· 12/15/1988
Frank Andrew McCall v. Michael Dutton and W.J. Michael Cody
Citations
- 863 F.2d 454
- 1988 U.S. App. LEXIS 17040
- 1988 WL 132682
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that \proof of police coercion is a threshold requirement\
- “it is noteworthy that [the defendant’s] denials were consistently exculpatory and he persistently identified [another] as the individual who shot and killed [the victim]”
- the absence of Miranda warnings is one factor to be considered in assessing the voluntariness of a confession
- \This court must presume that state court subsidiary findings of historical fact are correct\
- defendant failed to prove that his will was overborne where defendant had a college education and displayed mental acuity prior to interrogation by driving a number of miles down a winding road
- display of weapons during interrogation, absent evidence that it was intended to extort a confession from accused was not coercive; shouting and confusion at time of arrest did not by itself constitute coercion
Source: CourtListener parenthetical corpus (CC0).
Judges: Krupansky, Guy, Meredith
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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