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

• Gonzalez v. Sullivan
  934 F.2d 419· 2d Cir.· 1991-05-28 ·cited 4×·via Coerced Confession
  A state court must be given fair warning of the federal nature of a petitioner's claim before it can be considered exhausted, and procedural defaults in state court bar federal habeas review unless cause and prejudice are shown.
• Wilson v. State
  573 So. 2d 77· Fla. 2d DCA· 1990-12-28 ·cited 4×
  David Anthony Wilson appealed his convictions for three counts of burglary, two counts of grand theft, and one count of petit theft, arguing that his confessions should have been suppressed because they were involuntary and obtained in violation of his right to counsel. The Flori
• United States v. BYE
  919 F.2d 6· 2d Cir.· 1990-11-16 ·cited 4×
  The court held that the district court erred by applying a per se rule against mentioning potential sentences and cooperation benefits, rather than considering the totality of the circumstances when assessing voluntariness.
• United States v. Rodriguez
  915 F.2d 397· 8th Cir.· 1990-10-03 ·cited 4×
  The court held that the defendant's statement was voluntary, the evidence sufficiently established the firearm's interstate commerce nexus, and the defendant was not entrapped.
• Darcy Delorme v. State
  562 So. 2d 398· Fla. 3d DCA· 1990-06-05 ·cited 4×
  The court held that statements made by the appellant before being advised of his rights were admissible, and that separate convictions for murder and aggravated battery arising from the same transaction were proper.
• United States v. MacKlin
  900 F.2d 948· 6th Cir.· 1990-04-12 ·cited 4×
• Medeiros v. Shimoda
  889 F.2d 819· 9th Cir.· 1989-11-08 ·cited 4×
  The dissent argues that the presumption that an initial confession has a coercive effect on subsequent confessions was not rebutted in this case.
• Williams v. State
  544 So. 2d 1114· Fla. 3d DCA· 1989-06-13 ·cited 4×
• Sanders v. Clarke
  856 F.2d 1134· 8th Cir.· 1988-09-12 ·cited 4×
  The court held that a defendant is not required to show prejudice to obtain relief when counsel fails to comply with the Anders requirements for withdrawing from a frivolous appeal.
• Aiken v. Spalding
  841 F.2d 881· 9th Cir.· 1988-01-21 ·cited 4×·via Involuntary Confession
  The court held that the habeas petition must be dismissed without prejudice for failure to exhaust state remedies, as new evidence was presented that had not been considered by state courts.
• United States v. Oakley
  827 F.2d 1023· 5th Cir.· 1987-09-09 ·cited 4×
  The court held that the defendant was not denied effective assistance of counsel, as any objection to his confession would have been overruled and he failed to show prejudice from lack of preparation time.
• United States v. Ramirez
  823 F.2d 1· 1st Cir.· 1987-07-13 ·cited 4×
  The court held that the evidence was sufficient to support a conviction under the Hobbs Act, the trial court did not err in refusing a new jury or in denying a late request to subpoena an expert witness.
• McDONALD v. Black
  820 F.2d 260· 8th Cir.· 1987-06-01 ·cited 4×
  The court held that a state's failure to comply with parental notification statutes, even if proven, does not automatically violate a juvenile's due process rights unless it renders the trial fundamentally unfair. Furthermore, the court affirmed that the juvenile's waiver of his
• Rickard v. State
  508 So. 2d 736· Fla. 2d DCA· 1987-05-27 ·cited 4×
  The court held that the defendant's inculpatory statements were involuntarily made due to undue influence and implied promises, and thus should have been suppressed.
• Allen v. O.L. McCOTTER
  804 F.2d 1362· 5th Cir.· 1986-12-02 ·cited 4×
  A federal bench trial judge, like a state court judge in a bench trial, need not conduct a separate Jackson v. Denno hearing on confession voluntariness if the judge hears the evidence and resolves conflicts.
• Bradburn v. O.L. McCOTTER
  786 F.2d 627· 5th Cir.· 1986-01-28 ·cited 4×
  The state waived its exhaustion defense by not raising it in the district court, and the petitioner's Fifth Amendment privilege against self-incrimination was not violated by police questioning.
• Reed Wayne Hamilton v. Crispus NIX
  781 F.2d 619· 8th Cir.· 1985-12-31 ·cited 4×
  The dissenting judge argues that the Iowa Supreme Court's findings regarding the independent source doctrine should be presumed correct under 28 U.S.C. § 2254(d), and that the majority improperly disregarded these findings.
• Delio Sanchez v. State
  480 So. 2d 704· Fla. 3d DCA· 1985-12-31 ·cited 4×
  Delio Sanchez appealed his conviction and sentence for trafficking in and conspiracy to traffic in cocaine. The court affirmed his conviction but reversed his sentence due to the trial court's failure to use a sentencing guidelines scoresheet as required by Florida Rules of Crimi
• Reaves v. State
  458 So. 2d 53· Fla. 3d DCA· 1984-10-23 ·cited 4×·via Involuntary Statements
  The Florida Third District Court of Appeal held that statements suppressed solely on Miranda grounds (not involuntariness grounds) are admissible to impeach a defendant's trial testimony, even where defense counsel relied on the trial court's inadvertent use of the word 'involunt
• Magby v. Donald Wawrzaszek & the Attorney Gen. of the State of Ariz.
  741 F.2d 240· 9th Cir.· 1984-08-21 ·cited 4×·via Involuntary Confession
  The court held that the district court erred in finding procedural default on the involuntariness claim, and remanded for consideration of that claim on the merits.
• United States v. Costello
  750 F.2d 553· 7th Cir.· 1984-08-21 ·cited 4×
  The court held that the defendant's incriminating statement was admissible because it was made voluntarily and not induced by promises that vitiated its voluntariness, and the Due Process Clause did not bar its use.
• Doby v. S.C. Dep't OF Corr.
  741 F.2d 76· 4th Cir.· 1984-08-16 ·cited 4×
  The court held that the trial judge impermissibly relied on the truthfulness of the appellant's confession when determining its admissibility, violating due process.
• State v. Cleo D. LeCROY and Jon M. LeCroy
  441 So. 2d 1182· Fla. 4th DCA· 1983-12-28 ·cited 4×
  The court, in a special concurrence, suggests that the tape recording of a confession should not be used at trial, but other legally obtained evidence should not be suppressed.
• Lufkins v. Solem
  716 F.2d 532· 8th Cir.· 1983-09-12 ·cited 4×
  The court held that the prisoner was denied due process due to an inadequate voluntariness hearing for his confession and received ineffective assistance of counsel, entitling him to habeas relief.
• United States v. Jackson
  712 F.2d 1283· 8th Cir.· 1983-08-02 ·cited 4×
  A confession obtained after an unreasonable delay in presentment before a magistrate is not per se inadmissible if voluntarily given, and the delay is only one factor in determining voluntariness.
• State v. Williams
  434 So. 2d 967· Fla. 3d DCA· 1983-06-21 ·cited 4×
  The State appealed a trial court's suppression of Williams' confession to second-degree murder based on the police's failure to inform him of the subject matter of questioning before he signed a Miranda waiver form. The court reversed, holding that because Williams was fully info
• United States v. Monroe Butts
  704 F.2d 701· 3d Cir.· 1983-04-14 ·cited 4×
  The court held that the appellant's confession was inadmissible as the fruit of an illegal arrest because the taint of the unlawful arrest was not purged by any intervening event.
• Gilreath v. Mitchell
  705 F.2d 109· 4th Cir.· 1983-04-07 ·cited 4×
  The court held that the trial judge properly admitted the confession by assessing voluntariness, not truthfulness, and that Miranda rights were effectively waived.
• Vance v. Bordenkircher
  692 F.2d 978· 4th Cir.· 1982-11-12 ·cited 4×
  The dissenting judge argues that the totality of circumstances, including the defendant's youth, low intelligence, and prolonged interrogation without counsel, renders his confession involuntary and a violation of due process.
• Crisp v. Mayabb
  668 F.2d 1127· 10th Cir.· 1981-09-29 ·cited 4×
  The court held that the state's petition for rehearing should be denied because the petitioner made a bona fide effort to exhaust state remedies, and the state's subsequent arguments lacked merit.
• State v. DeCONINGH
  400 So. 2d 998· Fla. 3d DCA· 1981-06-16 ·cited 4×
  The State appealed the suppression of statements made by Suzanne DeConingh while hospitalized after shooting her husband. The appellate court reversed, holding that Miranda warnings did not apply because the questioning was non-custodial and the statements were voluntary under ge
• United States v. Benedict
  647 F.2d 928· 9th Cir.· 1981-06-08 ·cited 4×
  The court held that the Fourth Amendment does not apply to acts of foreign officials unless federal agents substantially participated in a joint venture, and the unavailability of physical evidence does not violate the Sixth Amendment right of confrontation.
• In the Interest of M. L. H. v. State
  399 So. 2d 13· Fla. 1st DCA· 1981-05-18 ·cited 4×
  A juvenile appeals his adjudication of guilt and commitment following a burglary, challenging the admissibility of his confession on the ground that police did not comply with Rule of Juvenile Procedure 8.290(d)(4), which requires two attesting witnesses to a written waiver of co
• Daizi v. State
  396 So. 2d 1160· Fla. 3d DCA· 1981-04-07 ·cited 4×
  Raul Elias Daizi appealed his conviction and sentences, raising challenges to the admission of his confession, hearsay testimony, and the legality of consecutive sentences. The Florida District Court of Appeal affirmed the conviction and sentences, finding the confession was prop
• United States v. Jacks
  634 F.2d 390· 8th Cir.· 1980-11-10 ·cited 4×
  The court held that the appellant's inculpatory statement was voluntary and that the consent to search was validly obtained, thus affirming the conviction.
• FEX v. State
  386 So. 2d 58· Fla. 2d DCA· 1980-07-25 ·cited 4×
  Fex appealed his conviction on grounds that his confession was involuntary because it was obtained through promises of leniency regarding bail. The Florida District Court of Appeal agreed that the confession was inadmissible and reversed, holding that under established precedent,
• M. A. v. State
  384 So. 2d 740· Fla. 2d DCA· 1980-06-13 ·cited 4×
  The court held that a trial judge may determine the voluntariness of a confession and guilt in a single proceeding, distinguishing Jackson v. Denno.
• Conquest v. Mitchell
  618 F.2d 1053· 4th Cir.· 1980-04-08 ·cited 4×·via Involuntary Confession
  The court held that the defendant's Fifth Amendment rights were not violated by the admission of testimony from a psychiatrist who examined him at the request of his own lawyer.
• United States v. Herminio Cruz
  603 F.2d 673· 7th Cir.· 1979-08-17 ·cited 4×
  The court held that the denial of the motion to quash the search warrant, the admission of the alleged confession, the reasonable doubt instruction, the prosecutor's closing argument, and the denial of post-trial motions were all without merit.
• Walker v. Wilmot
  603 F.2d 1038· 2d Cir.· 1979-06-29 ·cited 4×
  The district court erred by not considering the petitioner's testimony regarding his confession and must reconsider the habeas petition with this testimony.
• United States v. Guerrero-Herrera
  590 F.2d 238· 7th Cir.· 1978-12-21 ·cited 4×
  The court held that the defendant waived his right to a second suppression hearing by agreeing to the procedure, and his confession was voluntary and properly admitted.
• Jones v. Cardwell
  588 F.2d 279· 9th Cir.· 1978-12-20 ·cited 4×
  The court held that a full factual development is required to determine if a confession obtained during a pre-sentence interview, without Miranda warnings, was voluntary and admissible, particularly given the probation officer's role.
• Able Franklin Green v. State
  363 So. 2d 188· Fla. 1st DCA· 1978-10-16 ·cited 4×
  The court held that the trial judge's conclusion that the appellant's confession was voluntary was sufficiently clear from the record and supported by the evidence.
• B. M. V. v. State
  362 So. 2d 483· Fla. 3d DCA· 1978-09-29 ·cited 4×
  A fifteen-year-old boy was adjudicated delinquent for burglary and committed to the Division of Youth Services. On appeal, the court found that the record did not reflect the voluntariness of the juvenile's confession and remanded for the trial court to make an explicit finding o
• United States ex rel. Tyrone Hall v. Dir., Dep't OF Corr. OF the State OF Ill.
  578 F.2d 194· 7th Cir.· 1978-06-26 ·cited 4×
  The court held that the district court did not err in denying the habeas corpus petition, as the confession was voluntary under the totality of the circumstances.
• Wolfrath v. LaVALLEE
  576 F.2d 965· 2d Cir.· 1978-05-09 ·cited 4×
  The court held that the petitioner failed to meet his burden of proving his confession was involuntary, as the totality of the circumstances, including the absence of coercive police tactics and the petitioner's apparent alertness, outweighed expert conjecture about drug effects.
• McCLOUD v. Louie L. Wainwright
  359 So. 2d 10· Fla. 4th DCA· 1978-05-09 ·cited 4×
• Smith v. Estelle
  569 F.2d 944· 5th Cir.· 1978-03-20 ·cited 4×
  The admission of a co-defendant's confession, which implicated the petitioner, without opportunity for cross-examination and under confusing jury instructions, violated the petitioner's Sixth Amendment right to confrontation. This error was not harmless beyond a reasonable doubt.
• United States v. Carter
  569 F.2d 801· 4th Cir.· 1977-12-29 ·cited 4×
  The court held that the owner's consent to search a company vehicle assigned to an employee was valid, and the trial court's implicit ruling on the voluntariness of the defendant's statements was sufficient.
• Lyle v. Wyrick
  565 F.2d 529· 8th Cir.· 1977-11-16 ·cited 4×
  The court held that the district court did not err in applying the presumption of correctness to the state court's finding that the confession was voluntary, and that petitioner failed to present convincing evidence to overcome this presumption.