Intelligent And Understanding Waiver

31 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• United States v. Warner
  428 F.2d 730· 8th Cir.· 1970-06-08 ·cited 72×
  The court held that the trial court's cursory examination was insufficient to ensure an intelligent and knowing waiver of counsel.
• Caminita v. State
  159 So. 2d 921· Fla. 2d DCA· 1964-01-29 ·cited 26×
  An insolvent defendant moving for relief under Criminal Procedure Rule No. 1 is entitled to court-appointed counsel in the trial court, and a plenary hearing must be held to determine if rights were intelligently waived.
• Puckett v. United States
  314 F.2d 298· 10th Cir.· 1963-01-31 ·cited 26×
  The court held that the record did not conclusively show the appellant was not entitled to relief, particularly regarding his waiver of counsel.
• Spanbauer v. Burke
  374 F.2d 67· 7th Cir.· 1966-12-28 ·cited 24×
  The dissenting judge believes the petitioner's waiver of counsel was made under circumstances that denied him due process, rendering the waiver invalid.
• Twining v. United States
  321 F.2d 432· 5th Cir.· 1963-08-05 ·cited 24×
  The court held that the defendant's contentions regarding the invalidity of his guilty plea and waiver of counsel were not supported by the record.
• State v. The Honorable Virgil B. Conkling
  421 So. 2d 1108· Fla. 5th DCA· 1982-11-17 ·cited 21×
  A Florida juvenile challenged his prosecution in adult court for a felony offense, seeking transfer to juvenile court. The court held that prior uncounseled juvenile adjudications cannot be counted to establish jurisdiction in adult court, as doing so would violate the constituti
• Shawan v. COX
  350 F.2d 909· 10th Cir.· 1965-09-16 ·cited 20×
  The court held that the appellant did not intelligently and understandingly waive his constitutional right to counsel, as the record did not show he was adequately informed of the charges, potential penalties, or his rights.
• Phillips v. State
  164 So. 2d 858· Fla. 2d DCA· 1964-05-29 ·cited 20×
  Phillips appeals the denial of his post-conviction motion alleging he was denied his constitutional right to counsel when he pleaded guilty without representation and without being advised of his right to court-appointed counsel. The court reversed the denial and remanded for a p
• McCONNELL v. United States
  375 F.2d 905· 5th Cir.· 1967-04-11 ·cited 16×
  The court held that the appellant was denied his Sixth Amendment right to counsel at trial because he did not intelligently and competently waive this right.
• Knight v. Balkcom
  363 F.2d 221· 5th Cir.· 1966-07-18 ·cited 16×
  The court held that the appellant was denied his federally guaranteed right to assistance of counsel because he was not clearly advised of his right to appointed counsel, and thus his guilty plea was invalid.
• Crystal v. State
  616 So. 2d 150· Fla. 1st DCA· 1993-03-30 ·cited 14×
  Roderick Crystal appealed his conviction for burglary with assault and attempted murder, arguing the trial court failed to conduct a proper inquiry into whether he knowingly and intelligently waived his right to counsel before representing himself at trial. The appellate court re
• United States ex rel. Nelson Miner v. Erickson
  428 F.2d 623· 8th Cir.· 1970-06-05 ·cited 14×
  The court held that the petitioner did not make an intelligent and understanding waiver of his right to counsel due to his limited capacity and lack of comprehension of the charges and defenses.
• Miles v. United States
  385 F.2d 541· 10th Cir.· 1967-11-29 ·cited 14×
  A defendant's disappointment with the sentence imposed does not constitute manifest injustice, and therefore does not warrant withdrawal of a guilty plea after sentencing.
• Kates v. Nelson
  435 F.2d 1085· 9th Cir.· 1970-11-25 ·cited 12×
  A defendant who unequivocally refuses appointed counsel and insists on representing himself, even after being offered the choice to proceed with counsel or represent himself, waives his right to counsel.
• Meadows v. Maxwell
  371 F.2d 664· 6th Cir.· 1967-02-02 ·cited 12×
  The court held that a petitioner with limited education, facing a life sentence, was entitled to appointed counsel unless counsel was intelligently and understandingly waived, and a conclusory statement in the court order was insufficient to establish such waiver.
• Asa Cook v. State
  167 So. 2d 793· Fla. 1st DCA· 1964-10-06 ·cited 12×
  Asa Cook appealed his guilty plea conviction, claiming he lacked legal counsel to advise him of his rights. The court affirmed the conviction, finding that Cook had executed a written waiver of counsel after being fully advised of his right to representation and the availability
• Donald v. State
  166 So. 2d 453· Fla. 2d DCA· 1964-06-03 ·cited 11×
  Edward Reid Donald appeals his felony convictions for escape from jail. The court reverses his conviction in one case (the only one within its jurisdiction) because he was tried without counsel after his Public Defender withdrew, and the trial court failed to appoint replacement
• Winters v. Cook
  466 F.2d 1393· 5th Cir.· 1972-09-20 ·cited 9×
  A guilty plea does not waive the right to challenge jury composition if the defendant was unaware of that right.
• Tobin v. United States
  402 F.2d 307· 7th Cir.· 1968-10-29 ·cited 8×
  The court held that the defendant did not intelligently and understandingly waive his right to counsel at critical stages of the proceedings, as the trial court failed to conduct a sufficiently penetrating inquiry.
• Stanley v. State
  203 So. 2d 31· Fla. 2d DCA· 1967-10-13 ·cited 8×
  Marvin Frazier Stanley appealed the denial of his petition to vacate his guilty plea conviction for breaking and entering. The court affirmed the summary denial, finding that the trial court record conclusively showed Stanley made an intelligent and voluntary waiver of his right
• Weed v. United States
  342 F.2d 971· 5th Cir.· 1965-03-08 ·cited 8×
  The court held that a motion to vacate a sentence based on claims of involuntary plea due to duress, where such claims are outside the record, requires a hearing.
• Johnson v. State
  629 So. 2d 1050· Fla. 2d DCA· 1993-12-29 ·cited 6×
  Johnson appealed his convictions for burglary, grand theft, and criminal mischief, arguing that the trial court failed to adequately inquire into his reasons for discharging his public defender and whether his waiver of counsel was knowing and voluntary. The appellate court agree
• Alford v. Louie L. Wainwright
  156 So. 2d 1· Fla.· 1963-09-04 ·cited 6×
  John Alford petitioned for habeas corpus challenging his convictions on the grounds that he was denied the right to counsel. The Florida Supreme Court, guided by the landmark U.S. Supreme Court decisions in Carnley v. Cochran and Gideon v. Wainwright, vacated his convictions and
• Patton v. State OF N.C.
  315 F.2d 643· 4th Cir.· 1963-03-25 ·cited 6×
• Bouillons v. Burke
  418 F.2d 297· 7th Cir.· 1969-10-07 ·cited 4×
  The court held that the district court erred in denying an evidentiary hearing and accepting the sheriff's testimony as sufficient proof of waiver of the right to counsel, given the inadequate state court record.
• KEY v. State
  194 So. 2d 664· Fla. 3d DCA· 1967-02-07 ·cited 4×
  Robert Pierce Key appealed the denial of his motion for post-conviction relief under Criminal Procedure Rule 1, challenging his guilty pleas to robbery on grounds of delay before magistrate appearance, allegedly coerced confession, and inadequate counsel waiver. The court affirme
• Forrest Eugene Smith v. Ward Lane
  426 F.2d 767· 7th Cir.· 1970-05-18 ·cited 2×
  The court held that a record entry showing a defendant was asked if he wanted an attorney and stated he wanted to plead guilty is insufficient to establish an intelligent waiver of counsel if it does not also show he was informed of his right to appointed counsel if indigent.
• Lucious Upshaw v. COX
  356 F.2d 419· 10th Cir.· 1966-01-25 ·cited 2×
  The court held that the appellant intelligently and understandingly waived his right to counsel and voluntarily entered a guilty plea.
• Duanne Eady v. State
  695 So. 2d 752· Fla. 1st DCA· 1997-03-25
  Duanne Eady, an inmate charged with battery on a law enforcement officer, was convicted after he engaged in disruptive courtroom conduct and effectively removed himself from trial despite initially invoking his right to self-representation. The appellate court affirmed the convic
• Swinney v. State
  166 So. 2d 451· Fla. 2d DCA· 1964-07-10
  A defendant's statement on the record that he wants to go to trial without counsel, made the day before trial after retaining counsel and being offered a continuance, constitutes an intelligent and understanding waiver of the right to counsel.