty phase based on ineffective assistance of counsel claims. The Court r
• Ault v. State
  213 So. 3d 670· Fla.· 2017-03-09 ·cited 4×
  Howard Steven Ault, convicted of murdering two young sisters, appeals denial of postconviction relief under Florida Rule of Criminal Procedure 3.851. The Florida Supreme Court affirms the denial of Ault's ineffective assistance of counsel claims regarding his guilt phase but gran
• Leshannon Jerome Shelly v. State
  199 So. 3d 973· Fla. 4th DCA· 2016-06-01 ·cited 4×
  Leshannon Shelly appeals his conviction for first-degree murder and attempted first-degree murder, challenging the trial court's denial of his motion to suppress a videotaped confession. The appellate court affirmed, holding that Shelly reinitiated contact with police after invok
• State v. Carroll
  103 So. 3d 929· Fla. 2d DCA· 2012-11-09 ·cited 4×
  The court held that the detective's statements during the interrogation did not render the suspect's confession involuntary under the totality of the circumstances.
• Garcia v. State
  60 So. 3d 1097· Fla. 4th DCA· 2011-04-20 ·cited 4×
  The court held that the detective's statements did not constitute an implied promise of leniency, and therefore, the confession was voluntary and admissible.
• Mondy v. State
  6 So. 3d 1251· Fla. 2d DCA· 2009-03-06 ·cited 4×·via Coerced Confession
  Henry Mondy appeals the summary denial of his Rule 3.850 postconviction motion claiming ineffective assistance of counsel. The court affirms the denial of his first claim but reverses and remands his second claim regarding counsel's failure to move to suppress allegedly coerced c
• Kemar Wolliston v. State
  961 So. 2d 1141· Fla. 4th DCA· 2007-08-15 ·cited 4×
  Kemar Wolliston was convicted of trafficking in cocaine after police questioned him in his home about cocaine found during a search. Although the court found a Miranda violation occurred when officers questioned him without reading his rights after confronting him with evidence,
• Cuervo v. State
  929 So. 2d 640· Fla. 5th DCA· 2006-05-12 ·cited 4×·via Involuntary Confession
  Juan Raul Cuervo appeals his conviction for attempted first-degree murder and burglary, arguing his confession was involuntarily obtained in violation of Miranda rights. The Florida Fifth District Court of Appeal affirms, holding that Cuervo's initial statements declining to spea
• Dillow v. State
  884 So. 2d 508· Fla. 2d DCA· 2004-10-13 ·cited 4×
  Robert Dillow appeals the denial of his motion to suppress a confession to burglaries, arguing it was involuntary due to alleged threats by a detective. The court reverses because the trial judge failed to make the required factual findings about witness credibility and voluntari
• Jeantilus v. State
  853 So. 2d 1099· Fla. 4th DCA· 2003-08-13 ·cited 4×·via Involuntary Confession
  Jeantilus challenged his conviction on eighteen grounds of ineffective assistance of counsel, claiming his trial attorney failed to properly challenge the admissibility of his confession. The court found that only one ground—failure to ensure a proper record regarding the confess
• Brown v. Crosby
  249 F. Supp. 2d 1285· S.D. Fla.· 2003-03-19 ·cited 4×
  The Court found that the Petitioner's waiver of his Miranda rights was not knowing and intelligent due to his severe intellectual deficits, and therefore his confession should have been suppressed.
• Carlisi v. State
  831 So. 2d 813· Fla. 4th DCA· 2002-12-11 ·cited 4×
  A trial court errs by allowing a suppressed statement to be used for impeachment without first allowing the defendant to testify on the statement's voluntariness.
• Javion James v. State
  814 So. 2d 1155· Fla. 5th DCA· 2002-04-12 ·cited 4×
  Javion James, a juvenile convicted of robbery with a firearm and related offenses, appealed challenging the admission of his statement to police. The court affirmed his convictions, holding that James knowingly and voluntarily waived his Miranda rights and that the absence of his
• Peterson v. State
  810 So. 2d 1095· Fla. 5th DCA· 2002-03-22 ·cited 4×·via Involuntary Confession
  Peterson was convicted of capital sexual battery and appealed on four grounds: involuntariness of his confession, admissibility under Florida's new corpus delicti statute for sexual abuse cases, admissibility of the child victim's recorded statements, and a late motion for new tr
• McCORD v. State
  795 So. 2d 101· Fla. 5th DCA· 2001-04-27 ·cited 4×·via Coerced Confession
  Michael McCord, a mentally retarded defendant, appealed the summary denial of his post-conviction relief motion under Florida Rule 3.850, challenging his nolo contendere plea to two counts of attempted sexual battery. The Fifth District Court of Appeal affirmed the denial, reject
• Lewis v. State
  747 So. 2d 995· Fla. 5th DCA· 1999-12-03 ·cited 4×
  The court held that while the defendant's question about a lawyer was a clear question under Almeida, the detective's response, coupled with the videotape evidence and subsequent waivers, was sufficient to affirm the denial of the motion to suppress.
• State v. Harrell Elmore Franko, Jr.
  681 So. 2d 834· Fla. 1st DCA· 1996-10-15 ·cited 4×·via Involuntary Confession
  Florida's appeal of a suppression order is affirmed because the trial court properly found the defendant's confession was not freely and voluntarily given, and appellate review cannot reweigh the trial court's credibility determinations.
• State v. Wallace
  673 So. 2d 914· Fla. 2d DCA· 1996-05-10 ·cited 4×
  The State appeals the suppression of Tommy Duane Wallace's statements obtained after his arrest. The court reverses, holding that an officer's failure to inform Wallace of an arrest warrant prior to taking his Miranda-waived statement does not render the statement involuntary or
• State v. Dupont
  659 So. 2d 405· Fla. 2d DCA· 1995-08-02 ·cited 4×·via Involuntary Statements
  The State appealed trial court orders suppressing statements DuPont made to police in connection with a first-degree murder charge. The court affirmed suppression of statements made after DuPont invoked his right to remain silent and statements from a polygraph examination and su
• Durden v. State
  657 So. 2d 919· Fla. 5th DCA· 1995-06-30 ·cited 4×
  Frank Durden appeals the trial court's summary denial of his Rule 3.850 motion for post-conviction relief based on ineffective assistance of counsel claims. The appellate court affirms the dismissal of most claims but reverses as to two ineffective assistance claims and remands f
• Bullard v. State
  650 So. 2d 631· Fla. 4th DCA· 1995-01-18 ·cited 4×
  Gregory Bullard appealed his conviction for first degree felony murder and attempted robbery with a firearm, challenging the trial court's denial of his request for an expert witness on police coercion and confessions. The court affirmed the conviction but reversed and remanded f
• Kennedy v. State
  641 So. 2d 135· Fla. 5th DCA· 1994-07-01 ·cited 4×
  Brian P. Kennedy appeals his conviction for first-degree felony murder, robbery, and grand theft of a motor vehicle, challenging the trial court's denial of his motion to suppress his confession. The court affirmed, holding that although the interrogating officer's reference to i
• Cook v. State
  638 So. 2d 134· Fla. 1st DCA· 1994-06-08 ·cited 4×·via Involuntary Confession
  On appeal from denial of a rule 3.850 motion for post-conviction relief, the First District Court of Appeal of Florida affirmed in part and reversed in part the trial court's rejection of Cook's claims of ineffective assistance of counsel in his first-degree murder conviction. Th
• United States v. Jimmy Lee Church
  970 F.2d 401· 7th Cir.· 1992-08-12 ·cited 4×
  The court affirmed the convictions, finding no error in the denial of the motion to suppress, the denial of the motion for judgment of acquittal, the refusal to merge counts, the jury instructions, or the evidentiary rulings.
• United States v. Rojas-Martinez
  968 F.2d 415· 5th Cir.· 1992-07-29 ·cited 4×
  The court affirmed convictions and sentences, holding that confessions were voluntary, severance was not required, and evidence was sufficient for convictions and sentencing enhancements.
• United States v. Chrismon
  965 F.2d 1465· 7th Cir.· 1992-06-29 ·cited 4×
  The court affirmed the convictions, finding no Sixth Amendment violations regarding co-defendant statements and upholding the denial of the motion to suppress Jackson's statement.
• State v. V.C. and R.S.
  600 So. 2d 1280· Fla. 3d DCA· 1992-06-23 ·cited 4×·via Involuntary Confession
  The trial court erred in suppressing the juveniles' statements obtained by the assistant principal. The statements were admissible because the record showed no evidence of coercion, the juveniles were not in custody as suspects, and the assistant principal was acting in his capac
• Washington v. Murray
  952 F.2d 1472· 4th Cir.· 1991-12-19 ·cited 4×
  The court held that the district court erred in dismissing a claim of ineffective assistance of counsel regarding the failure to use exculpatory forensic evidence without an evidentiary hearing, and remanded that claim for further proceedings. Other claims of ineffective assistan
• United States v. Christopher
  956 F.2d 536· 6th Cir.· 1991-12-10 ·cited 4×
  The court held that pre-arraignment delay, standing alone, does not render an otherwise voluntary confession inadmissible under 18 U.S.C. § 3501(c), and that the evidence was sufficient to support a finding of serious bodily injury.
• Grubbs v. Delo
  948 F.2d 1459· 8th Cir.· 1991-11-08 ·cited 4×
  The court held that the state failed to present sufficient evidence to support two aggravating circumstances found by the jury, which were necessary for the imposition of the death penalty.
• United States v. Williams
  936 F.2d 698· 2d Cir.· 1991-06-19 ·cited 4×
  The court held that a codefendant's redacted confession, which does not directly implicate the defendant when viewed in isolation, is admissible even if other evidence links the defendant to the confession.