CITY OF MIAMI ET AL., APPELLANTS,

v.

JOSEPH H. BUTCHER ET AL., APPELLEES

Citator

Cited By

• Sessums v. State, 404 So. 2d 1074 (Fla. 3d DCA 1981)
  …ed, 379 So. 2d 209 (Fla.1979); Tosta [*1076] v. State, 352 So. 2d 526 (Fla. 4th DCA 1977), cert. denied, 366 So. 2d 885 (Fla.1978); Molfetas v. State, 323 So. 2d 598 (Fla.3d DCA 1975), and that the State consent, see State ex rel. Gerstein v. Baker, 339 So. 2d 271 (Fla.3d DCA 1976). Florida, unlike some jurisdictions, has never required by-statute, rule, or case law that the court itself inform the defendant of this right or make direct inquiry of the defendant as to the voluntariness of his waiver.1 Under F…
• Crawford Lee Groomes v. State, 401 So. 2d 1139 (Fla. 3d DCA 1981)
  …th v. State, 385 So. 2d 114 (Fla. 3d DCA 1980). In Groomes’ case the waiver was in writing, Powers v. State, 370 So. 2d 854 (Fla. 3d DCA 1979), cert. denied, 379 So. 2d 209 (Fla.1979), there was consent of the state, State ex rel. Gerstein v. Baker, 339 So. 2d 271 (Fla. 3d DCA 1976), and there was acknowledgment and implicit approval of the waiver by the Court. Because the issue of waiver was not properly preserved for appeal, however, we do not decide whether “court approval” requires either an explicit reco…
• Williams v. State, 440 So. 2d 1290 (Fla. 4th DCA 1983)
  …t. denied, 379 So. 2d 209 (Fla.1979); Tosta v. State, 352 So. 2d 526 (Fla. 4th DCA 1977), cert. denied, 366 So. 2d 885 (Fla.1978); Molfetas v. State, 323 So. 2d 598 (Fla. 3d DCA 1975), and that the State consent, see State ex rel. Gerstein v. Baker, 339 So. 2d 271 (Fla. 3d DCA 1976). Florida, unlike some jurisdictions, has never required by statute, rule, or case law that the court itself inform the defendant of this right or make direct inquiry of the defendant as to the voluntariness of his waiver. Under F…

Authorities Cited

• N. Shore Hosp., Inc. v. Barber, 143 So. 2d 849 (Fla. 1962)