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
-
The court held that the plaintiff's civil rights claims under 42 U.S.C.A. §§ 1983 and 1985 were not barred by the Illinois statute of limitations and that sufficient evidence supported the jury's verdict.
-
176 F.2d 579·
7th Cir.·
1949-07-25
·cited 42×
The court held that the petitioner's claims of coerced confessions and incompetent counsel did not violate his federal constitutional rights, and therefore, the District Court properly dismissed his habeas corpus petition.
-
658 F.2d 1332·
9th Cir.·
1981-10-13
·cited 41×
A confession is involuntary if obtained through psychological coercion, such as threats that a mother will not see her child for a long time if she does not cooperate.
-
The court held that the admission of a confession obtained shortly after the use of force, and the prejudicial effect of a co-defendant's guilty plea before the jury, constituted plain error requiring a new trial for housebreaking and larceny charges.
-
165 F.2d 225·
D.C. Cir.·
1947-11-03
·cited 41×
The court held that the trial court did not err in denying severance, restricting cross-examination, excluding evidence, or in its jury instructions, and that confessions were admissible or rendered harmless by subsequent testimony. The judgments of conviction for first-degree mu
-
838 F.2d 1530·
11th Cir.·
1988-03-10
·cited 40×
The court held that the trial court erred by admitting the defendant's statement without first determining if he had knowingly and intelligently waived his Miranda rights, but this error was harmless.
-
714 F.2d 1455·
8th Cir.·
1983-08-12
·cited 40×
The court held that the defendant's counsel provided ineffective assistance during the penalty phase of his trial by failing to present mitigating evidence, violating the Sixth and Fourteenth Amendments.
-
515 F.2d 1324·
D.C. Cir.·
1975-07-17
·cited 40×
The court held that the Federal Bank Robbery Act does not preclude prosecution under the D.C. Code for offenses also covered by the federal act, allowing for joinder and prosecution under both statutes.
-
467 F.2d 1248·
7th Cir.·
1972-08-18
·cited 40×
The court held that the Miranda warnings given to the appellant were equivocal and ambiguous, and the subsequent statements were inadmissible due to inadequate warnings and lack of proof of a knowing and intelligent waiver.
-
452 F.2d 337·
6th Cir.·
1971-12-07
·cited 40×
The admission of psychiatric reports, written by unidentified authors and not subject to cross-examination, violated the defendant's Sixth Amendment right to confrontation, even if admissible under a state hearsay exception.
-
A guilty plea induced by government promises or threats, even if not disclosed to the court, is void if the inducement was the sole basis for the plea. The government's silence when a defendant falsely denies inducements constitutes a fraud on the court.
-
212 So. 2d 27·
Fla. 2d DCA·
1968-05-01
·cited 40×
The appellate court held that the trial court did not err in admitting the appellant's confession or in denying his application for a change of venue.
-
166 So. 2d 798·
Fla. 2d DCA·
1964-07-24
·cited 40×
Johnson was convicted of assault with intent to commit rape and appealed, challenging the sufficiency of evidence and the admission of testimony from a polygraph examiner who testified about statements Johnson made during a post-incident interview. The appellate court affirmed, h
-
334 F.2d 95·
10th Cir.·
1964-07-01
·cited 40×
The court held that the petitioners were not denied their constitutional right to a fair trial, despite extensive pretrial publicity and the actions of their court-appointed attorneys, as their confessions were voluntary and their counsel provided adequate representation under th
-
314 F.2d 860·
10th Cir.·
1963-03-19
·cited 40×
The court held that the defendant's confession was admissible and that the prosecutor's argument was proper, affirming the conviction.
-
296 F.2d 657·
8th Cir.·
1961-11-21
·cited 40×
The court affirmed the conviction, finding the indictment sufficient and the defendant's waiver of counsel valid. The court also addressed the admissibility of the defendant's statement and the scope of the Federal Kidnaping Act.
-
112 So. 2d 910·
Fla. 2d DCA·
1959-05-27
·cited 40×
Maurice Chavigny, a French national, was convicted of two counts of second-degree murder for the April 3, 1957 shooting deaths of Wilbur and Faye McReynolds in St. Petersburg, Florida, and sentenced to consecutive life sentences. The appellate court affirmed the convictions and s
-
226 F.2d 83·
9th Cir.·
1955-08-22
·cited 40×
A federal district court has the authority to hold hearings and make independent factual determinations in a habeas corpus proceeding, even if the issue was previously litigated in state court, particularly when the claim involves physical coercion rendering a confession involunt
-
222 F.2d 698·
2d Cir.·
1955-05-11
·cited 40×
Confessions obtained through prolonged interrogation, incommunicado detention, and deceptive tactics are inadmissible as violating due process.
-
122 F.2d 213·
D.C. Cir.·
1941-06-30
·cited 40×
The court held that the evidence was insufficient to support a conviction for first-degree murder, and the conviction must be reversed.
-
78 Fla. 167·
Fla.·
1919-07-29
·cited 40×
The Florida Supreme Court reversed a larceny conviction because the state failed to prove the unlawful taking of the car and improperly commented on the defendant's failure to testify. The court emphasized that essential elements of a crime must be proven beyond a reasonable doub
-
44 Fla. 81·
Fla.·
1902-01-01
·cited 40×
Johnson Kirby was convicted of manslaughter in Columbia County Circuit Court after being indicted for first-degree murder. The Florida Supreme Court reversed the judgment and remanded for a new trial, finding multiple trial errors including the improper admission of a magistrate'
-
David James Martin was convicted of first-degree murder and armed robbery in the death of Jacey McWilliams, and sentenced to death. The Florida Supreme Court affirmed his convictions and death sentence, finding that his confession was voluntary despite challenging interrogation t
-
688 So. 2d 313·
Fla.·
1996-12-19
·cited 39×
Terance Valentine was convicted of first-degree murder and sentenced to death for a brutal crime committed in 1988 against his ex-wife Livia Romero and her new husband Ferdinand Porche. The Florida Supreme Court affirmed the murder conviction and death sentence while reversing th
-
777 F.2d 609·
11th Cir.·
1985-11-14
·cited 39×
The court held that the appellant was denied his Sixth Amendment right to effective assistance of counsel due to his trial attorney's failure to move to suppress numerous confessions, and that an evidentiary hearing is necessary to determine if this failure constituted sound tria
-
666 F.2d 949·
5th Cir.·
1982-02-04
·cited 39×
The court held that the state trial court failed to adequately inquire into the defendant's competency to stand trial, violating his procedural due process rights under Pate v. Robinson.
-
568 F.2d 643·
9th Cir.·
1978-01-23
·cited 39×
The court held that the trial court did not abuse its discretion in admitting the defendant's prior statement regarding his intentions and that the defendant's statements were properly admitted despite not being preceded by Miranda warnings at the time they were made.
-
522 F.2d 429·
6th Cir.·
1975-08-08
·cited 39×
The court held that the district court erred in excusing jurors without notice to the defendant or his counsel, requiring reversal and a new trial.
-
914 F.2d 950·
7th Cir.·
1990-09-28
·cited 38×
The court held that the defendant's statements were voluntary and admissible, and that the Federal Sentencing Guidelines applied to his ongoing conspiracy offense.
-
793 F.2d 621·
5th Cir.·
1986-06-27
·cited 38×
The court held that the Mississippi Supreme Court's procedural bar was not adequate and independent, allowing federal review of the Eighth Amendment claim, and that the petitioner was competent to stand trial.
-
770 F.2d 1434·
9th Cir.·
1985-09-10
·cited 38×
A voluntary, unwarned admission does not automatically taint a subsequent confession made after proper Miranda warnings and waiver.
-
389 So. 2d 669·
Fla. 3d DCA·
1980-10-21
·cited 38×
Harold Blatch, convicted of first-degree murder in 1951, sought collateral relief in 1979 claiming ineffective assistance of retained counsel for failing to challenge his confession. The Florida District Court of Appeal held that claims of ineffective assistance of retained couns
-
510 F.2d 35·
9th Cir.·
1974-12-09
·cited 38×
The court held that the appellant had standing to challenge the search of his companion for the possession count, but not for the importation count. The court also found the confession to be voluntary.
-
424 F.2d 1134·
7th Cir.·
1970-03-11
·cited 38×
The court held that the district court erred in striking allegations and refusing evidence regarding the plaintiff's involuntary confession and illegal detention, and in refusing several jury instructions. However, the dismissal of the City of Chicago was affirmed.
-
409 F.2d 1016·
2d Cir.·
1969-02-26
·cited 38×
The dissenting opinion argues that voluntary guilty pleas, entered on advice of counsel, waive all prior non-jurisdictional defects. It contends that the Supreme Court's decision in Jackson v. Denno, which requires hearings on the voluntariness of confessions used at trial, shoul
-
The court held that the trial court did not err in admitting evidence or in its jury instructions, and that the grand jury proceedings were not sufficiently tainted to warrant dismissal of the indictment.
-
374 F.2d 753·
7th Cir.·
1967-02-16
·cited 38×
The court held that a defendant's failure to object to the admissibility of a confession at trial waives the right to raise issues of voluntariness or Rule 5(a) violations on appeal, absent plain error or alerting circumstances.
-
353 F.2d 129·
8th Cir.·
1965-11-24
·cited 38×
The court affirmed the denial of the habeas corpus petition, finding no constitutional violations in jury selection, death penalty application, confession admission, or counsel representation.
-
796 F.2d 598·
3d Cir.·
1986-06-26
·cited 37×
The court held that the majority opinion failed to consider the totality of circumstances in determining the voluntariness of the confession, selectively using facts and ignoring evidence of coercion.
-
419 So. 2d 1058·
Fla.·
1982-09-14
·cited 37×
Rufus Stevens was convicted of first-degree murder in the robbery, kidnapping, rape, and murder of convenience store cashier Kathy Tolin. The Florida Supreme Court affirmed his conviction and death sentence, rejecting challenges to his confession, the admissibility of statements
-
532 F.2d 1150·
7th Cir.·
1976-04-05
·cited 37×
The court held that the defendant's letter contained a threat to injure, violating 18 U.S.C. § 876, and that his confession was voluntary despite inquiries about potential leniency.
-
281 F.2d 903·
9th Cir.·
1960-09-06
·cited 37×
The court held that the trial court did not err in denying the appellant's motion to suppress the confession, as the delay in arraignment did not violate Rule 5(a) under the specific facts presented.
-
115 So. 2d 769·
Fla. 3d DCA·
1959-11-30
·cited 37×
Jackson Hooper, a former Miami police officer, was convicted of first-degree arson after confessing to 15 arson crimes. The Florida Court of Appeal reversed the conviction, holding that the confessions were involuntarily obtained through threats of prosecution and promises of hel
-
116 So. 757·
Fla.·
1928-04-17
·cited 37×
The Florida Supreme Court affirmed the convictions of Berta Hall and Gordon Denmark for murder. Despite procedural issues with their appeals, the court reviewed the record and found no reversible error in the trial, upholding the jury's verdict.
-
459 F.3d 1217·
11th Cir.·
2006-08-11
·cited 36×
Richard Henyard was convicted in 1994 of carjacking Dorothy Lewis and her two children, murdering the children (Jasmine, age 3, and Jamilya, age 7), and raping and attempting to murder Dorothy Lewis. He was sentenced to death. On federal habeas review under 28 U.S.C. § 2254, Heny
-
876 So. 2d 614·
Fla. 4th DCA·
2004-06-16
·cited 36×
A Miranda warning that fails to expressly advise a suspect that she has the right to have counsel present during interrogation is facially inadequate, and the failure to give this warning renders a confession inadmissible even where the suspect understood her other rights and the
-
860 F.2d 769·
7th Cir.·
1988-10-14
·cited 36×
The court held that the defendant's statement was admissible as it was voluntarily given during a non-custodial interrogation, and that the jury instructions for the Hobbs Act and RICO charges were proper.
-
420 So. 2d 574·
Fla.·
1982-09-02
·cited 36×
Anderson appealed his conviction and death sentence for first-degree murder in Florida. The Florida Supreme Court vacated both the adjudication and sentence, holding that statements Anderson made to deputies violated his Sixth Amendment right to counsel and that his February stat
-
632 F.2d 910·
1st Cir.·
1980-09-30
·cited 36×
The court held that the defendant's statements were voluntary, evidence obtained from an unlawful search was admissible under independent source and inevitable discovery doctrines, the admission of the wife's statement was harmless error, but the special parole term for a conspir
-
631 F.2d 1309·
8th Cir.·
1980-08-15
·cited 36×
The court held that the seizure of narcotics was not justified under the plain view doctrine and that post-arrest statements were fruits of an unlawful arrest.