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Brown v. Illinois, No. 73-6650 (U.S. Supreme Court) (422 U.S. 590; 95 S.Ct. 2254) (June 26, 1975) (Justice Blackmun)

Article • September 17, 2004

Filed under: Punch And Jurists, Voluntary Nature/Voluntariness

Brown v. Illinois, No. 73-6650 (U.S. Supreme Court) (422 U.S. 590; 95 S.Ct. 2254) (June 26, 1975) (Justice Blackmun) by In this case the Supreme Court observed the dual purposes behind application of the exclusionary rule to a suspect's statement made following a Fourth Amendment violation. Here, the police made …

Lego v. Twomey, No. 70-5037 (U.S. Supreme Court) (404 U.S. 477; 92 S.Ct. 619) (January 12, 1972) (Justice White)

Article • December 9, 2003

Filed under: Punch And Jurists, Voluntary Nature/Voluntariness

Lego v. Twomey, No. 70-5037 (U.S. Supreme Court) (404 U.S. 477; 92 S.Ct. 619) (January 12, 1972) (Justice White) by Petitioner inmate challenged the decision of the United States Court of Appeals for the Seventh Circuit, which denied his petition for a writ of habeas corpus. The inmate maintained that …

Gallegos v. Colorado, No. 475 (U.S. Supreme Court) (370 U.S. 49; 82 S.Ct. 1209) (June 4, 2062) (Justice Douglas)

Article • October 30, 2002

Filed under: Punch And Jurists, Voluntary Nature/Voluntariness

Gallegos v. Colorado, No. 475 (U.S. Supreme Court) (370 U.S. 49; 82 S.Ct. 1209) (June 4, 2062) (Justice Douglas) by Here the court vacated the conviction of a 14-year old boy who confessed to an assault immediately on arrest, on the gounds that his formal confession was not voluntary but …

Mincey v. Arizona, No. 77-5353 (U.S. Supreme Court) (437 U.S. 385; 98 S.Ct. 2408) (June 21, 1978) (Justice Stewart)

Article • August 7, 2002

Filed under: Punch And Jurists, Voluntary Nature/Voluntariness

Mincey v. Arizona, No. 77-5353 (U.S. Supreme Court) (437 U.S. 385; 98 S.Ct. 2408) (June 21, 1978) (Justice Stewart) by In this case the police conducted a warrantless, four-day search of the apartment where the defendant had killed a police officer. In the evening of the same day as the …

Jackson v. Denno, No. 62 (U.S. Supreme Court) (378 U.S. 368; 84 S.Ct. 1774) (June 22, 2064) (Justice White)

Article • July 19, 2002

Filed under: Punch And Jurists, Voluntary Nature/Voluntariness

Jackson v. Denno, No. 62 (U.S. Supreme Court) (378 U.S. 368; 84 S.Ct. 1774) (June 22, 2064) (Justice White) by Here the Court held that when the voluntariness of a confession is at issue there must be a procedure adopted which provides "a reliable and clearcut determination of . . …

Hutto v. Ross, No. 75-1726 (U.S. Supreme Court) (429 U.S. 28; 97 S.Ct. 202) (November 1, 1976) (Per Curiam)

Article • October 3, 2000

Filed under: Punch And Jurists, Voluntary Nature/Voluntariness

Hutto v. Ross, No. 75-1726 (U.S. Supreme Court) (429 U.S. 28; 97 S.Ct. 202) (November 1, 1976) (Per Curiam) by Here the Court held that respondent's confession was not per se inadmissible as being involuntary merely because it was made as a result of an agreed-upon but unexecuted plea bargain …

U.S. v. Santo, No. 99-1899 (1st Cir.) (225 F.3d 92) (September 15, 2000) (Judge Levin H. Campbell)

Article • October 1, 2000 • from P&J October, 2000

Filed under: Punch And Jurists, Voluntary Nature/Voluntariness

U.S. v. Santo, No. 99-1899 (1st Cir.) (225 F.3d 92) (September 15, 2000) (Judge Levin H. Campbell) by Here the Court held that a district court's understatement of the mimumum mandatory sentence at the plea colloquy violated the provisions of Rule 11(c)(1), rendered the plea involuntary, and affected the defemndant's …

Harrison v. U.S., No. 876 (U.S. Supreme Court) (392 U.S. 219; 88 S.Ct. 2008) (June 10, 2068) (Justice Stewart)

Article • July 2, 2000

Filed under: Punch And Jurists, Voluntary Nature/Voluntariness

Harrison v. U.S., No. 876 (U.S. Supreme Court) (392 U.S. 219; 88 S.Ct. 2008) (June 10, 2068) (Justice Stewart) by In allocating the burden of proof, the Court reasoned, "having 'released the spring' by using the petitioner's unlawfully obtained confessions against him, the Government must show that its illegal action …

U.S. v. Pelullo, No. 98-1527 (3rd Cir.) (173 F.3d 131) (March 18, 1999) (Judge Edward R. Becker)

Article • May 1, 1999 • from P&J May, 1999

Filed under: Punch And Jurists, Voluntary Nature/Voluntariness

U.S. v. Pelullo, No. 98-1527 (3rd Cir.) (173 F.3d 131) (March 18, 1999) (Judge Edward R. Becker) by On this fourth appeal from a RICO conviction, the Court held that the district court did not err in finding that the defendant's testimony at his first trial was not corrupted by …

Shotwell Mfgr. Co. v. U.S., No. 16 (U.S. Supreme Court) (371 U.S. 341; 83 S.Ct. 448) (January 14, 2063) (Justice Harlan)

Article • September 15, 1998

Filed under: Punch And Jurists, Voluntary Nature/Voluntariness

Shotwell Mfgr. Co. v. U.S., No. 16 (U.S. Supreme Court) (371 U.S. 341; 83 S.Ct. 448) (January 14, 2063) (Justice Harlan) by Although the Court held that, under the Fifth Amendment, evidence of guilt induced by a government promise of immunity is coerced evidence and may not be used against …

U.S. v. Erving L., No. 97-2256 (10th Cir.) (147 F.3d 1240) (June 26, 1998) (Judge Michael R. Murphy)

Article • August 1, 1998 • from P&J August, 1998

Filed under: Punch And Jurists, Voluntary Nature/Voluntariness

U.S. v. Erving L., No. 97-2256 (10th Cir.) (147 F.3d 1240) (June 26, 1998) (Judge Michael R. Murphy) by This revealing decision is one of a number of recent rulings that have emphasized the growing evolutionary changes in the judicial view of the concept of "voluntariness" in confessions. Historically, the …

U.S. v. Erving L., No. 97-2256 (10th Cir.) (147 F.3d 1240) (June 26, 1998) (Judge Michael R. Murphy)

Article • August 1, 1998 • from P&J August, 1998

Filed under: Punch And Jurists, Voluntary Nature/Voluntariness

U.S. v. Erving L., No. 97-2256 (10th Cir.) (147 F.3d 1240) (June 26, 1998) (Judge Michael R. Murphy) by QUOTE OF THE WEEK - The changing standards for determining whether a confession is free and voluntary. "[A] confession, in order to be admissible, must be free and voluntary: that is, …

U.S. v. Gigot, No. 97-3117 (10th Cir.) (147 F.3d 1193) (May 21, 1998) (Judge Stephanie K. Seymour)

Article • August 1, 1998 • from P&J August, 1998

Filed under: Punch And Jurists, Voluntary Nature/Voluntariness

U.S. v. Gigot, No. 97-3117 (10th Cir.) (147 F.3d 1193) (May 21, 1998) (Judge Stephanie K. Seymour) by Case held that the district court's failure to inform the defendant of the elements of the charges against her and the possible penalties during the plea colloquy rendered the plea involuntary, and …

U.S. v. Byram, No. 97-2273 (1st Cir.) (145 F.3d 405) (May 20, 1998) (Judge Michael Boudin)

Article • August 1, 1998 • from P&J August, 1998

Filed under: Punch And Jurists, Voluntary Nature/Voluntariness

U.S. v. Byram, No. 97-2273 (1st Cir.) (145 F.3d 405) (May 20, 1998) (Judge Michael Boudin) by The Court noted that: "Historically, the requirement that admissible confessions be 'voluntary' reflected a variety of value; these included deterring coercion, assuring reliability of confessions, and protecting the suspect's free choice whether to …

U.S. v. Braxton, No. 96-4242 (4th Cir.) (112 F.3d 777) (May 6, 1997) (Judge Karen J. Williams)

Article • June 1, 1997 • from P&J June, 1997

Filed under: Punch And Jurists, Voluntary Nature/Voluntariness

U.S. v. Braxton, No. 96-4242 (4th Cir.) (112 F.3d 777) (May 6, 1997) (Judge Karen J. Williams) by The Government appealed from an order of Judge Hallanan, in which she granted a defense motion to suppress a statement given by the defendant to law enforcement officials. She ruled that the …

Nickel v. Hannigan, No. 94-3417 (10th Cir.) (97 F.3d 403) (September 30, 1996) (Judge Robert H. Henry)

Article • November 1, 1996 • from P&J November, 1996

Filed under: Punch And Jurists, Voluntary Nature/Voluntariness

Nickel v. Hannigan, No. 94-3417 (10th Cir.) (97 F.3d 403) (September 30, 1996) (Judge Robert H. Henry) by Case held that even where a defendant is mentally impaired and the officer was aware of the impairment, a confession will be suppressed as involuntary only if the officers use coercive measures …

U.S. v. Anderson, No. 90-1741, No. 1135 (2nd Cir.) (929 F.2d 96) (April 2, 1991) (Judge Richard J. Cardamone)

Article • January 1, 1994

Filed under: Punch And Jurists, Voluntary Nature/Voluntariness

U.S. v. Anderson, No. 90-1741, No. 1135 (2nd Cir.) (929 F.2d 96) (April 2, 1991) (Judge Richard J. Cardamone) by Here the Court held that the mere fact that a defendant had numerous prior arrests, making him no stranger to the legal system, did not necessarily support the Government's contention …

U.S. v. Contreras-Del Toro, No. Crim. No. L-95-52 (S.D.Tex.) (892 F.Supp. 159) (April 7, 1995) (Judge George P. Kazen)

Article • January 1, 1994

Filed under: Punch And Jurists, Voluntary Nature/Voluntariness

U.S. v. Contreras-Del Toro, No. Crim. No. L-95-52 (S.D.Tex.) (892 F.Supp. 159) (April 7, 1995) (Judge George P. Kazen) by Miles v. Dorsey, 61 F.3d 1459 (10th Cir. 1995) United States v. Contreras-Del Toro, 892 F.Supp. 159 (S.D.Tex. 1995) Here are two cases that deal with the myth that guilty …

U.S. v. Contreras-Del Toro, No. Crim. No. L-95-52 (S.D.Tex.) (892 F.Supp. 159) (April 7, 1995) (Judge George P. Kazen)

Article • January 1, 1994

Filed under: Punch And Jurists, Voluntary Nature/Voluntariness

U.S. v. Contreras-Del Toro, No. Crim. No. L-95-52 (S.D.Tex.) (892 F.Supp. 159) (April 7, 1995) (Judge George P. Kazen) by Miles v. Dorsey, 61 F.3d 1459 (10th Cir. 1995) United States v. Contreras-Del Toro, 892 F.Supp. 159 (S.D.Tex. 1995) Here are two cases that deal with the myth that guilty …