green
Positive treatment
Quoted verbatim 1×
6.6 score
“a custodial statement is involuntary, if the will of the defendant ha been overborne so that the statement not his free and voluntary act . . . in light of the totality of the circumstances.”
Treatment trajectory · 1987 → 2026 · click a year to view as-of
1987
2006
2026
Top citers, strongest first. 8 distinct citers.
How cited ↗
examined
Cited as authority (quoted)
State v. Knapp
(2×)
a custodial statement is involuntary, if the will of the defendant ha been overborne so that the statement not his free and voluntary act . . . in light of the totality of the circumstances.
discussed
Cited "see"
Commonwealth v. Leahy
Accord Bryant v. Vose, 785 F.2d 364, 367-368 (1st Cir.), cert. denied, 477 U.S. 907 (1986) (rejecting similar voluntariness claim because there was “no evidence ... of any promise by the [police] Chief” and emphasizing that “[a]ny indirect promise to be inferred from the . . . remark is so slight as to be insignificant. . .”). 5 Due process requires a separate inquiry into the voluntariness of a statement, apart from the Miranda waiver.
cited
Cited "see"
United States v. Barnett
See Bryant v. Vose, 785 F.2d 364, 366-68 (1st Cir.1986), cert. denied, 477 U.S. 907 , 106 S.Ct. 3281 , 91 L.Ed.2d 570 , reh’g denied, 478 U.S. 1032 , 107 S.Ct. 15 , 92 L.Ed.2d 769 .
cited
Cited "see"
United States v. Kline
See generally Bryant v. Vose, 785 F.2d 364, 367 (1st Cir.), cert. denied, 477 U.S. 907, 106 S.Ct. 3281 , 91 L.Ed.2d 570 (1986).
discussed
Cited "see"
Mayfield v. Maloney
Id. at 112, 117, 106 S.Ct. at 450, 453; accord Bryant v. Vose, 785 F.2d 364, 367 (1st Cir.1986), cert. denied, 477 U.S. 907, 106 S.Ct. 3281 , 91 L.Ed.2d 570 (1986), reh’g denied, 478 U.S. 1032 , 107 S.Ct. 15 , 92 L.Ed.2d 769 (1986).
discussed
Cited "see"
Harold C. Medeiros v. Edwin Shimoda, Administrator, Oahu Community Correctional Center Corinne K.A. Watanabe, Attorney General of the State of Hawaii
(2×)
See Bryant v. Vose, 785 F.2d 364 (1st Cir.), cert. denied, 477 U.S. 907 , 106 S.Ct. 3281 , 91 L.Ed.2d 570 (1986); Stawicki v. Israel, 778 F.2d 380 (7th Cir.1985), cert. denied, 479 U.S. 842 , 107 S.Ct. 150 , 93 L.Ed.2d 91 (1986); Martin v. Wainwright, 770 F.2d 918 (1985), modified, 781 F.2d 185 (11th Cir.), cert. denied, 479 U.S. 909 , 107 S.Ct. 307 , 93 L.Ed.2d 281 (1986) 8 Wauneka's characterization of Elstad as a case which did not make a clear break with the past, although made in the context of a case on direct review, applies to all cases.
discussed
Cited "see, e.g."
State v. Bradshaw
See, e.g., Bryant v. Vose, 785 F.2d 364, 368 (1st Cir.), cert. denied, 477 U.S. 907 , 106 S.Ct. 3281 , 91 L.Ed.2d 570 (1986) (confession voluntary even if motivated by police chiefs observations that triggered emotional response of sorrow and remorse in suspect); United States v. Rojas-Martinez, 968 F.2d 415, 418 (5th Cir.), cert. denied sub norm., Michel v. United States, — U.S. -, 113 S.Ct. 828 , 121 L.Ed.2d 698 (1992), cert. denied sub worn., Casas-Acevedo v. United States, — U.S. -, 113 S.Ct. 995 , 122 L.Ed.2d 146 (1993) (“[ejxpressions of sympathy by an officer are not [impermissibl…
discussed
Cited "see, e.g."
United States v. Wilfred J. Hart A/K/A \Jay Hart
See also Bryant v. Vose, 785 F.2d 364, 369 (1st Cir.) (In light of other evidence, defense counsel’s failure to call witness did not create “ ‘reasonable probability’ ” that jury’s conclusion would have been different.) (quoting Strickland, supra, 466 U.S. at 694 , 104 S.Ct. at 2068 ), cert. denied, 477 U.S. 907 , 106 S.Ct. 3281 , 91 L.Ed.2d 570 (1986); United States v. Bosch, 584 F.2d 1113, 1121 (1st Cir.1978) (endorsing reasonably competent standard as guaranteeing effective, not errorless, representation).
Retrieving the full opinion text from the archive…
Boag
v.
Ricketts, Director, Arizona Department of Corrections
v.
Ricketts, Director, Arizona Department of Corrections
No. 85-6667.
Supreme Court of the United States.
Jun 23, 1986.
Published
Citer courts: Wisconsin Supreme Court (2)
C. A. 9th Cir. Certiorari denied.