LYNAUGH, DIRECTOR, TEXAS DEPARTMENT OF CORRECTIONS

v.

CORDOVA

Citator

Cited By (28 total)

• Booker v. State, 773 So. 2d 1079 (Fla. 2000)
  …or otherwise participated in— numerous proceedings in both state and federal court.2 Several of those proceedings are of particular relevance to the present proceedings. Specifically, in Booker v. Dugger, 520 So. 2d 246, 247-49 (Fla.), cert. denied, 486 U.S. 1061, 108 S.Ct. 2834, 100 L.Ed.2d 935 (1988), this Court found that the trial court’s penalty phase jury instruction regarding mitigating circumstances was erroneous in light of the U.S. Supreme Court’s 1987 decision in Hitchcock, but a majority of this…
• Rondale Voncha Carter v. State, 697 So. 2d 529 (Fla. 1st DCA 1997)
  …), cert. den., 454 U.S. 882, 102 S.Ct. 369, 70 L.Ed.2d 195 (1981); Brewer v. State, 386 So. 2d 232 (Fla.1980). A valid waiver of Miranda rights must be knowingly and intelligently made. Miller v. Dugger, 838 F. 2d 1530, 1538 (11th Cir.), cert. den., 486 U.S. 1061, 108 S.Ct. 2832, 100 L.Ed.2d 933 (1988). It is the State’s burden to show by a preponderance of the evidence “that the confession was freely and voluntarily given and that the rights of the accused were knowingly and intelligently waived.” State v.…
• United States v. Mendoza-Cecelia, 963 F.2d 1467 (11th Cir. 1992)
  …iolation of the Fifth Amendment. Thus under the “fruit of the poisonous tree doctrine” Greenberg's second confession cannot trigger the exclusion of his final admission of guilt. See Miller v. Dugger, 838 F. 2d 1530, 1537 (11th Cir.), cert. denied, 486 U.S. 1061, 108 S.Ct. 2832, 100 L.Ed.2d 933 (1988). Greenberg counters that his confession to the Customs official was in fact a product of coercion and thus in violation of the Fifth Amendment. Specifically, he argues that the Customs official threatened his…