Legal Opinion

Holly v. State

District Court of Appeal of Florida

Decided February 3, 1995No. 94-842Published

1Opinion of the Court

DAUKSCH, Judge.

This is an appeal from a conviction and sentence in an arson case. Appellant challenges the trial court’s finding that his confession to the crime was not coerced and voluntary. While there is no question the police lied to this appellant, kept him under questioning for some four hours, with intermittent breaks, and promised, untruthfully, to help find the murderer of his father, the decision of the trial judge, under all the circumstances of this case, is presumed correct. It will not be reversed. McNamara v. State, 357 So.2d 410 (Fla.1978).

This sentence raises the first…

2Cases cited12 opinions

  1. McNamara v. StateSupreme Court of Florida · 1978
  2. Tibero v. StateDistrict Court of Appeal of Florida · 1994
  3. Botts v. StateDistrict Court of Appeal of Florida · 1994
  4. Eckenrode v. StateDistrict Court of Appeal of Florida · 1994
  5. Watson v. StateDistrict Court of Appeal of Florida · 1994

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