United States v. Frazier, 29201.
| Decision Date | 02 December 1970 |
| Docket Number | No. 29201.,29201. |
| Parties | UNITED STATES of America, Plaintiff-Appellee, v. Johnny Lamar FRAZIER, Defendant-Appellant. |
| Court | U.S. Court of Appeals — Fifth Circuit |
Fred G. Helmsing, Mobile, Ala. (court-appointed), for defendant-appellant.
C. S. White-Spunner, Jr., U. S. Atty., Irwin W. Coleman, Jr., Asst. U. S. Atty., Mobile, Ala., for plaintiff-appellee.
Before RIVES, WISDOM and GODBOLD, Circuit Judges.
This is an appeal from conviction by a jury on two counts under the Dyer Act, 18 U.S.C. § 2312.
Appellant asserts that before offering his confession the government was required, but failed, to introduce independent evidence sufficient to prove the corpus delicti. It is now established that the corroborative evidence independent of the confession need not be sufficient to establish the corpus delicti but must be Opper v. United States, 348 U.S. 84, 93, 75 S.Ct. 158, 164, 99 L.Ed. 101, 109 (1954). See also: Smith v. United States, 348 U.S. 147, 75 S.Ct. 194, 99 L.Ed. 192 (1954); Moll v. United States, 413 F.2d 1233 (5th Cir. 1969).1 The standards of these cases were met in this instance. The dates and places of the thefts, as testified to by the owners, were consistent with the confession. The disposition of the two vehicles, as described by appellant, connected them up with the individual from whom innocent purchasers bought the vehicles identified as those stolen. There were other corroborating details as well.
Frazier's confession was not involuntary by reason of the single fact that the FBI agents told him that if he cooperated with them his cooperation would be made known to the United States Attorney, that there might be some consideration given by the United States Attorney but that the agents could make no promises. Standing alone this was not sufficient to establish that appellant's in-custody statement was involuntary. United States v. Ferrara, 377 F.2d 16 (2d Cir. 1967); Fernandez-Delgado v. United States, 368 F.2d 34 (9th Cir. 1966).
On the issue of voluntariness, the appellant was given an FBI waiver of rights form at the first...
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United States v. Bailey
...admissibility is not affected by our holding today." 384 U.S. at 478, 86 S.Ct. at 1630, 16 L.Ed. 2d at 726. See also United States v. Frazier, 5 Cir.1970, 434 F.2d 994; Posey v. United States, 5 Cir.1969, 416 F.2d 545, cert. denied, 1970, 397 U.S. 946, 90 S.Ct. 965, 25 L.Ed.2d The second sp......
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People v. Carigon
...informed of his cooperation, but where the officers did not tell defendant that this would lead to lenient treatment. United States v. Frazier, 434 F.2d 994 (CA 5, 1970); United States v. Springer, 460 F.2d 1344 (CA 7, 1972); United States v. Curtis, 562 F.2d 1153 (CA 9, 1977); United State......
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...v. Curtis, 562 F.2d 1153, 1154 (9th Cir. 1977), cert. denied, --- U.S. ----, 99 S.Ct. 279, 58 L.Ed.2d 256 (1978); United States v. Frazier, 434 F.2d 994 (5th Cir. 1970); Fernandez-Delgado v. United States, 368 F.2d 34 (9th Cir. 1966); Burton v. Cox, 312 F.Supp. 264 (W.D.Va.1970); People v. ......
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State v. Pacheco
...to render the confession involuntary. Id. at 469. Similar reasoning has been applied by Courts of Appeal in United States v. Frazier, 434 F.2d 994, 995-96 (5th Cir.1970) (the fact of cooperation would be made known to the United States attorney and that some consideration might be given the......
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Suppressing involuntary confessions
...States v. Fera , 616 F.2d 590, 594-95 (1st Cir. 1980); United States v. Glasgow , 451 F.2d 557 (9th Cir. 1971); United States v. Frazier , 434 F.2d 994 (5th Cir. 1970); United States v. Roman-Zarate , 115 F.3d 778 (10th Cir. 1997). Truthful promises of leniency do not render a confession in......
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Suppressing involuntary confessions
...States v. Fera , 616 F.2d 590, 594-95 (1st Cir. 1980); United States v. Glasgow , 451 F.2d 557 (9th Cir. 1971); United States v. Frazier , 434 F.2d 994 (5th Cir. 1970); United States v. Roman-Zarate , 115 F.3d 778 (10th Cir. 1997). Truthful promises of leniency do not render a confession in......
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Suppressing Involuntary Confessions
...States v. Fera , 616 F.2d 590, 594-95 (1st Cir. 1980); United States v. Glasgow , 451 F.2d 557 (9th Cir. 1971); United States v. Frazier , 434 F.2d 994 (5th Cir. 1970); United States v. Roman-Zarate , 115 F.3d 778 (10th Cir. 1997). Truthful promises of leniency do not render a confession in......
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Suppressing Involuntary Confessions
...States v. Fera , 616 F.2d 590, 594-95 (1st Cir. 1980); United States v. Glasgow , 451 F.2d 557 (9th Cir. 1971); United States v. Frazier , 434 F.2d 994 (5th Cir. 1970); United States v. Roman-Zarate , 115 F.3d 778 (10th Cir. 1997). Truthful promises of leniency do not render a confession in......