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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The court held that the act of producing baggage claim stubs, in the context of a border stop, is testimonial and incriminating, and that the suspect was in custody for Miranda purposes.
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70 Fla. 250·
Fla.·
1915-11-09
·cited 59×
Mrs. McDonald was convicted of attempting to procure a miscarriage of one Mary Martin using obstetrical instruments. The Florida Supreme Court affirmed her conviction, holding that her voluntary confessions to police officers were properly admitted in evidence and that proof of t
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761 F.2d 1·
1st Cir.·
1985-04-24
·cited 58×
The court held that the evidence was sufficient to support the jury's guilty verdicts and that the admission of defendants' statements was not reversible error, despite a delay in bringing them before a magistrate.
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465 F.2d 749·
9th Cir.·
1972-08-08
·cited 58×
The court held that the indictment was sufficient, jury instructions were adequate, admissions were voluntary, and sentencing was not an abuse of discretion.
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380 F.2d 305·
10th Cir.·
1967-06-23
·cited 58×
The court held that the trial court did not err in admitting the appellant's written confession, as the Miranda warnings were sufficiently clear and the jury instruction on voluntariness was appropriate.
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375 F.2d 363·
8th Cir.·
1967-03-23
·cited 58×
The court held that the defendant's incriminating statements were admissible because he was properly informed of his Miranda rights, voluntarily waived them, and the trial court's procedures, though unusual, were invited by the defense and did not prejudice the defendant.
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348 F.2d 823·
5th Cir.·
1965-06-18
·cited 58×
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313 F.2d 347·
4th Cir.·
1963-01-16
·cited 58×
The court held that the late appointment of counsel and the attorney's failure to investigate potential defenses or object to illegal convictions constituted ineffective assistance of counsel, violating the defendant's constitutional rights.
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525 So. 2d 870·
Fla.·
1988-05-26
·cited 57×
The trial court erred by failing to excuse a prospective juror for cause who expressed beliefs that would prevent him from following the court's instructions on the insanity defense, requiring reversal of the convictions and sentence.
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813 F.2d 970·
9th Cir.·
1987-03-26
·cited 57×
The court held that the defendant's confession was admissible and that separate punishments for transporting and possessing a stolen vehicle were permissible.
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540 F.2d 1048·
10th Cir.·
1976-08-23
·cited 57×
The court held that the defendant's confession was voluntary, the exclusion of expert testimony on eyewitness identification was proper, and the warrantless arrest and search of the apartment were justified by exigent circumstances and consent.
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526 F.2d 339·
5th Cir.·
1976-01-23
·cited 57×
The court held that the marijuana seized was properly admitted into evidence and that the statements made by Odom were admissible, affirming the convictions.
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417 F.2d 89·
2d Cir.·
1969-10-10
·cited 57×
The court held that the evidence obtained from the appellants was voluntarily produced and admissible, and that while convictions for tax evasion and subscribing to false returns were affirmed, cumulative fines for the false return charges were improper.
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140 So. 2d 97·
Fla.·
1962-04-04
·cited 57×
Three men were convicted of first-degree murder in the death of Eugene Arnold Richardson. On appeal, they challenged the admissibility of their extrajudicial confessions, the exclusion of intelligence testing evidence in an insanity defense, and alleged prosecutorial misconduct.
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132 F.2d 837·
2d Cir.·
1942-12-15
·cited 57×
A witness who has confessed all elements of a crime cannot withhold details, such as the victim's identity, that tend to incriminate.
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133 Fla. 757·
Fla.·
1938-08-01
·cited 57×
The Florida Supreme Court addressed the admissibility of an extrajudicial confession made to police officers without prior warning of constitutional rights, ultimately affirming Clyde Stoutamire's conviction for larceny while reversing Jack Harris's conviction due to insufficient
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998 So. 2d 531·
Fla.·
2008-09-29
·cited 56×
The Florida Supreme Court held that Miranda warnings must expressly inform suspects of their right to have counsel present during custodial interrogation, not merely the right to consult with counsel before questioning. The court rejected a police form that warned of the right to
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728 F.2d 1322·
11th Cir.·
1984-03-15
·cited 56×
The court held that the trial judge's jury instruction on intent, while erroneous, was harmless beyond a reasonable doubt because the defendant's intent to kill was not a contested issue. The court also found that the statutory aggravating circumstance was properly applied and th
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Robert Sullivan, convicted of murder and sentenced to death in 1973, appeals the trial court's denial of his second Rule 3.850 motion for post-conviction relief and seeks various forms of habeas relief. The Florida Supreme Court affirms the denial of his motion and rejects his ha
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420 F.2d 889·
9th Cir.·
1969-12-11
·cited 56×
The court concurred with the majority opinion but emphasized the importance of the trustworthiness of business records, especially those generated by electronic data processing.
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415 F.2d 638·
5th Cir.·
1969-09-09
·cited 56×
The court held that a confession obtained after an inadequate Miranda warning is inadmissible, and subsequent confessions are also inadmissible if they are a direct product of the initial tainted confession and the effects have not been dissipated.
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188 So. 2d 320·
Fla. 2d DCA·
1966-06-24
·cited 56×
Leroy Williams was convicted of first-degree murder for shooting Percy Mong during an alleged robbery at a grocery store. The Florida District Court of Appeal reversed his conviction due to three critical evidentiary errors: admission of the victim's hearsay statement identifying
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351 F.2d 429·
3d Cir.·
1965-05-20
·cited 56×
The court denied the petition for rehearing en banc.
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The court held that the extensive and inflammatory pretrial publicity created such prejudice that the jury could not be impartial, violating the defendant's Fourteenth Amendment rights.
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272 F.2d 795·
1st Cir.·
1959-12-28
·cited 56×
The court held that the district court erred in resolving factual issues without allowing the petitioner to testify, but affirmed the denial of the motion because the petitioner's allegations, even if true, did not legally invalidate his guilty plea.
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483 So. 2d 117·
Fla. 2d DCA·
1986-02-14
·cited 55×
Telesford Alejo appeals his conviction and sentence for second-degree murder. The appellate court found fundamental error in the trial court's incomplete jury instruction on manslaughter and improper sentence enhancement for use of a weapon, reversing and remanding for a new tria
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250 F.2d 30·
D.C. Cir.·
1957-11-13
·cited 55×
The court held that the admission of the defendant's oral and written statements was not erroneous, especially given the jury instruction on voluntariness.
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25 Fla. 501·
Fla.·
1889-06-01
·cited 55×
James Coffee was convicted of murder in the first degree for the killing of Henry B. Hammond and sentenced to death. The Florida Supreme Court reversed the conviction, holding that Coffee's confession at Martel was inadmissible because it was induced by an earlier coerced confess
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626 F.2d 753·
9th Cir.·
1980-09-02
·cited 54×
Statements made by a defendant following an illegal arrest are inadmissible as 'fruit of the poisonous tree' if they are not sufficiently attenuated from the illegality, even if Miranda warnings were given.
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366 So. 2d 752·
Fla.·
1978-10-26
·cited 54×
Ronald Jackson was convicted of first-degree murder and sentenced to death for killing a robbery victim by shooting and suffocation. The Florida Supreme Court affirmed the conviction and death sentence, finding the crime heinous and atrocious, with aggravating circumstances subst
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468 F.2d 68·
10th Cir.·
1972-10-10
·cited 54×
The court held that the warrantless search of the van was constitutional based on probable cause derived from the odor of marijuana and suspicious circumstances, and that the defendant's confession was voluntary and admissible despite a delay in arraignment.
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468 F.2d 93·
7th Cir.·
1972-06-30
·cited 54×
The court held that the IRS agents' conduct did not render Dr. Lehman's confession involuntary, nor did it violate his constitutional rights or IRS regulations to the extent requiring suppression of evidence.
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The Court held that a prisoner is not entitled to a default judgment or immediate release due to the state's failure to file a timely return in a habeas corpus proceeding, and the district court retains the power to dismiss the petition sua sponte for failure to exhaust state rem
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228 F.2d 286·
5th Cir.·
1955-12-23
·cited 54×
The court held that the admission of confessions was not erroneous, as the alleged unlawful detention was by state officers and not in collaboration with federal authorities, making the McNabb Rule inapplicable.
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143 Fla. 826·
Fla.·
1940-08-02
·cited 54×
Ivory Lee Williams was convicted of murder in the first degree and sentenced to death for killing Mrs. Hodge. On appeal to the Florida Supreme Court, Williams challenged the admission of his written confessions, blood evidence, and the denial of discovery of the confessions, but
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Broomer Dabney was convicted of murder in the second degree after being jointly tried with his mother, who was acquitted. On appeal, he challenged the admission of his confessions as involuntary and the prosecutor's comments about his testimony, but the Florida Supreme Court affi
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92 Fla. 699·
Fla.·
1926-08-21
·cited 54×
The Florida Supreme Court affirmed a death sentence for first-degree murder. The court addressed multiple assignments of error, including the denial of a continuance, the admission of evidence, and the admissibility of confessions, finding no reversible error.
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349 So. 2d 714·
Fla. 2d DCA·
1977-08-17
·cited 53×
Billie Ann Fillinger pleaded nolo contendere to grand larceny while reserving her right to appeal the denial of her motion to suppress her confession. The Florida District Court of Appeal reversed the trial court's denial of the suppression motion, finding that the confession was
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354 F.2d 132·
2d Cir.·
1965-12-02
·cited 53×
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A guilty plea induced by confronting the defendant with a confederate's inadmissible confession is not rendered involuntary or subject to collateral attack under 28 U.S.C. § 2255 if the plea itself was entered competently and intelligently.
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706 So. 2d 1349·
Fla.·
1998-01-29
·cited 52×
Larry Richardson appeals his death sentence for murder, claiming improper admission of a confession made during plea negotiations. The Florida Supreme Court reverses and orders a new trial because Richardson's confession was admitted in violation of Florida Rule of Criminal Proce
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630 So. 2d 609·
Fla. 1st DCA·
1993-12-17
·cited 52×
Robert Black appeals his conviction on twenty counts of armed robbery, armed burglary, and armed kidnapping arising from three separate robberies. The appellate court affirmed all convictions but reversed two consecutive minimum mandatory sentences imposed under the habitual viol
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832 F.2d 915·
5th Cir.·
1987-11-25
·cited 52×
The court held that Texas law did not permit the jury to consider all of Penry's personal mitigating circumstances prior to sentencing, but was bound by superior authority to reject this contention.
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417 So. 2d 674·
Fla.·
1982-07-15
·cited 52×
Timothy Donovan was convicted of first-degree murder and challenged admission of incriminating statements he gave to police, arguing that deputy testimony about his behavior when read Miranda warnings constituted an impermissible comment on his right to remain silent. The Florida
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The court held that the warrantless search for vehicle identification numbers was permissible and that statements made by the defendant were admissible, either because they were voluntarily initiated after Miranda warnings or because the warnings given by federal agents carried o
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322 F.2d 770·
5th Cir.·
1963-09-17
·cited 52×
The dissenting judge holds that the majority's reversal of the conviction is erroneous and based on an unsupported theory of law.
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135 Fla. 30·
Fla.·
1938-11-15
·cited 52×
Tommie Lee Brown was convicted of first-degree murder in the killing of Fred Holland. On appeal to the Florida Supreme Court, Brown challenged the indictment, the admissibility of his confession, and alleged juror bias. The court affirmed the conviction, holding that the indictme
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30 F.3d 1420·
11th Cir.·
1994-09-08
·cited 51×
Gerald Anthony Coleman, convicted of murdering his ten-year-old sister when he was fifteen years old, appealed his federal habeas corpus denial, challenging the admissibility of his confession on two grounds: that police violated his Fifth Amendment right to remain silent by cont
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971 F.2d 1513·
11th Cir.·
1992-08-26
·cited 51×
Alphonso Cave, convicted of murder and sentenced to death, challenged his conviction and sentence through a federal habeas corpus petition raising thirteen claims. The district court held an evidentiary hearing on Cave's claim of ineffective assistance of trial counsel and found
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456 So. 2d 436·
Fla.·
1984-09-06
·cited 51×
Norman Parker was convicted of first-degree murder, four counts of robbery, sexual battery, and unlawful firearm possession for a violent home invasion in Miami on July 18, 1978. The Florida Supreme Court affirmed his conviction and death sentence, rejecting numerous trial challe