Intelligent Waiver Of Rights

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

• Bush v. State
  461 So. 2d 936· Fla.· 1984-11-29 ·cited 177×
  John Earl Bush was convicted of first-degree murder, robbery, and kidnapping in the 1982 death of Frances Slater during a convenience store robbery. On appeal, Bush challenged his conviction and death sentence on multiple grounds, including the admissibility of his confessions, i
• Nixon v. State
  572 So. 2d 1336· Fla.· 1990-11-29 ·cited 160×
  Joe Elton Nixon was convicted of first-degree murder and sentenced to death for the 1984 murder of Jeanne Bickner in Tallahassee, Florida. He also was convicted of kidnapping, robbery, and arson. The Florida Supreme Court affirmed all convictions and sentences, rejecting Nixon's
• Robinson v. State
  761 So. 2d 269· Fla.· 1999-08-19 ·cited 129×
  Michael Robinson appeals his death sentence for the first-degree murder of Jane Silvia. This is Robinson's second direct appeal after the Florida Supreme Court initially reversed his 1995 death sentence because the trial court failed to consider mitigating evidence. On remand, th
• Eve Postell v. State
  383 So. 2d 1159· Fla. 3d DCA· 1980-06-03 ·cited 56×
  Eve Postell, a 13-year-old convicted of second-degree murder, burglary, and robbery, challenged her conviction on Miranda grounds and her adult sentencing, arguing she was eligible for more lenient juvenile offender sentencing. The Florida appellate court affirmed her conviction
• United States v. Gallman
  907 F.2d 639· 7th Cir.· 1990-07-05 ·cited 44×
  The court held that the warrantless search of the defendant's car was permissible under the automobile exception and that his sentence enhancement was proper, as his prior convictions qualified under the relevant statute.
• United States ex rel. Albert Curtis v. Hon. John Zelker
  466 F.2d 1092· 2d Cir.· 1972-07-17 ·cited 37×
  A guilty plea is not rendered involuntary by a defendant's mistaken subjective impressions, absent substantial objective proof that those impressions were reasonably justified.
• Arnold v. State
  265 So. 2d 64· Fla. 3d DCA· 1972-07-05 ·cited 30×
  A 15-year-old was convicted of first-degree murder and sentenced to life imprisonment. The Florida District Court of Appeal reversed, holding that the trial court erred in admitting incriminating statements the defendant made to police after he and his parents had requested an at
• Robinson v. State
  913 So. 2d 514· Fla.· 2005-07-07 ·cited 26×
  Michael Robinson, a death-row inmate, appealed the denial of his postconviction motion for relief under Florida Rule of Criminal Procedure 3.850 and petitioned for a writ of habeas corpus. The Florida Supreme Court affirmed the trial court's denial of all relief, rejecting Robins
• United States v. Morgan
  222 F.2d 673· 2d Cir.· 1955-05-19 ·cited 24×
  A conviction obtained without advising the defendant of his right to counsel and without an intelligent waiver thereof is void and requires relief, regardless of a showing of innocence or delay in seeking relief.
• Tejeda v. United States Immigr. & Naturalization Serv.
  346 F.2d 389· 9th Cir.· 1965-05-19 ·cited 22×
  The court held that if the petitioner made a bona fide effort to reenter and was denied reentry due to misadvice from the American Consul, respondents should be precluded from denying reentry.
• Tennell v. State
  348 So. 2d 937· Fla. 2d DCA· 1977-08-10 ·cited 18×
  Appellant, a 14-year-old juvenile with below-average intelligence and first-grade reading ability, challenges the admissibility of his confession and an order transferring him to adult criminal court. The court reversed because the state failed to meet its heavy burden of establi
• Cockerham v. State
  237 So. 2d 32· Fla. 1st DCA· 1970-06-16 ·cited 8×
  Fred Cockerham appeals his burglary conviction, challenging the admission of evidence (paint scrapings and a chisel) obtained from his car trunk during a warrantless search. The court affirmed the conviction, holding that the defendant's voluntary consent to the search was valid
• United States ex rel. Floyd Edgar Martin v. Murphy
  319 F.2d 897· 2d Cir.· 1963-07-02 ·cited 8×
  Federal habeas corpus relief is unavailable because the relator has not exhausted his state remedies by seeking a writ of error coram nobis.
• Martinez v. State
  475 So. 2d 1292· Fla. 3d DCA· 1985-09-17 ·cited 6×
  Mario Martinez, a Cuban refugee who entered the U.S. through the Mariel boat-lift, appeals the summary denial of his post-conviction motion alleging ineffective assistance of counsel for failing to advise him of potential deportation consequences before he entered a guilty plea t
• In the Interest of M. L. H. v. State
  399 So. 2d 13· Fla. 1st DCA· 1981-05-18 ·cited 4×
  A juvenile appeals his adjudication of guilt and commitment following a burglary, challenging the admissibility of his confession on the ground that police did not comply with Rule of Juvenile Procedure 8.290(d)(4), which requires two attesting witnesses to a written waiver of co
• Simmons v. State
  227 So. 2d 84· Fla. 2d DCA· 1969-10-10 ·cited 2×
  Clarence Simmons was convicted of first-degree murder and sentenced to life imprisonment. He appealed arguing his confessions were inadmissible due to inadequate Miranda warnings and lack of voluntary waiver, but the court upheld the conviction, finding the warnings were properly
• Jones v. Dugger
  839 F.2d 1441· 11th Cir.· 1988-03-14
  The dissent argues that the majority erred in allowing lay testimony derived from an unlawful interrogation, violating the Fifth Amendment privilege against self-incrimination.
• Roberts v. State
  326 So. 2d 218· Fla. 2d DCA· 1976-02-04
• Lowe v. State
  250 So. 2d 310· Fla. 2d DCA· 1971-07-16
• McNEAL v. United States
  184 F.2d 180· 10th Cir.· 1950-09-12
  The court held that the defendant's claims of lack of jurisdiction and deprivation of counsel were without merit.