Knowing And Intelligent Waiver

865 Florida cases classified under this topic, plus 197 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• Traylor v. State
  596 So. 2d 957· Fla.· 1992-01-16 ·cited 651×
  The Florida Supreme Court addressed whether confessions obtained during police interrogation violated the state constitutional rights against self-incrimination and to counsel, ultimately finding the Alabama confession was unlawfully obtained but the error was harmless, while app
• Trease v. State
  768 So. 2d 1050· Fla.· 2000-08-17 ·cited 205×
  Robert Trease was convicted of first-degree murder, burglary, and robbery with a firearm in connection with the torture and killing of Paul Edenson during a robbery attempt. The Florida Supreme Court affirmed his death sentence on direct appeal, rejecting claims regarding counsel
• Larzelere v. State
  676 So. 2d 394· Fla.· 1996-03-28 ·cited 198×
  Virginia Gail Larzelere was convicted of first-degree murder and sentenced to death for orchestrating the murder of her husband, a dentist, to collect life insurance. The Florida Supreme Court affirmed both the conviction and the death sentence, finding sufficient evidence of pre
• Busby v. Holman
  356 F.2d 75· 5th Cir.· 1966-01-31 ·cited 195×
  The court did not issue a holding as this is a dissenting opinion.
• Francis v. State
  413 So. 2d 1175· Fla.· 1982-04-15 ·cited 187×
  Bobby Marion Francis was convicted of first-degree murder and sentenced to death. The Florida Supreme Court reversed his conviction because he was involuntarily absent during a critical stage of jury selection—the exercise of peremptory challenges—without valid waiver, denying hi
• Bush v. State
  461 So. 2d 936· Fla.· 1984-11-29 ·cited 177×·via Intelligent Waiver Of Rights
  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×·via Intelligent Waiver Of Rights
  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
• Almeida v. State
  737 So. 2d 520· Fla.· 1999-07-08 ·cited 156×
  The Florida Supreme Court reversed Osvaldo Almeida's death sentence conviction for murder, holding that police violated the state constitution by ignoring his direct question about the utility of counsel during custodial interrogation. The Court established that officers must ans
• State v. King
  426 So. 2d 12· Fla.· 1982-12-22 ·cited 147×
  The Florida Supreme Court held that a juvenile cannot be charged by grand jury indictment for crimes not punishable by death or life imprisonment, even though the state attorney could proceed by direct information under the Juvenile Justice Act. However, the court found that King
• Johnson v. Louie L. Wainwright
  463 So. 2d 207· Fla.· 1985-01-28 ·cited 144×
  Larry Joe Johnson, a death row inmate, challenged his conviction and death sentence through habeas corpus and a Rule 3.850 motion, arguing his appellate counsel was ineffective for failing to raise certain trial errors. The Florida Supreme Court rejected his ineffectiveness claim
• Harris v. State
  438 So. 2d 787· Fla.· 1983-09-08 ·cited 143×
  Theodore Harris was convicted of first-degree murder, burglary with assault, and robbery of a 73-year-old woman. He appealed arguing his confession was involuntary and his trial contained procedural errors. The Florida Supreme Court affirmed the convictions and death sentence, fi
• Heiden v. United States
  353 F.2d 53· 9th Cir.· 1965-11-02 ·cited 130×·via Knowing And Intelligent Waiver Of Counsel
• Robinson v. State
  761 So. 2d 269· Fla.· 1999-08-19 ·cited 129×·via Intelligent Waiver Of Rights
  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
• Ira Nash, Jr. v. Estelle
  597 F.2d 513· 5th Cir.· 1979-06-21 ·cited 123×
  The court should vacate the order granting rehearing en banc as improvidently entered.
• United States v. Teague
  953 F.2d 1525· 11th Cir.· 1992-02-26 ·cited 119×
  The concurring and dissenting judge agrees that a criminal defendant has a fundamental constitutional right to testify, which is personal and cannot be waived by counsel. However, the judge disagrees with the majority's approach, arguing that claims involving this right should be
• Gorman Roberts, Jr. v. State
  874 So. 2d 1225· Fla. 4th DCA· 2004-05-26 ·cited 116×
  Gorman Roberts was convicted of manslaughter in the drowning death of a five-year-old child. The Fourth District Court of Appeal reversed his conviction, holding that the Miranda warning he received was constitutionally defective because it failed to inform him that he had a righ
• United States v. Frontero
  452 F.2d 406· 5th Cir.· 1971-11-30 ·cited 116×
  The court affirmed convictions for Frontero and Lagaña, but vacated Kelly's conviction due to a Rule 11 violation regarding informing him of the maximum sentence and remanded for Kelly to plead anew.
• United States v. Woodall
  438 F.2d 1317· 5th Cir.· 1970-05-18 ·cited 116×
  The dissenting judge would reverse the lower court's decision.
• State v. Bowen
  698 So. 2d 248· Fla.· 1997-04-24 ·cited 115×·via Knowing And Intelligent Waiver Of Counsel
  The Florida Supreme Court held that once a trial court determines a defendant has knowingly and intelligently waived the right to counsel, it cannot subsequently require representation based on concerns about the defendant's ability to mount an effective defense. The decision est
• United States v. Ignasio Maldenaldo Sanchez
  269 F.3d 1250· 11th Cir.· 2001-10-17 ·cited 114×
  The court affirmed the convictions and sentences of the Sanchezes. The concurring judges argued that no Apprendi error occurred because the sentences did not exceed the statutory maximum under 21 U.S.C. § 841(b)(1)(C). They also contended that the "Rogers error" did not apply bec
• J.B. Parker v. State
  873 So. 2d 270· Fla.· 2004-01-22 ·cited 113×
  J.B. Parker appeals his death sentence imposed following a new penalty phase after his original sentence was vacated due to Brady violations. The Florida Supreme Court affirmed Parker's convictions for kidnapping, robbery, and first-degree murder, as well as his death sentence, r
• United States v. Dougherty
  473 F.2d 1113· D.C. Cir.· 1972-06-30 ·cited 113×
  The court amplified its prior opinion, clarifying that while a defendant's right to self-representation is not absolute, its denial does not automatically require reversal if the trial judge makes specific findings regarding disruption or inability to waive counsel.
• Tucker v. State
  559 So. 2d 218· Fla.· 1990-03-29 ·cited 111×
  A defendant represented by counsel can orally waive a jury trial if the trial judge provides a full explanation of the consequences, even if the waiver is not in writing.
• DeCONINGH v. State
  433 So. 2d 501· Fla.· 1983-04-21 ·cited 111×
  The Florida Supreme Court reversed the Third District Court of Appeal's decision and reinstated a trial court's suppression of a confession given by Suzanne DeConingh, who was hospitalized after shooting her husband. The case establishes that a confession obtained from a person u
• Brown v. Louie L. Wainwright
  665 F.2d 607· 5th Cir.· 1982-01-11 ·cited 106×
  The court held that a defendant's right to self-representation, once asserted, cannot be deemed waived without a direct, knowing, and intelligent colloquy between the judge and the defendant.
• Guzman v. State
  721 So. 2d 1155· Fla.· 1998-10-01 ·cited 104×
  James Guzman was convicted of first-degree murder and armed robbery in the death of David Colvin and sentenced to death. This was Guzman's second trial after his initial convictions were reversed due to a conflict of interest with his public defender. The Florida Supreme Court af
• State v. Lewis
  838 So. 2d 1102· Fla.· 2002-12-12 ·cited 102×
  Lawrence Lewis was convicted of first-degree murder and sentenced to death. The Florida Supreme Court affirmed the conviction but vacated the death sentence, finding that trial counsel was ineffective during the penalty phase by failing to adequately investigate and prepare mitig
• Blaine Ross v. State
  45 So. 3d 403· Fla.· 2010-05-27 ·cited 101×
  Blaine Ross was convicted of murdering his parents and appealed, claiming his confessions were obtained through Miranda violations. The Florida Supreme Court reversed his convictions because police deliberately delayed administering Miranda warnings for several hours during custo
• Spann v. State
  857 So. 2d 845· Fla.· 2003-04-03 ·cited 97×
  Anthony Spann was convicted of first-degree murder for his role in a carjacking and murder committed during a series of felonies. The Florida Supreme Court affirmed both his conviction and death sentence, rejecting challenges to the admission of handwriting evidence, the validity
• United States v. Augustus Charles Bobo
  586 F.2d 355· 5th Cir.· 1978-11-30 ·cited 92×
  A defendant's consent to a mistrial, given through counsel, bars a subsequent double jeopardy claim, even if the mistrial was declared due to defense counsel's error and the defendant did not personally waive the right on the record.
• Wright v. Dickson
  336 F.2d 878· 9th Cir.· 1964-09-11 ·cited 92×
  The court held that the district court erred in dismissing the habeas corpus petition without an evidentiary hearing, as disputed factual issues regarding the knowing and intelligent waiver of counsel were raised.
• Hill v. State
  688 So. 2d 901· Fla.· 1996-11-27 ·cited 91×·via Knowing And Intelligent Waiver Of Counsel
  Paul Jennings Hill was convicted of two murders and sentenced to death for killing Dr. John Bayard Britton and James Barrett at an abortion clinic in Pensacola, Florida. The Florida Supreme Court affirmed Hill's convictions and death sentences, rejecting his claims regarding self
• State v. Young
  626 So. 2d 655· Fla.· 1993-10-28 ·cited 87×
  A trial judge is required to conduct a Faretta inquiry before allowing a defendant to proceed without counsel, even if the defendant appears to be abusing the right to counsel to delay the trial.
• United States v. Gordon
  895 F.2d 932· 4th Cir.· 1990-02-02 ·cited 87×
  The court affirmed the conviction but reversed and remanded the sentence, finding the district court erred in granting a two-level reduction for minor participant status without sufficient factual basis.
• Fitzpatrick v. Louie L. Wainwright
  800 F.2d 1057· 11th Cir.· 1986-09-30 ·cited 87×
  The trial court erred by failing to conduct an indigency inquiry and a Faretta waiver hearing before allowing the defendant to proceed pro se.
• J.B. Parker v. State
  476 So. 2d 134· Fla.· 1985-08-22 ·cited 87×
  J.B. Parker was convicted of first-degree murder, kidnapping, and robbery with a firearm in connection with the execution-style killing of a convenience store clerk during a robbery. The Florida Supreme Court affirmed Parker's convictions and death sentence on direct appeal, reje
• United States v. Welty
  674 F.2d 185· 3d Cir.· 1982-03-02 ·cited 87×
  The court held that the defendant did not knowingly and intelligently waive his Sixth Amendment right to counsel because the trial court failed to conduct adequate inquiries into his dissatisfaction with counsel and the implications of self-representation.
• Maynard v. Meachum
  545 F.2d 273· 1st Cir.· 1976-11-19 ·cited 83×
  The court held that the standard for waiving the right to counsel is the same as for waiving the entire right, and a hybrid representation arrangement does not negate the need for a knowing and intelligent waiver.
• Ferrell v. State
  29 So. 3d 959· Fla.· 2010-01-14 ·cited 82×
  Ronnie Ferrell appealed the trial court's denial of his Rule 3.850 postconviction motion regarding guilt-phase ineffective assistance of counsel claims while the State cross-appealed the granting of a new penalty phase. The Florida Supreme Court affirmed the denial of guilt-phase
• Durocher v. Singletary
  623 So. 2d 482· Fla.· 1993-08-12 ·cited 81×
  The Florida Supreme Court held that a competent death row inmate has the constitutional right to waive representation by the Capital Collateral Representative (CCR) and refuse collateral appeals, and that CCR lacks standing to file habeas petitions on behalf of an inmate who expl
• Nixon v. Singletary
  758 So. 2d 618· Fla.· 2000-01-27 ·cited 78×·via Knowing And Intelligent Guilty Plea
  Joe Elton Nixon, a death row inmate, challenged his conviction for first-degree murder, claiming his trial counsel provided ineffective assistance by admitting his guilt during opening and closing arguments without his consent. The Florida Supreme Court held that such guilt admis
• Anderson v. State
  574 So. 2d 87· Fla.· 1991-01-03 ·cited 77×
  Richard Harold Anderson was convicted of first-degree murder in the 1987 killing of Robert Grantham and sentenced to death. The Florida Supreme Court affirmed the conviction and death sentence, rejecting Anderson's claims regarding perjured grand jury testimony, hearsay evidence,
• Raulerson v. Louie L. Wainwright
  732 F.2d 803· 11th Cir.· 1984-05-01 ·cited 75×·via Knowing And Intelligent Waiver Of Counsel
  The court held that the trial court's failure to conduct a Faretta hearing after Raulerson's unequivocal assertion of his right to self-representation was an absolute denial of that right, not waived by subsequent conduct.
• Bevel v. State
  983 So. 2d 505· Fla.· 2008-03-20 ·cited 72×
  Thomas Bevel was convicted of two counts of first-degree murder and one count of attempted first-degree murder in the February 2004 deaths of Garrick Stringfield and his son Phillip Sims, and the wounding of Feletta Smith. The Florida Supreme Court affirmed Bevel's convictions an
• 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.
• Mason v. Balcom
  531 F.2d 717· 5th Cir.· 1976-05-13 ·cited 71×
  The court affirmed the district court's judgment, finding that the petitioner's representation was perfunctory and thus ineffective.
• Potts v. State
  718 So. 2d 757· Fla.· 1998-09-10 ·cited 70×
  Joseph Henry Potts was convicted of cocaine sales after rejecting counsel and attempting self-representation. The Florida Supreme Court upheld his conviction, holding that his waiver of counsel was valid because he understood his rights and made his choice to self-represent with
• United States v. Beckles
  565 F.3d 832· 11th Cir.· 2009-04-17 ·cited 69×
  Travis Beckles was convicted of possession of a firearm by a convicted felon under 18 U.S.C. § 922(g) and sentenced to 360 months imprisonment as a career offender. Beckles appealed on multiple grounds: that his post-arrest statements should have been suppressed due to Miranda vi
• Castro v. State
  644 So. 2d 987· Fla.· 1994-09-08 ·cited 69×
  Edward Castro was convicted of first-degree murder and sentenced to death. After two prior death sentences were overturned on appeal due to procedural errors, Castro was resentenced to death following a new penalty hearing. The Florida Supreme Court affirmed the death sentence, f
• Smith v. United States
  324 F.2d 436· D.C. Cir.· 1963-10-10 ·cited 68×
  Leave to withdraw a guilty plea was properly denied because the defendant was not prejudiced by any mistaken belief about parole eligibility.