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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.