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. Moore
  290 F.2d 436· 2d Cir.· 1961-05-04 ·cited 4×·via Coerced Confession
  The court held that the defendant's statements were admissible because they were not coerced or obtained during illegal detention, and the defense had ample opportunity to develop the circumstances surrounding their making.
• Coy Litchfield v. Tinsley
  281 F.2d 486· 10th Cir.· 1960-06-16 ·cited 4×·via Coerced Confession
  The federal court denied habeas corpus because the prisoner failed to exhaust state remedies by not timely seeking a writ of error for his conviction.
• Riser v. Harley O. Teets
  253 F.2d 844· 9th Cir.· 1958-03-17 ·cited 4×·via Coerced Confession
  The court held that the denial of eyewitness statements was not a federal due process violation, as the Jencks rule applies only to federal criminal justice administration.
• United States v. Hill
  240 F.2d 680· 7th Cir.· 1957-02-06 ·cited 4×
  The court held that the defendant's constitutional rights were not violated and his sentence was not subject to collateral attack.
• Rettig v. United States
  239 F.2d 916· D.C. Cir.· 1956-10-26 ·cited 4×
  A conviction must be reversed if police testimony concerning oral confessions obtained during an unnecessary and illegal detention, in violation of Rule 5(a), is admitted.
• United States ex rel. Nelson Rhyce v. Cummings
  233 F.2d 190· 2d Cir.· 1956-05-07 ·cited 4×
  The court held that due process did not require the assignment of counsel to a competent defendant who knowingly and voluntarily waived that right, even in light of his history of mental illness.
• United States ex rel. Leyra v. Denno
  208 F.2d 605· 2d Cir.· 1953-11-24 ·cited 4×
  The dissenting judge believes the State failed to prove that promises of leniency did not continue to affect the defendant's later confessions, thus violating due process.
• Williams v. United States
  189 F.2d 693· D.C. Cir.· 1951-05-17 ·cited 4×
  The court held that the confession was voluntary and admissible because the defendant was not under arrest or coercion when he made it.
• Edwards v. State
  71 Fla. 354· Fla.· 1916-03-15 ·cited 4×
  Nathan Edwards was convicted of manslaughter and challenged the admission of his voluntary confession into evidence. The Florida Supreme Court affirmed his conviction, holding that a voluntary confession is admissible even without a prior warning that the suspect need not incrimi
• Bacilio Antemate Xolo v. State
  396 So. 3d 416· Fla. 6th DCA· 2024-07-26 ·cited 3×·via Coerced Confession
  Bacilio Xolo was convicted of attempted second-degree murder and child abuse for shooting his domestic partner in front of their children. On appeal, Xolo challenged the admission of his confession, exposing a tension between a Florida statute allowing preservation of evidentiary
• Wright v. State
  300 So. 3d 296· Fla. 3d DCA· 2020-01-15 ·cited 3×
  The appellate court affirmed a defendant's conviction for burglary and armed robbery. The defendant argued that evidence should have been suppressed due to a pretextual traffic stop and an illegal search, and that his confession was coerced. The court found no error in the denial
• State v. Socarras
  272 So. 3d 488· Fla. 3d DCA· 2019-04-10 ·cited 3×
  The State appeals a trial court's order suppressing three post-Miranda statements made by police officer Armando Socarras during an internal affairs investigation into alleged corruption. The trial court found all three statements were compelled in violation of Garrity v. New Jer
• Mack v. State
  231 So. 3d 578· Fla. 1st DCA· 2017-10-20 ·cited 3×
  Appellate counsel cannot be deemed ineffective for failing to raise a meritless claim on appeal.
• Coursey v. State
  164 So. 3d 119· Fla. 2d DCA· 2015-05-08 ·cited 3×·via Involuntary Confession
  Alan Coursey appeals the denial of his postconviction motion for ineffective assistance of counsel. The appellate court affirmed the denial of most claims but reversed and remanded one claim regarding counsel's alleged failure to move to suppress his confession, finding it was no
• Reza v. State
  163 So. 3d 572· Fla. 3d DCA· 2015-04-08 ·cited 3×
  Tomas Reza, a 16-year-old, challenges the suppression court's denial of his motion to suppress two confessions obtained after his arrest in connection with three robberies in Key West. The court reverses the denial of suppression for the first confession (involving two victims) b
• Dixon v. State
  816 So. 2d 172· Fla. 4th DCA· 2002-05-01 ·cited 3×
  Zachary Dixon was convicted of first-degree murder and carjacking after a jury trial. He appeals, arguing the trial court erred in admitting his incriminating statements made during a phone call with a detective after he had invoked his Miranda rights. The court reversed, holding
• Rich v. State
  756 So. 2d 1095· Fla. 4th DCA· 2000-05-03 ·cited 3×
  The court held that the state's argument that evidence of confession voluntariness was uncontroverted was not an improper comment on the defendant's failure to testify, falling within exceptions for invited responses.
• Alfano v. State
  696 So. 2d 442· Fla. 4th DCA· 1997-07-02 ·cited 3×
  The admission of a pre-Miranda statement was rendered harmless by subsequent evidence and confessions, and post-Miranda statements were voluntary.
• Albritton v. State
  634 So. 2d 1114· Fla. 1st DCA· 1994-04-07 ·cited 3×
  Alexander Albritton appeals his convictions for first-degree murder, attempted robbery with a firearm, and conspiracy to commit robbery, challenging the denial of his motions to suppress his confession and evidence obtained during a search. The Florida First District Court of App
• United States v. White
  979 F.2d 539· 7th Cir.· 1992-11-09 ·cited 3×
  The court affirmed the conviction and sentence, holding that the search consent was voluntary, the statement was admissible, and the sentencing enhancements and departure were justified.
• United States v. Salam Daniel
  932 F.2d 517· 6th Cir.· 1991-05-07 ·cited 3×
  The court held that even if the first statement was coerced, the second, independently admissible statement was voluntary and sufficient to uphold the conviction, and any error in admitting the first statement was harmless.
• United States v. Eide
  875 F.2d 1429· 9th Cir.· 1989-05-30 ·cited 3×
  The court held that the VAMC emergency room's urinalysis and statements from Eide were not protected by 42 U.S.C. § 290ee-3 because Eide was not a 'patient' and the VAMC emergency room was not a 'federally assisted drug abuse program'.
• United States v. Okwumabua
  828 F.2d 950· 2d Cir.· 1987-09-11 ·cited 3×
  The Fifth Amendment privilege against compelled self-incrimination does not bar the admission of incriminating statements made in a non-custodial setting to a government agent, even if the agent did not disclose the criminal nature of the investigation.
• Hampton v. State
  504 So. 2d 57· Fla. 1st DCA· 1987-03-20 ·cited 3×·via Coerced Confession
  The court held that the trial court erred in summarily denying the appellant's second motion for post-conviction relief because it raised new issues and the prior motion was not denied on its merits.
• Christopher v. State
  582 F. Supp. 633· S.D. Fla.· 1984-03-13 ·cited 3×
  The court denied the petition for a writ of habeas corpus, finding that the petitioner's claims did not rise to constitutional dimensions and that the state court's findings were supported by the record.
• Monroe v. State
  369 So. 2d 962· Fla. 3d DCA· 1979-01-09 ·cited 3×
  The denial of the motion to suppress a confession is affirmed because the defendant knowingly and intelligently waived his right to counsel, and the denial of a suppression motion based solely on a question of law is not preserved for appeal by a nolo contendere plea.
• Beecher v. Baxley
  549 F.2d 974· 5th Cir.· 1977-03-30 ·cited 3×·via Involuntary Confession
  A state criminal defendant is not entitled to federal injunctive or declaratory relief from a fourth prosecution after three prior convictions were reversed due to constitutional infirmities, absent a showing of bad faith or harassment.
• United States ex rel. Frank Phelan v. Brierley
  453 F.2d 73· 3d Cir.· 1971-10-26 ·cited 3×
  The dissenting judge believes the state court erred by not holding an independent hearing on the petitioner-appellant's competency, and that a retrospective hearing in the district court was insufficient.
• State v. Pitts
  227 So. 2d 880· Fla. 1st DCA· 1969-11-07 ·cited 3×·via Coerced Confession
  Florida appeals a trial court's order vacating murder convictions and death sentences for Pitts and Lee under Criminal Procedure Rule 1.850 based on newly discovered facts. The appellees sought bail pending the State's appeal, arguing the trial court's vacatur order entitled them
• Wilson v. Veron Atchley
  412 F.2d 230· 9th Cir.· 1969-05-27 ·cited 3×
• United States ex rel. Vincent Cerullo v. Follette
  393 F.2d 879· 2d Cir.· 1968-05-08 ·cited 3×
  The court held that the material facts concerning the voluntariness of the confession were not adequately developed and remanded for a full evidentiary hearing.
• Lundberg v. Buchkoe
  338 F.2d 62· 6th Cir.· 1964-11-09 ·cited 3×
  The court held that the petitioner's constitutional rights were not violated, as his confessions were voluntary and the evidence was not obtained through unlawful search and seizure.
• Clay Sims v. Alvis
  242 F.2d 506· 6th Cir.· 1957-03-29 ·cited 3×·via Coerced Confession
  The court held that the habeas corpus petition should be transferred to the district court for a determination of whether state remedies have been exhausted.
• Lynch v. State
  304 So. 3d 837· Fla. 1st DCA· 2020-10-23 ·cited 2×
  John Lynch appeals his conviction for lewd or lascivious battery and molestation of a child, arguing that prosecutorial comments during closing argument and denial of a mistrial motion require reversal. The court affirmed the conviction, holding that the prosecutor's comments, wh
• Quarles v. State
  290 So. 3d 505· Fla. 4th DCA· 2020-02-19 ·cited 2×·via Involuntary Confession
  When a suspect invokes the right to silence and later reinitates conversation with police, the detective must re-read the Miranda rights before commencing further interrogation; failure to do so renders any resulting confession involuntary and inadmissible.
• Gaskey v. State
  270 So. 3d 1276· Fla. 1st DCA· 2019-05-21 ·cited 2×
  A defendant's conditional and ambiguous reference to needing a lawyer, made primarily to obtain information about a third party, does not constitute an unequivocal invocation of the right to counsel requiring cessation of interrogation. An officer's accurate explanation of how a
• Elexis Kim Garcia v. State
  125 So. 3d 260· Fla. 4th DCA· 2013-03-06 ·cited 2×
  The Fourth District Court of Appeal reversed Garcia's conviction for dealing in stolen property because the prosecutor improperly assured the jury during closing argument that Garcia's taped confession to police was freely and voluntarily made, thereby usurping the jury's role to
• Light v. State
  20 So. 3d 939· Fla. 1st DCA· 2009-09-30 ·cited 2×
  A confession obtained through promises that create unrealistic hope or delusions as to the defendant's true position, combined with misrepresentations of law, is involuntary and must be suppressed.
• Whatley v. State
  7 So. 3d 1126· Fla. 2d DCA· 2009-01-30 ·cited 2×·via Coerced Confession
  The court held that the postconviction court erred in summarily denying claims of ineffective assistance of counsel regarding a coerced confession, as the plea colloquy did not conclusively refute these claims.
• Cadejuste v. State
  993 So. 2d 122· Fla. 4th DCA· 2008-10-22 ·cited 2×·via Coerced Confession
  Marco Cadejuste appealed his conviction, raising claims about attorney conflict of interest and Miranda violations. The court reversed and remanded due to the trial court's failure to address a conflict of interest when the same attorney who previously withdrew due to conflicts o
• Williams v. State
  892 So. 2d 1185· Fla. 5th DCA· 2005-02-04 ·cited 2×·via Coerced Confession
  Jason Williams appeals his conviction for lewd and lascivious battery on a 14-year-old girl, arguing his confession was coerced by detective misrepresentations. The appellate court affirms because Williams failed to preserve the issue by not filing a motion to suppress the confes
• Morrison v. State
  855 So. 2d 693· Fla. 3d DCA· 2003-10-08 ·cited 2×
  The court held that the trial court erred by allowing the selective redaction of the defendant's confession, which referred to his mental illness and medication.
• Castell v. State
  870 So. 2d 38· Fla. 2d DCA· 2003-09-12 ·cited 2×
  Court reversed robbery and firearm convictions where evidence was discovered during an illegal protective sweep of motel rooms, remanding to determine whether subsequent confession and consent were independent of the constitutional violation.
• Jabbar Woods v. State
  755 So. 2d 810· Fla. 3d DCA· 2000-04-19 ·cited 2×
  The appellate court affirmed the defendant's conviction for first-degree murder, burglary, and theft, finding his confession to be voluntary.
• Wittemen v. State
  779 So. 2d 358· Fla. 2d DCA· 2000-04-07 ·cited 2×
  Keith Wittemen appealed the summary denial of his Rule 3.850 postconviction motion alleging ineffective assistance of counsel for failure to file a motion to suppress his confession. The court reversed, finding that the trial court's record attachments did not conclusively refute
• Moser v. State
  763 So. 2d 1165· Fla. 4th DCA· 2000-01-19 ·cited 2×
  Travis Moser appeals his conviction for first-degree murder with a firearm and attempted robbery with a firearm while wearing a mask, challenging the trial court's denial of his motion to suppress his January 13, 1996 confession. The Fourth District Court of Appeal affirms, holdi
• United States v. Gaines
  125 F. Supp. 758· S.D. Fla.· 1997-09-08 ·cited 2×
  The court held that the defendant's statements were voluntarily made after a valid waiver of his Miranda rights, and therefore are admissible into evidence.
• Mirabal v. State
  698 So. 2d 360· Fla. 4th DCA· 1997-08-20 ·cited 2×
  William Mirabal appealed his conviction, arguing that both his confession to his employers and his subsequent confession to police should have been suppressed because the first confession was involuntary. The Fourth District Court of Appeal held that while the employer confession
• State v. Feroben
  677 So. 2d 980· Fla. 5th DCA· 1996-08-09 ·cited 2×
  The Florida appellate court reversed a trial court's suppression order in a capital sexual battery case, holding that the defendant's voluntary admissions of penetration were admissible despite the defendant's argument that they resulted from an improper quid pro quo agreement wi
• State v. Edwards
  661 So. 2d 865· Fla. 3d DCA· 1995-09-27 ·cited 2×
  Florida appeals a trial court order suppressing Edwards's confession made after he invoked his Miranda rights. The appellate court reverses, finding that the detective's explanation of the charges against Edwards did not constitute "interrogation" under Miranda and that Edwards's