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

• Brown v. State
  657 So. 2d 903· Fla. 4th DCA· 1995-05-03 ·cited 2×
• Jackson v. State
  640 So. 2d 1173· Fla. 2d DCA· 1994-07-20 ·cited 2×·via Coerced Confession
  Jackson appeals the summary denial of his 3.850 postconviction motion. The appellate court reversed and remanded on one claim regarding ineffective assistance of counsel for failure to file a suppression motion on a coerced confession, while affirming the summary denial of two ot
• People OF Territory OF Guam v. Muna
  999 F.2d 397· 9th Cir.· 1993-07-13 ·cited 2×
  The court held that errors in grand jury proceedings or the destruction of evidence do not warrant dismissal of an indictment after conviction if the defendant was not prejudiced and the police did not act in bad faith. Confessions were admissible as they were voluntary and knowi
• United States v. March
  999 F.2d 456· 10th Cir.· 1993-07-09 ·cited 2×
  The court held that the defendant's confession was admissible, the jury instruction error was harmless, and the denial of a sentence reduction was not clearly erroneous. The Judgment and Commitment Order contained a clerical error requiring correction.
• United States v. Parker
  997 F.2d 219· 6th Cir.· 1993-07-06 ·cited 2×
  The court held that the trial court did not err by not giving a voluntariness instruction for a confession when the defendant did not request it or object to its introduction.
• United States v. Miller
  987 F.2d 1462· 10th Cir.· 1993-03-01 ·cited 2×·via Involuntary Confession
  The court held that the district court did not err in denying an untimely motion to suppress a confession without a hearing and that the denial of a motion for a new trial based on a recantation was not an abuse of discretion.
• Pagan v. Keane
  984 F.2d 61· 2d Cir.· 1993-01-19 ·cited 2×
  A district court has discretion to hold an evidentiary hearing in a habeas corpus case, even if not strictly required, and this discretion was erroneously believed to be absent by the lower court.
• United States v. Narvin J. Bordeaux, Jr.
  980 F.2d 534· 8th Cir.· 1992-12-02 ·cited 2×
  The court held that there was sufficient evidence of malice for second-degree murder, that the trial court did not err in refusing a voluntary manslaughter instruction, and that the defendant's confession was voluntary.
• Fairchild v. A.L. Lockhart
  979 F.2d 636· 8th Cir.· 1992-11-10 ·cited 2×·via Coerced Confession
  The court held that the district court did not err in finding Fairchild's confessions voluntary and reliable, and that his Brady claims constituted an abuse of the writ as he failed to demonstrate prejudice.
• United States v. Berry
  977 F.2d 915· 5th Cir.· 1992-11-05 ·cited 2×
  The court held that multiple convictions and sentences for simultaneous possession of firearms and ammunition by a felon violate the Double Jeopardy Clause, but a conviction for carrying a firearm during a drug-trafficking offense is permissible. The court also held that failure
• Self v. Collins
  973 F.2d 1198· 5th Cir.· 1992-09-22 ·cited 2×
  The court held that the district court erred in disregarding state court findings of fact and making its own credibility determinations, and that the confession was not obtained contrary to the Constitution.
• United States v. Winn
  969 F.2d 642· 8th Cir.· 1992-07-09 ·cited 2×
  The court held that the defendant was properly convicted of two counts of possession of a firearm by a felon, and that his confession and consent to search were voluntary.
• United States v. Perez-Bustamante
  963 F.2d 48· 5th Cir.· 1992-05-29 ·cited 2×
  A confession is not rendered inadmissible solely due to a delay in bringing the defendant before a magistrate if the confession is found to be voluntary under the totality of the circumstances.
• Pierson v. O'Leary
  959 F.2d 1385· 7th Cir.· 1992-04-06 ·cited 2×
  The court held that prosecutorial misconduct and the admission of victim impact evidence did not deny the defendant due process, and that federal habeas corpus relief was unavailable for Fourth Amendment claims due to the state's opportunity for full and fair litigation. The cour
• Lane v. Richards
  957 F.2d 363· 7th Cir.· 1992-02-25 ·cited 2×
  A federal court must dismiss a habeas corpus petition if any claim within it is unexhausted in state court, even if other claims are exhausted.
• United States v. Gregory Wrice (90-5703) & Tommy Goods (90-5479)
  954 F.2d 406· 6th Cir.· 1992-01-23 ·cited 2×
  The court held that a document filed with the district court within forty days of judgment, even if not a formal notice of appeal, can confer jurisdiction if later validated by a motion to extend time.
• Holland v. Collins
  950 F.2d 169· 5th Cir.· 1991-12-17 ·cited 2×
  The dissenting judge argues that the majority erred in granting a stay of execution because the movant failed to demonstrate a constitutional violation or satisfy the legal standards for a stay. The dissenting judge contends that the issues raised by the petitioner regarding the
• Graham v. Hoke
  946 F.2d 982· 2d Cir.· 1991-10-03 ·cited 2×
  The Court of Appeals held that the Cruz rule regarding the admission of codefendant confessions in joint trials should be applied retroactively, but that the admission of the codefendant's confession in this case was harmless error given the strength of the other evidence.
• United States v. Jenkins
  938 F.2d 934· 9th Cir.· 1991-07-05 ·cited 2×
  The court held that confessions obtained after police beatings and death threats were coerced and inadmissible, even if a subsequent confession occurred after a short interval.
• Mata v. Ricketts
  937 F.2d 467· 9th Cir.· 1991-07-01 ·cited 2×
  The admission of a nontestifying codefendant's confession was harmless error beyond a reasonable doubt, and therefore, habeas corpus relief is denied.
• United States v. Campbell
  935 F.2d 39· 4th Cir.· 1991-06-05 ·cited 2×
  The court held that the evidence was sufficient to support the convictions, that co-defendant statements were properly admitted, that the school-zone statute is constitutional, and that sentencing calculations were appropriate.
• Evans v. Denis Dowd
  932 F.2d 739· 8th Cir.· 1991-05-08 ·cited 2×
  The court held that the confession was not involuntary and affirmed the dismissal of the habeas corpus petition.
• United States v. Ricardo D.
  912 F.2d 337· 9th Cir.· 1990-08-24 ·cited 2×
  The court held that the juvenile's detention in the patrol car constituted a de facto arrest without probable cause, rendering subsequent statements inadmissible.
• United States v. Vincent
  901 F.2d 97· 8th Cir.· 1990-04-03 ·cited 2×·via Coerced Confession
  The court held that the defendant's challenges to the indictment, the admission of his post-arrest statement, and the constitutionality of the sentence enhancement statute were without merit.
• United States v. Lawrence
  889 F.2d 1187· 1st Cir.· 1989-11-21 ·cited 2×·via Involuntary Confession
  The court held that the defendant's confession, though initially deemed involuntary by the trial court, was not in fact involuntary and was therefore admissible for rebuttal purposes, and that the sentencing guidelines were applied correctly.
• Latroy Darnell RAY v. Duckworth
  881 F.2d 512· 7th Cir.· 1989-08-09 ·cited 2×
  The court held that the trial court did not err in denying a third competency hearing and that the defendant's confession was voluntary.
• Paster v. Lynaugh
  876 F.2d 1184· 5th Cir.· 1989-06-27 ·cited 2×
  The court held that the petitioner's claims were procedurally barred or unsupported by the record, and thus denied his motions for a certificate of probable cause and a stay of execution.
• Martinez v. State
  544 So. 2d 310· Fla. 4th DCA· 1989-05-31 ·cited 2×
  A defendant's ambiguous question during custodial interrogation—specifically asking about the availability of free counsel while being re-advised of Miranda rights for the fourth time—does not constitute a request for counsel requiring cessation of questioning when the defendant'
• Egil Ingvaldsen v. State
  539 So. 2d 613· Fla. 4th DCA· 1989-03-22 ·cited 2×
  Florida appellate court affirmed conviction for soliciting murder of judges, finding that any prejudicial admission of prior bad acts evidence was harmless error given the defendant's detailed voluntary confession and corroborating witness testimony.
• Valentino Williams v. State
  539 So. 2d 563· Fla. 4th DCA· 1989-03-08 ·cited 2×
  The court held that the admission of a portion of the defendant's statement regarding prior arrests and probation, made during Miranda advisement, was substantially outweighed by the danger of unfair prejudice.
• United States v. Ortega-Santana
  869 F.2d 12· 1st Cir.· 1989-03-08 ·cited 2×
  The court held that the appellant was not 'seized' within the meaning of the Fourth Amendment, and therefore his confession and subsequent identification were admissible.
• Upshaw v. State
  536 So. 2d 378· Fla. 2d DCA· 1988-12-30 ·cited 2×·via Coerced Confession
  The court held that one claim in the motion for postconviction relief presented a prima facie showing of entitlement to relief, requiring further proceedings.
• Benoit Balthazar v. State
  533 So. 2d 955· Fla. 4th DCA· 1988-11-23 ·cited 2×
• United States v. Baird
  851 F.2d 376· D.C. Cir.· 1988-06-24 ·cited 2×
  The court held that the circumstances of the interview did not constitute a custodial interrogation requiring Miranda warnings, nor was the confession involuntary due to coercion.
• Bishop v. State
  527 So. 2d 836· Fla. 4th DCA· 1988-05-11 ·cited 2×
  Lawrence Bishop appeals the denial of his rule 3.850 motion for post-conviction relief in a first-degree murder and robbery case. The court affirms the denial, finding the allegations conclusory rather than factual and expressing concern about successive post-conviction motions r
• Winfrey v. Wyrick
  836 F.2d 406· 8th Cir.· 1988-02-17 ·cited 2×
  A confession is voluntary if obtained in a manner compatible with constitutional requirements, considering the totality of the circumstances, even if the defendant has diminished mental capacity, as long as there is no evidence of state coercion.
• Wesley v. State
  498 So. 2d 1276· Fla. 2d DCA· 1986-10-17 ·cited 2×
  The court held that the defendant's confession and consent to search were voluntary, and that the prosecutor's comment was harmless error, but that the robbery sentence must be resentenced according to guidelines.
• Grover John Moran v. Blackburn
  781 F.2d 444· 5th Cir.· 1986-01-28 ·cited 2×
  The court held that the district court's finding that Moran's confession was voluntary was not clearly erroneous, and therefore affirmed the dismissal of his habeas corpus petition.
• United States v. Dollard
  780 F.2d 1118· 4th Cir.· 1985-12-30 ·cited 2×
  The court held that the trial court erred by refusing to allow the defendant to testify outside the jury's presence regarding the voluntariness of his confession, which constitutes reversible error. However, the indictment under 18 U.S.C. § 1709 was proper.
• United States v. Ferguson
  778 F.2d 1017· 4th Cir.· 1985-12-05 ·cited 2×
  The court affirmed the convictions, holding that trial by a magistrate in misdemeanor cases is constitutional when consensual, and that the defendants' other contentions lacked merit.
• Alfreda Howard v. State
  473 So. 2d 10· Fla. 3d DCA· 1985-07-16 ·cited 2×
  Florida appellate court affirmed conviction for attempted second-degree murder with a firearm and 20-year sentence with 3-year mandatory minimum, rejecting challenges to confession admissibility, firearm enhancement, and victim impact statements.
• Claudio Fernandez v. Rodriguez
  761 F.2d 558· 10th Cir.· 1985-04-04 ·cited 2×·via Involuntary Confession
  The admission of polygraph test results, which are testimonial communications, in a criminal trial cannot be harmless error if the confession was involuntary or if the error was not harmless beyond a reasonable doubt.
• United States v. Warbonnet
  750 F.2d 698· 8th Cir.· 1984-12-19 ·cited 2×
  The court held that the evidence was sufficient to support the conviction for assault with intent to commit murder and that the confession was voluntary.
• Nealy J. Buchanon v. Mintzes
  734 F.2d 274· 6th Cir.· 1984-05-09 ·cited 2×·via Coerced Confession
  The court held that Rule 9(a) of habeas corpus proceedings requires a showing of actual prejudice to bar consideration of claims, and that the state failed to show prejudice regarding the petitioner's claims of unknowing waiver of counsel and guilty plea.
• Brock v. State
  446 So. 2d 1170· Fla. 5th DCA· 1984-03-15 ·cited 2×
  Appellate court reversed burglary and grand theft convictions because prosecutor improperly commented on defendant's failure to testify, violating the Fifth Amendment right to remain silent, despite overwhelming evidence of guilt.
• Langton v. State
  448 So. 2d 534· Fla. 2d DCA· 1984-03-14 ·cited 2×
  Patrick Langton was convicted of first-degree arson, but the Florida District Court of Appeal reversed because his confession was obtained in violation of Miranda rights. After Langton invoked his right to silence, police continued interrogating him using suggestive techniques, w
• Brantley v. McKASKLE
  722 F.2d 187· 5th Cir.· 1984-01-03 ·cited 2×
  The federal court must defer to state court findings of fact unless clearly erroneous, but may independently review conclusions of law regarding confession voluntariness.
• Silas v. State
  431 So. 2d 239· Fla. 1st DCA· 1983-05-06 ·cited 2×
  Silas appealed his armed robbery conviction, challenging the admission of his confession to a federal DEA agent who had not given Miranda warnings and the trial court's jury instruction on flight as circumstantial evidence of guilt. The appellate court affirmed the conviction, ho
• Royal v. Wyrick
  694 F.2d 525· 8th Cir.· 1982-12-07 ·cited 2×
  The court affirmed the dismissal of Royal's claims without prejudice, but the concurring judge disagreed with the majority's reasoning on exhaustion of state remedies.
• United States v. Jackson
  690 F.2d 147· 8th Cir.· 1982-10-14 ·cited 2×
  The court held that incriminating statements made by the appellant after a polygraph examination, without a fresh reading of Miranda rights, were not voluntarily made and should have been suppressed.