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

• Sanchez-Torres v. State of Fla. & Hector Sanchez-Torres v. Mark S. Inch
  Fla.· 2020-03-12
  Hector Sanchez-Torres challenges the denial of his motion to vacate his death sentence conviction, raising claims of ineffective assistance of counsel at trial and on appeal. The Florida Supreme Court affirmed the postconviction court's denial of relief and rejected his habeas pe
• V. : Ralph E. Swan
  Del. Super. Ct.· 2020-02-21
  The Court denied the defendant's motion for postconviction relief, finding that most claims were procedurally barred due to untimeliness and prior adjudication. Where claims were not procedurally barred, they were denied on the merits, as the defendant failed to demonstrate ineff
• Adkison v. Jones (Duval County)
  M.D. Fla.· 2019-10-10
  The court held that the state court's denial of the motion to suppress was not contrary to federal law and that the sentencing court's consideration of the timing of the defendant's remorse did not violate due process.
• Alton D. Johnson v. State
  268 So. 3d 806· Fla. 4th DCA· 2019-04-17
  A confession is involuntary and inadmissible when an officer, without making an express quid pro quo promise, engages in a pattern of conduct—including repeated assertions that invoking self-defense is the defendant's "only out" and misrepresentations of law—that creates unrealis
• Prosper v. Martin
  2017 U.S. Dist. LEXIS 37411· S.D. Fla.· 2017-03-10
• Jocelyn Alce v. State
  199 So. 3d 1124· Fla. 3d DCA· 2016-09-14
  Jocelyn Alce appeals convictions for first-degree murder with a firearm, two counts of burglary with assault or battery while armed, and kidnapping. The court affirmed the denial of his motion to suppress his Miranda waiver but reversed one of the two burglary convictions as a vi
• Squire v. State
  193 So. 3d 105· Fla. 4th DCA· 2016-05-25
  Rodney Squire appeals his convictions for attempted felony murder, attempted robbery, and aggravated battery, challenging the admissibility of his confession, a victim's statement, and BOLO evidence. The Fourth District reversed on the confession and BOLO issues but affirmed on t
• Darnell v. State
  193 So. 3d 88· Fla. 3d DCA· 2016-05-18 ·via Coerced Confession
  Tyler Darnell appeals his convictions for second degree murder and attempted second degree murder, challenging the denial of his motion to suppress his videotaped confession, the admission of hearsay testimony identifying him as fleeing the crime scene, and the denial of his moti
• State of Del. v. Windsor
  Del. Super. Ct.· 2015-02-25 ·via Coerced Confession
  The Court summarily denies the defendant's motion for postconviction relief. The defendant's claims are procedurally barred as they were either formerly adjudicated on appeal or not raised in prior proceedings. Even if not barred, the claims lack merit and do not meet the pleadin
• State of Del. v. Gomez
  Del. Super. Ct.· 2014-11-17 ·via Coerced Confession
  The Court denied the defendant's motion for postconviction relief and request for an evidentiary hearing. The Court found that the defendant's claims were either procedurally barred, vague, or lacked merit. The defendant's guilty plea was deemed knowing, intelligent, and voluntar
• Clevon Ghent v. State
  138 So. 3d 1127· Fla. 2d DCA· 2014-05-14 ·via Involuntary Confession
  Clevon Ghent challenges a postconviction court's denial of his Rule 3.850 motion alleging ineffective assistance of counsel for failure to move to suppress his confession. The appellate court reverses because the attachments to the postconviction court's order do not conclusively
• United States v. Ramirez
  850 F. Supp. 2d 785· S.D. Fla.· 2014-01-10 ·via Involuntary Confession
  The court held that while the defendant's statement regarding the length of his residence was inadmissible due to being obtained before Miranda warnings, his subsequent statements after a valid Miranda waiver were admissible. The court also found that the initial events of the ar
• Diaz v. State
  125 So. 3d 218· Fla. 4th DCA· 2013-02-06 ·via Coerced Confession
  The court held that the trial court erred in summarily denying the motion for postconviction relief without an evidentiary hearing.
• Anel Hubbard
  Del.· 2011-04-12
  The Delaware Supreme Court affirmed the Superior Court's denial of the defendant's motion to suppress his custodial statement. The Court held that the defendant's waiver of his Miranda rights was knowing, intelligent, and voluntary, despite his claims of rapid recitation of right
• Escobar-Guillen v. State
  53 So. 3d 393· Fla. 5th DCA· 2011-02-04 ·via Coerced Confession
• State v. Junior Joseph
  51 So. 3d 497· Fla. 5th DCA· 2010-12-03
  The State appeals a trial court's suppression of a murder defendant's confession, arguing the trial court erred in finding the Miranda warnings translated into Creole inadequate. The appellate court reverses, holding that the Creole translation reasonably conveyed the defendant's
• Franqui v. Florida
  680 F. Supp. 2d 1347· S.D. Fla.· 2010-01-28
  The court denied Petitioner Franqui's Amended Motion for Certificate of Appealability on all claims, finding no substantial showing of the denial of a constitutional right that would be debatable among reasonable jurists.
• del Valle v. State
  17 So. 3d 846· Fla. 3d DCA· 2009-08-26
  The court held that the defendant's confession was admissible because his right to terminate questioning was scrupulously honored and he voluntarily initiated the subsequent confession.
• Orin Turner
  Del.· 2008-09-10
  The Delaware Supreme Court affirmed the Superior Court's judgments, holding that the defendant's confession was voluntary and knowingly made, and that the Superior Court did not abuse its discretion in refusing to consider the defendant's untimely Sixth Amendment claim. The Court
• Smith v. Campbell
  545 F. Supp. 2d 1218· N.D. Fla.· 2008-02-13 ·via Involuntary Confession
  The court held that the officers' conduct during interrogation did not shock the conscience, and probable cause existed for the arrest, thus granting summary judgment for the defendants on federal claims.
• State v. Sullivan
  962 So. 2d 389· Fla. 5th DCA· 2007-08-10
  Florida appellate court affirmed suppression of defendant's confession based on voluntariness concerns but reversed the trial court's finding of a due process violation from failure to fully record the interview.
• Young v. State
  942 So. 2d 980· Fla. 4th DCA· 2006-11-29 ·via Coerced Confession
• State v. Raines
  944 So. 2d 421· Fla. 5th DCA· 2006-11-09 ·via Involuntary Confession
  The State appealed a trial court order suppressing statements made by Michael Raines to police, arguing the detective had not deceived Raines's attorney about his suspect status. Raines cross-appealed a denial of his motion to dismiss based on alleged state interference with his
• Silverio F. Fonte v. State
  913 So. 2d 670· Fla. 3d DCA· 2005-09-21
  The court affirmed the conviction for second-degree murder and the denial of the motion to suppress the confession, but reversed the downward departure sentence imposed by the trial court.
• Garvey
  Del.· 2005-04-28
  The Delaware Supreme Court affirmed the conviction, holding that the trial judge did not abuse his discretion in denying the motion to suppress the defendant's post-arrest statement, nor in denying the motion for a mistrial. The court also found no plain error in the jury's findi
• Parlee v. State
  899 So. 2d 458· Fla. 5th DCA· 2005-04-08
  The appellate court affirmed the trial court's denial of the motion to suppress, finding no police misconduct or implied promises that rendered the confession involuntary.
• State of Del. v. Walls
  Del. Super. Ct.· 2004-08-22 ·via Coerced Confession
  The court denied the defendant's motions for postconviction relief, finding that most claims were procedurally barred and that the remaining claims lacked merit. The court determined that the defendant's due process rights were not violated, his sentence was not cruel and unusual
• R.G. v. Dep't of Child. & Families
  869 So. 2d 617· Fla. 5th DCA· 2004-03-12
  The court held that a confession obtained in violation of Miranda v. Arizona is admissible in a civil proceeding, and the issue of voluntariness is a question of fact for the trier of fact.
• In & for New Castle Cnty.
  Del. Super. Ct.· 2003-08-08 ·via Involuntary Confession
  The Court GRANTED in part and DENIED in part the Defendant's Motion to Suppress. Statements made during the first interview were admissible because the defendant was not in custody. However, statements made during the second and third interviews were suppressed due to violations
• Leron Nelson v. State
  842 So. 2d 998· Fla. 1st DCA· 2003-04-16
  Miranda warnings alone are insufficient to break the causal chain between an illegal arrest and a subsequent confession for Fourth Amendment purposes.
• Wilson v. State
  832 So. 2d 883· Fla. 1st DCA· 2002-12-12 ·via Involuntary Statements
  The court reversed and remanded a denial of a Rule 3.850 motion for ineffective assistance of counsel where the trial court failed to attach supporting documents or hold an evidentiary hearing on claims of counsel's failure to suppress an involuntary statement and inadequate inve
• MacK v. Singletary
  142 F. Supp. 2d 1369· S.D. Fla.· 2001-01-03
  The court held that the trial court did not err in denying the motion to substitute counsel or the motion for continuance, and that the petitioner's other claims lacked merit.
• Reid v. State
  777 So. 2d 431· Fla. 2d DCA· 2000-12-27 ·via Coerced Confession
  Jesse Reid appealed the summary denial of his Rule 3.850 postconviction relief motion challenging his 1996 capital sexual battery conviction. The appellate court reversed and remanded because the trial court failed to address two ineffective assistance of counsel claims regarding
• Cheaves v. State
  761 So. 2d 1162· Fla. 2d DCA· 2000-06-07 ·via Coerced Confession
  The court affirmed the defendant's convictions but remanded for resentencing because the sentencing guidelines used were unconstitutional.
• State v. Bobo
  760 So. 2d 261· Fla. 3d DCA· 2000-06-07
  The State appeals a trial court's order suppressing the defendant's confession to multiple burglaries. The court reversed, holding that the detective's statements about case consolidation and drug treatment programs were not impermissible promises that would require exclusion of
• Melendez v. State
  747 So. 2d 1011· Fla. 2d DCA· 1999-12-10 ·via Involuntary Statements
  Ivan Melendez appeals his convictions for first degree murder, attempted murder, and attempted robbery. While the appellate court identifies two errors regarding statements made to law enforcement—one in suppressing statements for involuntariness but allowing impeachment use, and
• T.S.D. v. State
  742 So. 2d 536· Fla. 3d DCA· 1999-10-27
• Mycoff v. State
  741 So. 2d 1200· Fla. 2d DCA· 1999-09-22
  Edward Mycoff appeals his first-degree murder conviction for shooting his daughter's abusive boyfriend, William Carmine, in front of a daycare center. Mycoff challenges the denial of his motion for judgment of acquittal, the exclusion of evidence regarding Carmine's character and
• Breedlove v. Moore
  74 F. Supp. 2d 1226· S.D. Fla.· 1999-09-08 ·via Coerced Confession
  The court held that the Antiterrorism and Effective Death Penalty Act (AEDPA) applies to the habeas petition, the petition is timely, and the state court's adjudication of the Brady violation claim was not contrary to or an unreasonable application of federal law.
• Choya Jarod Hodges v. State
  740 So. 2d 1204· Fla. 4th DCA· 1999-07-28
• State v. Pullen
  722 So. 2d 253· Fla. 5th DCA· 1998-12-11
  The State appeals the trial court's suppression of a defendant's confession based on an alleged illegal warrantless arrest. The appellate court reverses the suppression order, holding that under New York v. Harris, a Payton violation (improper warrantless home entry) does not aut
• Jerdy MacKlin v. State
  722 So. 2d 226· Fla. 3d DCA· 1998-11-04
  The court held that the trial court did not err in denying the defendant's motion to suppress his confession and in excluding hearsay testimony.
• Maguna-Celaya v. Haro
  19 F. Supp. 2d 1337· S.D. Fla.· 1998-08-28 ·via Coerced Confession
  The court held that the magistrate erred in certifying extradition because the evidence of torture and coerced statements, which obliterated probable cause, should have been fully considered.
• United States v. Padilla
  908 F. Supp. 923· S.D. Fla.· 1995-11-27 ·via Coerced Confession
  The court held that polygraph examination results are admissible to corroborate or impeach a witness's testimony, provided certain conditions under the Federal Rules of Evidence are met, and that a single polygraph result can be sufficient under FRE 608(a).
• Chase Manhattan Bank v. Mandalay Shores Coop. Hous. Ass'n (In re Mandalay Shores Coop. Hous. Ass'n)
  M.D. Fla.· 1995-11-22
  The District Court affirmed the Bankruptcy Court's denial of attorney's fees and costs to Chase, finding no abuse of discretion.
• Latrice Antoinette Jones v. State
  657 So. 2d 1190· Fla. 3d DCA· 1995-05-24
• Holly v. State
  651 So. 2d 707· Fla. 5th DCA· 1995-02-03
  Affirmed conviction for arson despite police deception during interrogation, but vacated portion of sentence referencing 'First Step' program outside Volusia County.
• Lowe v. State
  650 So. 2d 969· Fla.· 1994-11-23 ·via Coerced Confession
  Rodney Lowe was convicted of first-degree murder and sentenced to death for shooting convenience store clerk Donna Burnell during an attempted robbery. The Florida Supreme Court affirmed his conviction and death sentence, rejecting claims that his confession was obtained improper
• Suarez v. State
  644 So. 2d 1038· Fla. 3d DCA· 1994-11-23 ·via Coerced Confession
• Witherspoon v. State
  645 So. 2d 146· Fla. 3d DCA· 1994-11-16
  James Witherspoon appeals his convictions for robbery with a firearm and burglary of an occupied dwelling. The appellate court reversed and remanded for a new trial, holding that the trial court committed reversible error by admitting evidence of the defendant's confessions to un