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. Bendle Chadwick
  999 F.2d 1282· 8th Cir.· 1993-07-29
  Law enforcement officers are not required to inform an indicted suspect that they have been indicted before seeking a waiver of their Miranda rights and Sixth Amendment right to counsel.
• United States v. Karamo B. Kaba
  999 F.2d 47· 2d Cir.· 1993-07-15
  The court held that the district court did not err in admitting the defendant's statements, as a fair hearing on voluntariness was provided and the finding of voluntariness was not clearly erroneous.
• United States v. Finch
  998 F.2d 349· 6th Cir.· 1993-07-06 ·via Involuntary Confession
  The court held that a coerced confession must be suppressed, but the admissibility of evidence discovered as a result of that confession should be determined under the inevitable discovery exception.
• United States v. Restrepo
  994 F.2d 173· 5th Cir.· 1993-06-17
  The court affirmed the convictions, holding that circumstantial evidence, including witness testimony, packaging, and financial transactions, was sufficient for a jury to find the substance was cocaine beyond a reasonable doubt. The court also found that the Confrontation Clause
• United States v. Rodriguez
  993 F.2d 1170· 5th Cir.· 1993-06-14
  The court held that Rodriguez's Sixth Amendment right to counsel was violated when the FBI took his statement without his appointed counsel present, and that the evidence was sufficient to convict Napoles and Guerra. The court also held that the voir dire did not violate Napoles'
• Pemberton v. Collins
  991 F.2d 1218· 5th Cir.· 1993-05-27
  A federal court on habeas review may consider a confession admitted at trial, even if a state appellate court later held it inadmissible under state law, provided its admission did not violate federal constitutional standards.
• United States v. Miller
  984 F.2d 1028· 9th Cir.· 1993-01-28
  The court affirmed the conviction, holding that the defendant's confession was voluntary and the denial of his mid-trial motion to suppress wiretap evidence was not an abuse of discretion.
• Green v. State
  612 So. 2d 683· Fla. 1st DCA· 1993-01-21 ·via Coerced Confession
  The appellate court reversed an order denying a motion for post-conviction relief. The defendant claimed ineffective assistance of counsel and a coerced confession. The court found the ineffective assistance claims facially sufficient and remanded because the trial court failed t
• Griffin v. Strong
  983 F.2d 1540· 10th Cir.· 1993-01-20
  Statements made by a defendant during an interrogation are inadmissible if coerced, regardless of whether they constitute a full confession or merely an admission.
• Jenner v. Smith
  982 F.2d 329· 8th Cir.· 1993-01-05
  The court held that the habeas petitioner's incriminating statements were voluntarily made and not obtained in violation of Miranda, as she was not in custody during the interviews.
• Claudio v. Scully
  982 F.2d 798· 2d Cir.· 1992-12-28
  The court held that the failure of appellate counsel to raise a meritorious state constitutional claim regarding ineffective assistance of counsel constitutes a violation of the Sixth Amendment right to effective assistance of counsel.
• State v. Eldon Davis
  610 So. 2d 33· Fla. 4th DCA· 1992-12-02
  The court held that compelling a psychiatric examination of a defendant without counsel present does not violate the Fifth or Sixth Amendment when the defendant places his mental state at issue.
• Atkins v. State
  606 So. 2d 773· Fla. 3d DCA· 1992-11-03
• Commonwealth OF The N. Mariana Islands v. Mariano Faisao Mendiola
  976 F.2d 475· 9th Cir.· 1992-09-23
  The CNMI Supreme Court had jurisdiction over the appeal, but Mendiola's confessions were involuntary due to the totality of the circumstances, including inadequate Miranda warnings and his mental state, and should have been suppressed.
• United States v. Genoveva Asuncion
  973 F.2d 769· 9th Cir.· 1992-08-24
  The court held that the district court erred by failing to consider the delay between arrest and confession when determining voluntariness, requiring a remand. Other challenges were affirmed.
• United States v. Pasquale G. Barone
  968 F.2d 1378· 1st Cir.· 1992-07-06
  The court held that the district court's finding of voluntariness must be given deference, and suppression of the statements was improper.
• United States v. Mitchell
  966 F.2d 92· 2d Cir.· 1992-06-08
  The court held that the defendants were not in custody during the EPA interviews, thus Miranda warnings were not required, and that no trickery or deception violated the Due Process Clause.
• Matney v. Armontrout
  956 F.2d 824· 8th Cir.· 1992-02-11
  The court held that police deception of an attorney attempting to contact a suspect does not violate the suspect's constitutional rights if the suspect voluntarily waives their rights. It also held that alleged errors by trial counsel did not constitute ineffective assistance of
• Calixte v. State
  585 So. 2d 974· Fla. 3d DCA· 1991-08-13 ·via Involuntary Confession
  Bradley Calixte was convicted of first-degree murder, armed robbery, and conspiracy after police obtained a sworn written confession. The Florida appellate court reversed his conviction, holding that police violated his Miranda rights by continuing to question him after he made a
• Hatter v. Iowa Men's Reformatory
  932 F.2d 701· 8th Cir.· 1991-05-01 ·via Involuntary Confession
  The court held that the Iowa kidnapping statute was not unconstitutionally vague as applied, the kidnapping was not incidental to the sexual abuse, the confession was admissible for impeachment, and the life sentence was not disproportionate.
• United States v. Wimberly
  930 F.2d 16· 8th Cir.· 1991-04-11
  The court held that while the denial of the motion to suppress the confession was not clearly erroneous, the district court erred by refusing to allow the defendant to present evidence regarding the voluntariness of his confession at trial.
• Z.F.B. v. State
  573 So. 2d 1031· Fla. 3d DCA· 1991-02-05
  The court held that the juvenile's written waiver of his Miranda rights was knowing and voluntary, and his subsequent confession was properly admitted into evidence.
• Aiken v. Blodgett
  921 F.2d 214· 9th Cir.· 1990-12-12
  The court held that new evidence regarding decibel levels did not prove the officers heard the defendant's requests for counsel, and thus did not render the confession involuntary. The court affirmed the denial of the habeas petition.
• Smith v. Dugger
  911 F.2d 494· 11th Cir.· 1990-08-22 ·via Coerced Confession
  The court held that the district court erred in denying the writ of habeas corpus after finding counsel's failure to suppress confessions was unreasonable, as prior rulings established prejudice.
• Brown v. State
  565 So. 2d 412· Fla. 3d DCA· 1990-08-14
  Sixteen-year-old Carl Brown was convicted of first-degree murder, armed robbery, and armed burglary after confessing to police at the station. Brown appealed arguing his confession was involuntary, but the court affirmed, finding his trip to the police station and subsequent conf
• United States v. Moreno
  891 F.2d 247· 9th Cir.· 1989-12-08
  The court held that the district court must hold a hearing to determine the voluntariness of the defendant's second confession, as the circumstances surrounding it may have involved official coercion.
• Major Crane v. Sowders
  889 F.2d 715· 6th Cir.· 1989-11-14
  The court held that the exclusion of evidence regarding the circumstances of a confession, which was central to the defense of a sixteen-year-old defendant, was not harmless error because it deprived the defendant of his constitutional right to present a defense.
• Armin Carlos Torro v. State
  553 So. 2d 1252· Fla. 3d DCA· 1989-10-24
  Armin Carlos Torro appeals his conviction and sentence for attempted robbery after being shot by a jewelry store owner during an apparent robbery attempt. The appellate court affirmed the conviction but reversed the sentence, finding the trial court abused its discretion in depar
• Houston v. A.L. Lockhart
  866 F.2d 264· 8th Cir.· 1989-01-27
  The court held that the district court did not err in finding the in-custody statement voluntary and admissible for impeachment purposes, and any error was harmless.
• Huston v. Jones
  863 F.2d 30· 8th Cir.· 1988-12-15 ·via Coerced Confession
  The court held that the appellant's third habeas corpus petition did not constitute an abuse of the writ, but that his claims of involuntariness were belied by the plea transcript.
• Toste v. Lopes
  861 F.2d 782· 2d Cir.· 1988-11-17
  The court held that a defendant's low intelligence level does not automatically invalidate a waiver of Miranda rights if the waiver was knowing and intelligent.
• Tippitt v. A.L. Lockhart
  859 F.2d 595· 8th Cir.· 1988-10-17
  A custodial statement given in exchange for a fulfilled promise not to prosecute for an additional crime is not per se involuntary; voluntariness is determined by the totality of the circumstances.
• Singleton v. Thigpen
  856 F.2d 126· 11th Cir.· 1988-09-12
  The court held that the denial of an evidentiary hearing was proper because the petitioner failed to establish cause and prejudice to overcome a procedural bar on his claim of diminished capacity to waive Miranda rights.
• Huckelbury v. Dugger
  847 F.2d 732· 11th Cir.· 1988-06-20
  The court held that the district court correctly granted summary judgment because no interrogation occurred, and the advice from counsel was not a recommendation to confess.
• Magna v. Dugger
  523 So. 2d 734· Fla. 4th DCA· 1988-04-13
  Ralph Magna petitioned for a writ of habeas corpus challenging his 1976 first-degree murder conviction on grounds of ineffective assistance of appellate counsel and denial of due process. The court denied the petition, finding that Magna failed to preserve his arguments at trial
• Ferris Lynn Marshall v. State
  522 So. 2d 100· Fla. 3d DCA· 1988-03-22
• Bauza v. State
  519 So. 2d 1099· Fla. 3d DCA· 1988-02-09
  The court held that the trial court did not err in admitting the defendant's post-arrest statements and that any error in jury instructions on attempted manslaughter was harmless.
• Van Welch v. Butler
  835 F.2d 92· 5th Cir.· 1988-01-05
  The court held that statements made during a prayer session with a police officer, following a lawful recording of conversations, were voluntary and not a violation of due process, thus denying habeas corpus relief.
• Berry v. State
  516 So. 2d 116· Fla. 3d DCA· 1987-12-15
  The Florida District Court of Appeal affirmed Berry's convictions for first-degree murder, attempted armed robbery, and firearm possession, rejecting his claims that his written police statement was involuntary due to deception, promises of leniency, and inadequate Miranda warnin
• United States v. Jerri C. Lewis
  833 F.2d 1380· 9th Cir.· 1987-12-11
  The court held that the district court erred in suppressing the confession based on the judge's personal experience with anesthesia, and that the second confession was admissible as it was sufficiently attenuated from any prior unwarned statement.
• United States v. Edwards
  822 F.2d 1012· 11th Cir.· 1987-07-27
  The court granted appointed counsel's motion to withdraw and affirmed the defendant's conviction, finding the appeal to be wholly frivolous.
• Doby v. S.C. Dep't OF Corr.
  802 F.2d 718· 4th Cir.· 1986-10-02
  The court held that the state court's post-trial suppression hearing, determining the voluntariness of the confession without considering its truth, complied with the prior mandate and did not require a new trial.
• Surace v. Wainwright
  1986 U.S. Dist. LEXIS 25988· S.D. Fla.· 1986-05-01
  The court held that the petitioner's claims regarding jury instructions, confession voluntariness, prosecutorial misconduct, and double jeopardy did not rise to the level of constitutional error warranting habeas relief.
• Stevens v. Armontrout
  787 F.2d 1262· 8th Cir.· 1986-04-10
  The court held that a 200-year sentence for second-degree murder was not a violation of the Eighth and Fourteenth Amendments, and that the district court did not err in denying a habeas corpus petition without an evidentiary hearing.
• Burton Donald Woods, III v. Armontrout
  787 F.2d 304· 8th Cir.· 1986-03-20
  The court held that the federal district court erred by applying the presumption of correctness under 28 U.S.C. § 2254(d) to the state court's determination of confession voluntariness, which requires independent federal review.
• Johnny J.E. Meadows v. O.L. McCOTTER
  782 F.2d 489· 5th Cir.· 1986-02-10 ·via Coerced Confession
  The court held that the district court's findings of fact were not clearly erroneous and the record supported the conclusion that the confession and guilty plea were voluntary.
• Rook v. Rice
  783 F.2d 397-401· 4th Cir.· 1986-01-31
  The court held that the jury instruction regarding malice did not unconstitutionally shift the burden of persuasion to the defendant. However, the judge writing separately believes the death sentence procedure violated constitutional rights.
• United States v. Murphy
  763 F.2d 202· 6th Cir.· 1985-05-31
• Pressley v. State
  469 So. 2d 908· Fla. 5th DCA· 1985-05-23
• Harris v. White
  745 F.2d 523· 8th Cir.· 1984-10-05
  The court held that the trial court's refusal to conduct a hearing on allegations of prosecutorial coercion of a witness did not violate due process.