JUREK

v.

ESTELLE, CORRECTIONS DIRECTOR

Citator

Cited By (110 total)

• Thompson v. State, 548 So. 2d 198 (Fla. 1989)
  …imitations, to determine whether through susceptibility to surrounding pressures or inability to comprehend the circumstances, the confession was not a product of his own free will. Jurek v. Estelle, 623 F. 2d 929, 937 (5th Cir.1980), cert. denied, 450 U.S. 1001, 101 S.Ct. 1709, 68 L.Ed.2d 203 (1981). One of the central concerns in this inquiry is “a mentally deficient accused’s vulnerability to suggestion.” Henry, 658 F. 2d at 409. We agree with this assessment. Florida case law holds that mental weakness…

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• Flanagan v. State, 586 So. 2d 1085 (Fla. 1st DCA 1991)
  …rule. Nevertheless, the different interpretations, discussed infra, still do not in my judgment permit admission of the type of response the physician elicited in this case. In United States v. Iron Shell, 633 F. 2d 77 (8th Cir.1980), cert. denied, 450 U.S. 1001, 101 S.Ct. 1709, 68 L.Ed.2d 203 (1981), the Eighth Circuit Court of Appeals held that the trial court properly admitted into evidence, pursuant to rule 803(4), hearsay statements given to an examining witness by a nine-year-old victim of a sexual as…
• Jackson v. State, 419 So. 2d 394 (Fla. 4th DCA 1982)
  …aused by the event or condition. The same arguments appellant makes in this case have been rejected in a number of federal cases which have applied the foregoing federal rule. United States v. Iron Shell, 633 F. 2d 77 (8th Cir. 1980), cert. denied, 450 U.S. 1001, 101 S.Ct. 1709, 68 L.Ed.2d 203 (1981) (nine-year-old girl’s statements to female police officer within one hour and fifteen minutes of attempted rape); United States v. Nick, 604 F. 2d 1199 (9th Cir. 1979) (three-year-old boy’s statement to his mot…