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
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441 F.2d 608·
6th Cir.·
1971-04-30
·cited 2×
The court held that the admission of Mullins' inculpatory statement, even if erroneous, was harmless beyond a reasonable doubt, and that errors regarding jury instructions and evidence admission could not be considered due to lack of objection.
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440 F.2d 58·
9th Cir.·
1971-03-23
·cited 2×
The court held that the appellant's guilty pleas were not rendered involuntary or constitutionally invalid by a prior coerced confession or by a meeting with the district attorney in the absence of counsel.
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246 So. 2d 592·
Fla. 4th DCA·
1971-03-12
·cited 2×
The court held that the appellant's constitutional rights were not violated by the warnings given before interrogation, the voluntariness of his statement, or the procedure involving a co-defendant's identification.
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438 F.2d 116·
5th Cir.·
1971-02-05
·cited 2×
The court held that the district court correctly denied the petitioner's habeas corpus petition.
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The court held that the district court's denial of the habeas corpus petition should not be disturbed, affirming the lower court's finding of voluntary confessions.
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439 F.2d 529·
D.C. Cir.·
1970-11-19
·cited 2×
The court held that the appellant's Sixth Amendment right of confrontation was not violated because the codefendants testified and were subject to cross-examination, and that the trial judge's subsequent determination of voluntariness of the confession was sufficient.
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435 F.2d 836·
9th Cir.·
1970-10-29
·cited 2×
The court held that the Bruton rule does not require reversal when the confessing codefendant testifies and is subject to cross-examination, and that the appellants' convictions were final before the Wade decision on insanity instructions.
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The court held that while the state courts provided sufficient hearings on the coerced confession and deprivation of counsel claims, a further federal evidentiary hearing was necessary on the discriminatory jury selection issue and the retroactivity of Witherspoon v. Illinois.
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239 So. 2d 648·
Fla. 3d DCA·
1970-10-06
·cited 2×
The court held that the trial court did not err in denying the motion to suppress the confession or the motion to preclude witness testimony.
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431 F.2d 1194·
8th Cir.·
1970-09-28
·cited 2×
The court held that the district court did not err in denying the habeas corpus petition, as the petitioner's claims regarding the denial of counsel and the involuntariness of his confession lacked merit.
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431 F.2d 969·
3d Cir.·
1970-08-03
·cited 2×
The appellate court affirmed the conviction, agreeing that the defendant knowingly and intelligently waived his constitutional rights and that his confession was voluntary.
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The court held that the defendant was denied effective assistance of counsel due to late appointment and lack of preparation, which prejudiced his defense.
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The court held that a late return of process does not entitle a petitioner to default judgment in a habeas corpus case, and the petition failed to state a claim.
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427 F.2d 153·
9th Cir.·
1970-05-25
·cited 2×
The court held that the petitioner had not exhausted his state remedies because the specific procedural issue regarding Jackson v. Denno was not raised in prior state court proceedings.
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426 F.2d 1158·
9th Cir.·
1970-05-12
·cited 2×
The court held that the appellant did not deliberately bypass state procedures by failing to challenge the admissibility of his confessions, as his counsel's actions were strategic to present the voluntariness issue to the jury.
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234 So. 2d 734·
Fla. 3d DCA·
1970-04-28
·cited 2×
Florida's state appeal of a trial court's pretrial order suppressing a minor's oral confession to robbery. The court reversed the suppression order, holding that oral confessions are admissible if properly established by competent testimony, and that suppression motions address o
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426 F.2d 795·
5th Cir.·
1970-03-19
·cited 2×
The court held that the district court did not err in denying the habeas corpus petition, as the issues raised did not present a federal constitutional question or were properly resolved.
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423 F.2d 71·
9th Cir.·
1970-03-04
·cited 2×
The court held that the arrest and seizure were lawful, the confessions were voluntary and properly admitted, and the petitioner received effective assistance of counsel.
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422 F.2d 940·
2d Cir.·
1970-03-03
·cited 2×
A federal court need not hold an evidentiary hearing on a habeas corpus petition if it has an adequate substitute for missing state court testimony and the state court's factual determination is fairly supported by the record.
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418 F.2d 437·
2d Cir.·
1969-11-24
·cited 2×
The court held that the federal habeas court properly considered the voluntariness of the confession de novo and that the appellant's claims of coercion were not persuasive.
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418 F.2d 871·
5th Cir.·
1969-11-12
·cited 2×
The court held that the arrest was lawful and the confession was voluntary, affirming the denial of habeas corpus relief.
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416 F.2d 370·
4th Cir.·
1969-10-14
·cited 2×
The court held that the trial court did not err in admitting Kochel's oral statement or in its handling of the prosecutor's examination of a witness.
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227 So. 2d 84·
Fla. 2d DCA·
1969-10-10
·cited 2×
Clarence Simmons was convicted of first-degree murder and sentenced to life imprisonment. He appealed arguing his confessions were inadmissible due to inadequate Miranda warnings and lack of voluntary waiver, but the court upheld the conviction, finding the warnings were properly
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226 So. 2d 265·
Fla. 4th DCA·
1969-09-10
·cited 2×
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229 So. 2d 855·
Fla.·
1969-09-10
·cited 2×
Emmett James Paramore was convicted of first-degree murder for shooting a bakery truck salesman during an attempted theft. The Florida Supreme Court affirmed his conviction, rejecting challenges to jury selection, the admissibility of a videotaped confession, and allegations of j
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414 F.2d 743·
2d Cir.·
1969-08-05
·cited 2×
The court held that the federal district court did not err in denying a habeas corpus petition without a hearing, as the state court's hearing was adequate and the appellant's claims were speculative.
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413 F.2d 1046·
5th Cir.·
1969-07-02
·cited 2×
The court held that a pre-Miranda confession's admissibility is determined by its voluntariness, and the absence of counsel does not per se invalidate it.
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411 F.2d 1363·
9th Cir.·
1969-06-04
·cited 2×
The court held that the petitioner's statement was voluntary and not the product of coercion, and therefore his constitutional rights were not violated.
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The court held that the district court correctly denied the petition for a writ of habeas corpus, finding no merit to the petitioner's claims.
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409 F.2d 17·
6th Cir.·
1969-04-07
·cited 2×
The court held that the appellant's confession was admissible and that the district court correctly denied his petition for a writ of habeas corpus.
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The court held that the petitioner's claims regarding an illegally obtained confession and inadequate counsel did not warrant federal habeas corpus relief.
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219 So. 2d 682·
Fla.·
1969-03-05
·cited 2×
This case involves a dissenting opinion arguing that a lawyer who wilfully failed to file income tax returns for three years, was convicted and imprisoned, and then resumed practice while under parole and review, should be suspended for six months.
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406 F.2d 1011·
7th Cir.·
1969-02-10
·cited 2×
The court held that the district court properly denied the petition for a writ of habeas corpus without an evidentiary hearing.
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405 F.2d 884·
5th Cir.·
1969-01-13
·cited 2×
The court held that the prisoner was not entitled to habeas corpus relief because his inculpatory statements were admissible under Escobedo.
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The court held that the petitioner's guilty pleas were intelligent and voluntary, and the district court did not err in denying the habeas corpus petition without an evidentiary hearing.
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400 F.2d 655·
6th Cir.·
1968-09-17
·cited 2×
The court held that the District Court erred in dismissing the habeas corpus petition without an evidentiary hearing to determine the voluntariness of the confessions.
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398 F.2d 483·
3d Cir.·
1968-07-15
·cited 2×
The court held that the defendant's pre-trial statement was voluntarily given and admissible into evidence, as the government met its burden to show knowing and intelligent waiver of rights.
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398 F.2d 407·
5th Cir.·
1968-07-11
·cited 2×
The court held that the district court did not err in refusing to entertain a voluntariness issue for the first time on federal habeas corpus when it was not raised in state court.
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The court held that the district court's findings of fact were not clearly erroneous and were supported by substantial evidence, affirming the denial of the habeas corpus petition.
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The court held that the district court's finding that confessions were coerced and involuntary, violating petitioner's constitutional rights, was supported by the record.
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375 F.2d 289·
7th Cir.·
1967-03-30
·cited 2×
The court held that the state court's finding of voluntariness was supported by the record, and thus the federal district court did not err in denying an evidentiary hearing or the writ of habeas corpus.
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373 F.2d 322·
5th Cir.·
1967-02-21
·cited 2×
The court held that a hearing should have been granted on both the petitioner's claim of a coerced confession and his claim of ineffective counsel for failure to advise him of his right to appeal.
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373 F.2d 15·
10th Cir.·
1967-02-15
·cited 2×
The court held that the appellant failed to meet the burden of proving the state court's finding of voluntariness was erroneous, under the amended federal habeas corpus statute.
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The court held that the defendant's confession was not unconstitutionally admitted into evidence because the relevant legal standards at the time of his trial did not require the presence of counsel.
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374 F.2d 309·
D.C. Cir.·
1967-01-24
·cited 2×
The dissenting judge believes the confessions were involuntary and should have been excluded based on Fifth Amendment rights, arguing for the application of Miranda v. Arizona.
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367 F.2d 285·
9th Cir.·
1966-10-05
·cited 2×
The court held that the district court properly denied the petitioner's second motion to vacate his sentence, as the grounds raised were previously determined on the merits and no new evidence was presented.
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The court held that the trial judge did not err in denying the motion to vacate judgment and sentence.
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366 F.2d 773·
9th Cir.·
1966-10-03
·cited 2×
The court held that the confession was admissible because the interrogation occurred before the Miranda decision, and under the law at that time, the defendant was properly advised of his rights.
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366 F.2d 565·
4th Cir.·
1966-09-16
·cited 2×
The court held that the confession was voluntary under current standards and that the arrest was lawful, affirming the denial of habeas corpus relief.
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189 So. 2d 531·
Fla. 1st DCA·
1966-08-18
·cited 2×
The court held that the appellant's motion to vacate judgment and sentence was properly denied because his extrajudicial confession was admissible, as it was tested for voluntariness and the Escobedo decision did not apply retroactively.