Arizona v. Fulminante

Infobox SCOTUS case
Litigants=Arizona v. Fulminante
ArgueDate=October 10
ArgueYear=1990
DecideDate=March 26
DecideYear=1991
FullName=Arizona v. Fulminante
USVol=499
USPage=279
Citation=
Prior=161 Ariz. 237, 778 P.2d 602
Subsequent=
Holding=The harmless error rule is applicable to the admission of involuntary confessions. Violations of this rule are grounds for granting the defendant a new trial.
SCOTUS=1990-1991
Majority=White (Parts I, II, and IV)
JoinMajority=Marshall, Blackmun, Stevens, Scalia (Parts I and II only), Kennedy (Parts I and IV only)
Majority2=Rehnquist (Part II)
JoinMajority2=O'Connor, Scalia, Kennedy, Souter
Concurrence=Kennedy (concurring in the court's judgement)
JoinConcurrence=
Concurrence2=
JoinConcurrence2=
Concurrence/Dissent=
JoinConcurrence/Dissent=
Dissent=White (Part III)
JoinDissent=Marshall, Blackmun, Stevens
Dissent2=Rehnquist (Parts I and III)
JoinDissent2=O'Connor, Scalia (Part III only), Kennedy and Souter (Part I only)
LawsApplied=U.S. Const. amend. V and XIV

"Arizona v. Fulminante" ussc|499|279|1991 was a decision issued by the United States Supreme Court clarifying the standard of review of a criminal defendant's allegedly coerced confession.

In 1982, the 11-year-old stepdaughter of one Oreste Fulminante was murdered in Arizona. Later, Fulminante was incarcerated for an unrelated crime. While in prison, Fulminante met Anthony Sarivola, a fellow inmate, who was also a confidential informant for the Federal Bureau of Investigation. Sarivola offered Fulminante protection from "tough treatment" in prison in exchange for a confession to the murder of Fulminante's stepdaughter. Fulminante agreed, confessing to Sarivola that he murdered his stepdaughter. As a result, Fulminante was charged with the murder, and his confession to Sarivola was used against him at trial.

The trial court denied Fulminante's motion to suppress the confession on the basis that it was coerced because Fulminante might have been subject to violence in prison had he not confessed. Fulminante was convicted and sentenced to death, and appealed to the Arizona Supreme Court, which held that the confession was indeed coerced. Reasoning that a harmless error analysis was inappropriate in the case of involuntary confessions, the court nonetheless ordered a new trial.

In a divided opinion, the United States Supreme Court held that the state supreme court's finding that Fulminante might have been subjected to violence was sufficient to establish a finding of coercion, and therefore affirmed the reversal. In addition, the Court held that a harmless error analysis should nonetheless be applied to any allegedly coerced confession. In either case, the Court held that a new trial was warranted.

ee also

* List of United States Supreme Court cases, volume 499
*"Chapman v. California", ussc|386|18|1967

Further reading

* cite journal | last = Cenicola | first = J. | authorlink = | coauthors = | year = 1992 | month = | title = "Arizona v. Fulminante": Accusation of Inquisition | journal = New England Law Review | volume = 27 | issue = | pages = 383 | id = | url = | quote =
* cite journal | last = Ganong | first = Elizabeth A. | authorlink = | coauthors = | year = 1991 | month = | title = Involuntary Confessions and the Jailhouse Informant: An Examination of "Arizona v. Fulminante" | journal = Hastings Constitutional Law Quarterly | volume = 19 | issue = | pages = 911 | id = | url = | quote =
* cite journal | last = Kassin | first = Saul M. | authorlink = | coauthors = Neumann, Katherine | year = 1997 | month = | title = On the Power of Confession Evidence: An Experimental Test of the Fundamental Difference Hypothesis | journal = Law and Human Behavior | volume = 21 | issue = 5 | pages = 469–484 | doi = 10.1023/A:1024871622490 | url = | quote =
* cite journal | last = Ogletree | first = Charles J., Jr. | authorlink = | coauthors = | year = 1991 | month = | title = "Arizona v. Fulminante": The Harm of Applying Harmless Error to Coerced Confessions | journal = Harvard Law Review | volume = 105 | issue = | pages = 152 | id = | url = | quote =

External links

* [http://straylight.law.cornell.edu/supct/html/89-839.ZO.html Text of decision at Cornell Law School's Legal Information Institute]