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11 Florida opinions name it 2 courts 1942–2004 0 in the last five years
The cases below were cited by Florida courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Leo Alexander Jones v. Richard L. Dugger, Secretary, Florida Department of Correctionsgreen1 sentence1998See Jones v. Dugger, 928 F.2d 1020, 1027 (11th Cir.1991). [3] Hammonds implicated Jones in statements he made to police on the morning of the arrest. | 1 | 1 |
Sikes v. Stategreen2 sentences1997For instance, in Sikes v. State, 313 So.2d 436 (Fla. 2d DCA 1975), the district court held that voluntary statements made to prison authorities by an incarcerated defendant are not subject to the Massiah rule, concluding, "We cannot expect prison guards to wear earplugs at all times while in the performance of their duties." Id. at 437. 1997For instance, in Sikes v. State, 313 So.2d 436 (Fla. 2d DCA 1975), the district court held that voluntary statements made to prison authorities by an incarcerated defendant are not subject to the Massiah rule, concluding, "We cannot expect prison guards to wear earplugs at all times while in the performance of their duties." Id. at 437. | 1 | 1 |
United States v. Jo Ann Williamsgreen1 sentence1981NOTES [1] His fingerprint was found at the scene of the offense. [2] Payton itself recognizes that Florida law was directly contrary to its conclusion. 445 U.S. at 575, 100 S.Ct. at 1374, 63 L.Ed.2d at 644. [3] For the same reason, it is at best highly doubtful that Florida courts are constitutionally free to adopt the theory advanced by thirteen judges of the fifth circuit in United States v. Williams, 622 F.2d 830, 840-47 (5th Cir.1980) (en banc), cert. denied, 449 U.S. 1127 , 101 S.Ct. 946 , 67 L.Ed.2d 114 (1981), that evidence which is objectively determined to have been unconstitutionally | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Miranda v. Arizona
green
2 sentences1990The confession was obtained in violation of Miranda v. Arizona, 384 U.S. 436 , 86 S.Ct. 1602 , 16 L.Ed.2d 694 (1966); the trial court, therefore, erred in denying W.H.’s motion to suppress. 1990The confession was obtained in violation of Miranda v. Arizona, 384 U.S. 436 , 86 S.Ct. 1602 , 16 L.Ed.2d 694 (1966); the trial court, therefore, erred in denying W.H.’s motion to suppress. | 3 | 1968–1990 |
Edwards v. Arizona
green
2 sentences2004Id. at 480 , 101 S.Ct. 1880 . 2004Id. at 480 , 101 S.Ct. 1880 . | 1 | 2004–2004 |
Jones v. State
green
1 sentence1998NOTES [1] Jones was the petitioner in Jones v. State, 701 So.2d 76 (Fla.1997), petition for cert. filed, (U.S. Jan. 20, 1998) (No. 97-7646), wherein this Court found that the electric chair, in its present condition, does not constitute cruel or unusual punishment. [2] Jones was also denied federal habeas relief on his claim that the confession was obtained in violation of his Sixth Amendment right to counsel. | 1 | 1998–1998 |
Miller v. Fenton
green
2 sentences1997As we recently stated in Miller v. Fenton, 474 U.S. 104, 109-110 , 106 S.Ct. 445, 448-449 , 88 L.Ed.2d 405 (1985): "This Court has long held that certain interrogation techniques, either in isolation or as applied to the unique characteristics of a particular suspect, are so offensive to a civilized system of justice that they must be condemned under the Due Process Clause of the Fourteenth Amendment.... 1997As we recently stated in Miller v. Fenton, 474 U.S. 104, 109-110 , 106 S.Ct. 445, 448-449 , 88 L.Ed.2d 405 (1985): "This Court has long held that certain interrogation techniques, either in isolation or as applied to the unique characteristics of a particular suspect, are so offensive to a civilized system of justice that they must be condemned under the Due Process Clause of the Fourteenth Amendment.... | 1 | 1997–1997 |
State v. Williams
neutral
1 sentence1995Although the defendant has made a compelling case to the contrary and our original opinion in the cause concluded that the confession was obtained in violation of the Miranda standards, we agree with the state on rehearing that our prior decision in State v. Williams, 434 So.2d 967 (Fla. 3d DCA 1983), is indistinguishable from the instant case and compels the conclusion that the confession herein was obtained in compliance with Miranda and was otherwise freely and voluntarily given. | 1 | 1995–1995 |
Dunaway v. New York
green
2 sentences1981Because I find the confession was obtained in violation of Thomas' right to be secure from an unreasonable seizure and that the taint of illegality spread without interruption by intervening events, Dunaway v. New York, 442 U.S. 200 , 99 S.Ct. 2248 , 60 L.Ed.2d 824 (1979), I would affirm the trial court's suppression of the confession as well as of the evidence. 1981Because I find the confession was obtained in violation of Thomas' right to be secure from an unreasonable seizure and that the taint of illegality spread without interruption by intervening events, Dunaway v. New York, 442 U.S. 200 , 99 S.Ct. 2248 , 60 L.Ed.2d 824 (1979), I would affirm the trial court's suppression of the confession as well as of the evidence. | 1 | 1981–1981 |
Hill v. United States
green
1 sentence1981NOTES [1] His fingerprint was found at the scene of the offense. [2] Payton itself recognizes that Florida law was directly contrary to its conclusion. 445 U.S. at 575, 100 S.Ct. at 1374, 63 L.Ed.2d at 644. [3] For the same reason, it is at best highly doubtful that Florida courts are constitutionally free to adopt the theory advanced by thirteen judges of the fifth circuit in United States v. Williams, 622 F.2d 830, 840-47 (5th Cir.1980) (en banc), cert. denied, 449 U.S. 1127 , 101 S.Ct. 946 , 67 L.Ed.2d 114 (1981), that evidence which is objectively determined to have been unconstitutionally | 1 | 1981–1981 |
Farmer v. Bordenkircher
green
1 sentence1981NOTES [1] His fingerprint was found at the scene of the offense. [2] Payton itself recognizes that Florida law was directly contrary to its conclusion. 445 U.S. at 575, 100 S.Ct. at 1374, 63 L.Ed.2d at 644. [3] For the same reason, it is at best highly doubtful that Florida courts are constitutionally free to adopt the theory advanced by thirteen judges of the fifth circuit in United States v. Williams, 622 F.2d 830, 840-47 (5th Cir.1980) (en banc), cert. denied, 449 U.S. 1127 , 101 S.Ct. 946 , 67 L.Ed.2d 114 (1981), that evidence which is objectively determined to have been unconstitutionally | 1 | 1981–1981 |
Pope v. United States
green
1 sentence1981NOTES [1] His fingerprint was found at the scene of the offense. [2] Payton itself recognizes that Florida law was directly contrary to its conclusion. 445 U.S. at 575, 100 S.Ct. at 1374, 63 L.Ed.2d at 644. [3] For the same reason, it is at best highly doubtful that Florida courts are constitutionally free to adopt the theory advanced by thirteen judges of the fifth circuit in United States v. Williams, 622 F.2d 830, 840-47 (5th Cir.1980) (en banc), cert. denied, 449 U.S. 1127 , 101 S.Ct. 946 , 67 L.Ed.2d 114 (1981), that evidence which is objectively determined to have been unconstitutionally | 1 | 1981–1981 |
Escobedo v. Illinois
green
2 sentences1966The substance of appellant's petition charging that his confession was obtained in an illegal and unlawful manner was a claim that the confession was obtained in violation of the principles expressed in Escobedo v. State of Illinois, 378 U.S. 478 , 84 S.Ct. 1758 , 12 L.Ed.2d 977 . 1966The substance of appellant's petition charging that his confession was obtained in an illegal and unlawful manner was a claim that the confession was obtained in violation of the principles expressed in Escobedo v. State of Illinois, 378 U.S. 478 , 84 S.Ct. 1758 , 12 L.Ed.2d 977 . | 1 | 1966–1966 |
Chambers v. Florida
green
2 sentences1942There were several of them on his body.'" The Court held that the confession was obtained in violation of the due process clause of the Fourteenth Amendment and said (text 62 S.Ct. p. 1143 ): "This Court has set aside convictions based upon confessions extorted from ignorant persons who have been subjected to persistent and protracted questioning, or who have been threatened with mob violence, or who have been unlawfully held incommunicado without advice of friends or counsel, or *Page 93 who have been taken at night to lonely and isolated places for questioning . . ." In the case of Chambers 1942There were several of them on his body.'" The Court held that the confession was obtained in violation of the due process clause of the Fourteenth Amendment and said (text 62 S.Ct. p. 1143 ): "This Court has set aside convictions based upon confessions extorted from ignorant persons who have been subjected to persistent and protracted questioning, or who have been threatened with mob violence, or who have been unlawfully held incommunicado without advice of friends or counsel, or *Page 93 who have been taken at night to lonely and isolated places for questioning . . ." In the case of Chambers | 1 | 1942–1942 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.