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

• Hawthorne v. State
  408 So. 2d 801· Fla. 1st DCA· 1982-01-18 ·cited 46×·via Coerced Confession
  Joyce Hawthorne appealed her second-degree murder conviction for shooting her husband, arguing several trial errors including improper impeachment using prior testimony derived from illegally obtained statements, exclusion of evidence about the victim's violence, exclusion of bat
• United States v. Wilkins
  659 F.2d 769· 7th Cir.· 1981-09-11 ·cited 46×
  The court affirmed the convictions of all three defendants, finding no reversible error in the suppression rulings, evidentiary decisions, prosecutorial comments, or sufficiency of evidence.
• United States v. Oliver
  626 F.2d 254· 2d Cir.· 1980-07-14 ·cited 46×
  The admission of a co-defendant's out-of-court statement against a defendant, without the declarant being subject to cross-examination, violates the Sixth Amendment right to confrontation if the statement is crucial and devastating. A defendant's competency to stand trial is asse
• Anton Kevin Peterson v. State
  382 So. 2d 701· Fla.· 1980-04-03 ·cited 46×
  The Florida Supreme Court addressed whether a trial judge must explicitly state on the record that a defendant's statement is voluntary before admitting it into evidence. The Court held that while explicit findings are helpful, they are not required if the record clearly demonstr
• Brown v. Beto
  468 F.2d 1284· 5th Cir.· 1972-10-27 ·cited 46×
• United States v. Abigando
  439 F.2d 827· 5th Cir.· 1971-03-11 ·cited 46×
  The court held that the defendant's confession was voluntary and trustworthy, and that the evidence, including the confession, was sufficient to support his conviction for interstate transportation of stolen vehicles.
• Ralph v. Warden, Maryland Penitentiary
  438 F.2d 786· 4th Cir.· 1970-12-11 ·cited 46×
  The court held that the imposition of the death penalty for rape, where the victim's life was not taken or endangered, violates the Eighth Amendment's prohibition against cruel and unusual punishment.
• United States ex rel. George Angelet v. Honorable Edward M. FAY
  333 F.2d 12· 2d Cir.· 1964-06-11 ·cited 46×
  The dissenting judge argues that the Mapp v. Ohio decision, establishing the exclusionary rule for illegally seized evidence, should apply retroactively to convictions predating the decision, as it declares a fundamental constitutional right.
• Latham v. Crouse
  320 F.2d 120· 10th Cir.· 1963-07-10 ·cited 46×
  The court held that the petitioners' constitutional rights were not violated by the denial of counsel before the preliminary examination or by the admission of their confessions.
• Hall v. Warden, Maryland Penitentiary
  313 F.2d 483· 4th Cir.· 1963-01-17 ·cited 46×
• The United States v. Echeles
  222 F.2d 144· 7th Cir.· 1955-04-20 ·cited 46×
  The dissenting judge believes the judgment should be reversed and the case remanded due to cumulative errors and lack of fair trial.
• Smith v. United States
  187 F.2d 192· D.C. Cir.· 1950-12-07 ·cited 46×·via Coerced Confession
  A motion to vacate a conviction under 28 U.S.C. § 2255 is not available for errors that could have been raised on direct appeal, such as the admission of evidence obtained through illegal detention or identification procedures, absent specific circumstances like lack of counsel o
• Symons v. United States
  178 F.2d 615· 9th Cir.· 1949-12-14 ·cited 46×
  The court held that the denial of the motion to suppress evidence and arrest was proper, and the admission of confessions and conviction on count one were supported by sufficient evidence.
• Shores v. United States
  174 F.2d 838· 8th Cir.· 1949-06-10 ·cited 46×
  A wife's testimony is admissible against her husband in a Mann Act prosecution, even if she expresses reluctance, as the common law exception for personal wrongs has evolved to include such violations. Furthermore, a defendant does not have an absolute right to a pretrial copy of
• McNABB v. United States
  123 F.2d 848· 6th Cir.· 1941-12-06 ·cited 46×
  The court held that the admission of statements obtained during potentially coercive interrogations was permissible if the jury found them voluntary, and that the omission of two witnesses' names from the required list was harmless error. The court also affirmed that knowledge of
• United States v. Wilson
  787 F.2d 375· 8th Cir.· 1986-03-25 ·cited 45×
  The court affirmed the convictions of both defendants, finding Wilson's post-arrest statements voluntary and the evidence sufficient, and Enriquez's sentence not grossly disproportionate and his identification procedure not impermissibly suggestive.
• United States v. Hack
  782 F.2d 862· 10th Cir.· 1986-01-23 ·cited 45×
  The court held that the defendants' confessions were voluntary, the decision to shackle them was justified, Hack's sentence was not cruel and unusual, and Owens' motion for severance was properly denied.
• United States v. Cherry
  733 F.2d 1124· 5th Cir.· 1984-05-25 ·cited 45×·via Coerced Confession
  The court held that the defendant's confession was obtained in violation of his Miranda rights because the FBI agents continued to interrogate him after he made an equivocal request for an attorney. Therefore, the confession should not have been admitted at trial.
• United States v. Alvarado
  882 F.2d 645· 2d Cir.· 1989-08-09 ·cited 44×
  The court held that the admission of redacted statements from a nontestifying codefendant, where names were replaced by neutral pronouns, did not violate the defendant's Sixth Amendment right to confrontation. It also held that sufficient evidence supported the conviction for usi
• Stano Perri v. Dir., Dep't OF Corr., State OF Ill.
  817 F.2d 448· 7th Cir.· 1987-04-29 ·cited 44×
  The court held that a state court's determination of whether a defendant knowingly and intelligently waived Miranda rights is a factual finding entitled to the presumption of correctness under 28 U.S.C. § 2254(d).
• Reyes Barrera, Jr. v. Young
  794 F.2d 1264· 7th Cir.· 1986-07-09 ·cited 44×
  The court held that Barrera's confession was voluntary and did not violate his Sixth Amendment right to counsel, as he knowingly and intelligently waived his rights despite the interrogation tactics used.
• Martin v. Kemp
  760 F.2d 1244· 11th Cir.· 1985-05-21 ·cited 44×·via Coerced Confession
  The court held that a guilty plea induced by threats against a third party is not an absolute bar to challenging the plea's voluntariness, and a remand for an evidentiary hearing is necessary if the state did not have probable cause for the threats.
• United States v. Parker
  722 F.2d 179· 5th Cir.· 1983-12-27 ·cited 44×
  The court held that the search warrant affidavit was insufficient, rendering the search unlawful, but remanded for further findings on whether evidence obtained was admissible under exceptions to the exclusionary rule.
• Cannady v. State
  427 So. 2d 723· Fla.· 1983-02-24 ·cited 44×
  Michael Cannady was convicted of first-degree murder and sentenced to death for the killing of William Carrier. The Florida Supreme Court affirmed the conviction, finding his confession admissible despite claims it was involuntary and given without proper waiver of counsel rights
• United States v. Shelby
  573 F.2d 971· 7th Cir.· 1978-03-31 ·cited 44×
  The court held that the warrantless search of the defendant's trash did not violate the Fourth Amendment, and the defendant's confessions were voluntary. However, the restitution condition of the sentence was too vague and remanded for correction.
• United States v. Gravitt
  484 F.2d 375· 5th Cir.· 1973-08-30 ·cited 44×
  The court held that the warrantless search of the defendant's automobile was constitutional as a lawful inventory search, and that the defendant's confession was admissible.
• Vaccaro v. United States
  461 F.2d 626· 5th Cir.· 1972-04-12 ·cited 44×
  The court held that the Leary decision, which struck down a statutory presumption regarding knowledge of illegal marijuana importation, must be applied retroactively. The court also established a harmless error rule for cases where the unconstitutional presumption was used.
• Trilling v. United States
  260 F.2d 677· D.C. Cir.· 1958-04-17 ·cited 44×
  The court held that a confession obtained after a valid arrest but before arraignment is admissible if it is not the product of illegal detention or police wrongdoing, but inadmissible if the detention's primary purpose was to elicit damaging statements.
• Deiterle v. State
  98 Fla. 739· Fla.· 1929-10-22 ·cited 44×
  Frederick Deiterle was convicted of unlawful homicide in the death of Ollie Glass. The Florida Supreme Court reversed his conviction, finding that his oral confessions were obtained through coercive interrogation in violation of constitutional principles, and that the written sta
• Johnson v. State
  696 So. 2d 317· Fla.· 1997-05-08 ·cited 43×
  Ronnie Johnson appeals his conviction for first-degree murder and death sentence for the killing of Lee Arthur Lawrence during a murder-for-hire shooting at a grocery store. The Florida Supreme Court affirms both the conviction and the death sentence, rejecting Johnson's challeng
• Nelson v. State
  688 So. 2d 971· Fla. 4th DCA· 1997-02-26 ·cited 43×
  Michael Eugene Nelson was convicted of first-degree murder. On appeal, Nelson challenged the trial court's denial of his motion to suppress his confession and its handling of a peremptory challenge of a minority juror. The appellate court affirmed the conviction, finding no rever
• Aldelbert Rivers v. State
  458 So. 2d 762· Fla.· 1984-11-01 ·cited 43×
  Aldelbert Rivers was convicted of first-degree murder and other felonies during an armed robbery in which he killed a waitress. The Florida Supreme Court affirmed his convictions but reduced his death sentence to life imprisonment, finding that the trial judge improperly overrode
• Jarrell v. Balkcom
  735 F.2d 1242· 11th Cir.· 1984-06-20 ·cited 43×
  The court held that the petitioner's confession was not tainted by an illegal arrest, unlawful inducement, or stale Miranda warnings, and that the trial court conducted an adequate voluntariness hearing.
• Blatch v. State
  216 So. 2d 261· Fla. 3d DCA· 1968-12-03 ·cited 43×
  Harold Blatch appealed his 1949 murder conviction, claiming insufficient evidence, improper jury instruction on insanity, and improper admission of his confession. The Third District Court of Appeal affirmed the conviction, holding that substantial evidence supported the guilty v
• United States ex rel. Thomas E. Kemp v. Pate
  359 F.2d 749· 7th Cir.· 1966-04-07 ·cited 43×
  The court held that the petitioner had exhausted his state remedies, and his confession was involuntary due to coercive circumstances, thus violating due process.
• Jackson v. United States
  337 F.2d 136· D.C. Cir.· 1964-08-13 ·cited 43×
  A voluntary confession made after proper warnings of rights is admissible, even if the defendant was not represented by counsel at the time of the confession.
• Bray v. United States
  306 F.2d 743· D.C. Cir.· 1962-05-24 ·cited 43×
  The court held that the trial court erred by refusing to grant a hearing on the voluntariness of the appellant's confession, and that the jury instruction regarding the inference from possession of recently stolen goods was permissible.
• Porter v. United States
  258 F.2d 685· D.C. Cir.· 1958-06-26 ·cited 43×
  The court held that the admission of the first statement was not an error, and while the second statement's admissibility was debatable, it was not material to the outcome of the trial. Therefore, the conviction is affirmed.
• Patterson v. State
  157 Fla. 304· Fla.· 1946-03-19 ·cited 43×
  Wilbur Paul Patterson was convicted of first-degree murder for shooting police officer Harry Raines. Patterson appeals challenging the denial of a change of venue motion, the admission of cross-examination questions about a robbery, and the admissibility of statements made to FBI
• Derrick v. State
  983 So. 2d 443· Fla.· 2008-02-07 ·cited 42×
  Samuel Jason Derrick was convicted of first-degree murder and sentenced to death for the 1987 killing of Rama Sharma. In this postconviction proceeding, the Florida Supreme Court affirmed the denial of Derrick's rule 3.850 motion for postconviction relief and rejected his petitio
• Maqueira v. State
  588 So. 2d 221· Fla.· 1991-08-29 ·cited 42×
  Jose Maqueira appeals his convictions for two first-degree murders, armed burglary, and attempted armed robbery, as well as his death sentence for the murder of Raquel Rodriguez. The Florida Supreme Court affirms his convictions and death sentence, rejecting his challenges to the
• United States v. Jorgensen
  871 F.2d 725· 8th Cir.· 1989-03-21 ·cited 42×
  The court held that the district court's determination of custody was inadequate because it failed to articulate the legal standards applied and analyze the facts from the perspective of a reasonable person in the suspect's position.
• United States v. Terrazas-Carrasco
  861 F.2d 93· 5th Cir.· 1988-11-16 ·cited 42×
  The court held that the defendant's conviction for illegal re-entry was not subject to reversal based on claims of discriminatory jury selection, improper jury instructions, or errors in charging the elements of the offense.
• State v. Manning
  506 So. 2d 1094· Fla. 3d DCA· 1987-05-05 ·cited 42×
  The State appeals the trial court's order suppressing William Manning's confession in a sexual battery case. The appellate court reverses, holding that the police officers' failure to immediately inform Manning of his arrest warrant and their misstatements about medical evidence
• Winfield C. Patterson v. Cuyler
  729 F.2d 925· 3d Cir.· 1984-03-13 ·cited 42×
  The court held that the state court's findings regarding custody and the voluntariness of the waiver of Miranda rights were entitled to a presumption of correctness under 28 U.S.C. § 2254(d) and were supported by the record.
• State v. Crispitano Oyarzo Oyarzo
  274 So. 2d 519· Fla.· 1973-02-21 ·cited 42×
  The Florida Supreme Court reversed a District Court of Appeal decision that had overturned a cocaine possession and sale conviction, holding that a second, proper Miranda warning given over two hours after arrest and before a signed statement cured any tainting effect from an arr
• Duncan v. Nelson
  466 F.2d 939· 7th Cir.· 1972-03-29 ·cited 42×·via Involuntary Confession
  The court held that while a plaintiff cannot recover damages for conviction and incarceration resulting from an improperly admitted involuntary confession, they may still pursue a claim for harm suffered due to the unlawful interrogation itself.
• United States v. Frazier
  434 F.2d 994· 5th Cir.· 1970-12-02 ·cited 42×
  The court held that the government met the standard for corroborating a confession and that the confession was not rendered involuntary by promises of leniency or denial of counsel.
• Atwell v. State OF Ark.
  426 F.2d 912· 8th Cir.· 1970-05-21 ·cited 42×
  The court held that the petitioner's claims regarding illegal arrest, coerced confession, and improper admission of prior conviction evidence did not rise to the level of federal constitutional violations reviewable by habeas corpus.
• United States ex rel. Ralph E. Hughes v. Rundle
  419 F.2d 116· 3d Cir.· 1969-11-14 ·cited 42×·via Coerced Confession
  The court held that the District Court correctly denied the habeas corpus petition without an evidentiary hearing and that the Boykin doctrine should not be applied retroactively.