Involuntary Confession

• Involuntary Confession

An admission, especially by an individual who has been accused of a crime, that is not freely offered but rather is precipitated ...

• West's Encyclopedia of American Law
• Fri–Jam

• State v. Elliott, (Ohio 2011)

CRIMINAL LAW: involuntary confession, coercive tactics, totality of the circumstances, motion to suppress, mixed question of law and fact, confession, burglary, interrogation

• Ohio Supreme Court

• Maryland Court of Appeals Case Summaries: February 27, 2011

Criminal Procedure Confessions BOTTOM LINE: Where an interrogating officer implies that a suspect will be given special consideration in exchange for a confession and the suspect confesses in apparent reliance on that inducement, the confession is involuntary and inadmissible at trial unless the State proves the suspect did not rely on the officer's statement.

• The Daily Record (Baltimore)
• March 06, 2011

• Attorney: Question to Client Unfair ; Lawyer: Former Milton-Union Band Director's Alleged Confession Was Involuntary Statement.

TROY -- On Thursday, Feb. 14, a lawyer for a former Milton Union High School assistant marching band director accused of sexual misconduct with girls argued that Anthony Spahr's alleged confession was made in response to a "dirty trick" question posed by a sheriff's investigator. Christopher Bucio, attorney for Spahr, 28, also claimed in Miami County Common Pleas Court the question -- "Was the sex consensual?" -- was posed after Spahr had faced extensive interrogation, a situation that legally could make the statement involuntary. Judge Jeffrey Welbaum will rule on Bucio's motion to suppress Spahr's statements to Deputy Bryce Adams in early October. Bucio and Tony Kendell, assistant county prosecutor, will file written legal arguments in the next couple of weeks.

• Dayton Daily News
• February 20, 2008

• State v. Henry, (Ohio 2009)

Motion to suppress; custody; involuntary confession; ineffective assistance.

• Ohio Supreme Court

• Premo v. Moore, 562 U.S. 2011 (2011)

... in light of Moore’s other admissible confession to two witnesses. Counsel gave that as his reason ...-which involved the admission of an involuntary confession in violation of the Fifth Amendment-say...

• U.S. Supreme Court

• State v. Nelson, (Ohio 2008)

manifest weight; involuntary confession

• Ohio Supreme Court

• State v. Fille, (Ohio 2002)

Rape; R.C. 2907.02(B); involuntary confession; promises.

• Ohio Supreme Court

• In re Clemens, (Ohio 2002)

APPELLATE PROCEDURE - Delayed Appeal. JUVENILE - Juv.R. 22(D)(3); motion to suppress; involuntary confession; restitution; magistrate's decision; objections; Juv.R. 40. INEFFECTIVE ASSISTANCE OF COUNSEL - motion to suppress.

• Ohio Supreme Court

• State v. Tussing, (Ohio 2011)

The trial court did not err in overruling the defendant’s motion to suppress self-incriminating statements made to a polygraph examiner in the post-polygraph interview. Based on the totality of the circumstances, the statements of the polygraph examiner that he would personally recommend leniency in the form of probation and counseling did not constitute coercive police conduct to render the defendant’s confession involuntary. Accordingly, because we found that the defendant voluntarily made his confession to the polygraph examiner, we do not conclude that the second confession made to the Detective in an interview immediately following the post-polygraph interview should be excluded simply because it occurred in close proximity and time to the first interview.

• Ohio Supreme Court