Knowing And Intelligent Waiver Of Counsel

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

• Heiden v. United States
  353 F.2d 53· 9th Cir.· 1965-11-02 ·cited 130×
• State v. Bowen
  698 So. 2d 248· Fla.· 1997-04-24 ·cited 115×
  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
• Hill v. State
  688 So. 2d 901· Fla.· 1996-11-27 ·cited 91×
  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
• Raulerson v. Louie L. Wainwright
  732 F.2d 803· 11th Cir.· 1984-05-01 ·cited 75×
  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.
• Kearse v. State
  605 So. 2d 534· Fla. 1st DCA· 1992-09-17 ·cited 67×
  James Kearse appealed his cocaine trafficking conviction and 20-year habitual felony offender sentence, arguing the trial court failed to conduct proper inquiries into his requests to discharge court-appointed counsel and to represent himself. The First District Court of Appeal r
• Haliburton v. State
  514 So. 2d 1088· Fla.· 1987-10-01 ·cited 63×
  The Florida Supreme Court reversed Jerry Haliburton's murder and burglary convictions, holding that police violated Florida's due process clause by failing to inform him that a retained attorney was present at the station and requesting access, even after a judge ordered the atto
• Robinson v. Johnston
  118 F.2d 998· 9th Cir.· 1941-04-08 ·cited 60×
• Weaver v. State
  894 So. 2d 178· Fla.· 2004-12-16 ·cited 53×
  Jeffrey Lee Weaver was convicted of first-degree murder of a law enforcement officer and sentenced to death after the trial judge overrode the jury's eight-to-four recommendation of life imprisonment. The Florida Supreme Court affirmed the conviction but reversed the death senten
• United States v. Bailey
  675 F.2d 1292· D.C. Cir.· 1982-04-23 ·cited 53×
  The court affirmed the convictions, holding that defendants waived misjoinder claims, severance was not required, jury instructions were proper, and the defendant's waiver of counsel for self-representation was knowing and intelligent.
• Holland v. State
  773 So. 2d 1065· Fla.· 2000-10-05 ·cited 50×
  Albert Holland was convicted of murdering Pompano Beach police officer Scott Winters during an armed robbery and attempted sexual battery. On direct appeal of his death sentence, the Florida Supreme Court affirmed his convictions and death penalty, rejecting twenty-two claims of
• Knight v. State
  770 So. 2d 663· Fla.· 2000-11-02 ·cited 36×
  Ronald Knight appeals his death sentence for first-degree murder, challenging his right to self-representation, the trial court's failure to renew counsel offers at every stage, and the use of a subsequent murder conviction as an aggravating factor. The Florida Supreme Court affi
• Hardy v. State
  655 So. 2d 1245· Fla. 5th DCA· 1995-05-26 ·cited 34×
  Ralph Hardy appeals his convictions for forgery and uttering forged instruments, challenging the validity of his Faretta waiver of counsel and his sentences. The court affirmed his convictions, finding the Faretta inquiry adequate, but vacated his sentences because the trial cour
• United States v. Romero
  640 F.2d 1014· 9th Cir.· 1981-03-06 ·cited 34×
  The court held that the defendant's conviction for willful failure to file income tax returns should be affirmed, as any procedural errors were harmless and the defendant knowingly waived counsel and understood the charges.
• Blackburn v. State
  208 So. 2d 625· Fla. 3d DCA· 1968-04-02 ·cited 32×
  Darrell Gene Blackburn was convicted of breaking and entering with assault and attempted crime against nature. He appealed on grounds that evidence of a similar prior crime (for which he had been acquitted) was improperly admitted, and that his statements to police were obtained
• United States v. Harris
  683 F.2d 322· 9th Cir.· 1982-08-06 ·cited 31×
  The court held that the record did not demonstrate that the defendant knowingly and competently waived his right to counsel, necessitating a new trial.
• Cravelyn Hooker v. State
  152 So. 3d 799· Fla. 4th DCA· 2014-12-10 ·cited 26×
  Cravelyn Hooker was convicted of lewd or lascivious battery after a jury trial, but the trial court denied his unequivocal request to represent himself pro se, stating he was not sufficiently qualified by training, education, and experience. The Fourth District Court of Appeal re
• Stephen v. United States
  426 F.2d 257· 5th Cir.· 1970-05-11 ·cited 24×
  The court held that a defendant's guilty plea is invalid if the trial court erroneously advises them of the maximum penalty, requiring an evidentiary hearing to determine if the defendant was misled.
• Strozier v. Lanson Newsome
  926 F.2d 1100· 11th Cir.· 1991-03-19 ·cited 23×
  The court held that the record, including witness testimony about pre-trial warnings, sufficiently established that the defendant knowingly and intelligently waived his right to counsel, despite the lack of a formal, on-the-record waiver hearing.
• United States v. Fant
  890 F.2d 408· 11th Cir.· 1989-12-13 ·cited 23×
  The court held that even without a formal waiver hearing, the record contained sufficient evidence to establish that the defendant's waiver of counsel and decision to proceed pro se was knowing and intelligent.
• Bowen v. State
  677 So. 2d 863· Fla. 2d DCA· 1996-05-29 ·cited 21×
  Jimmy Dell Bowen was convicted of second-degree murder, attempted first-degree murder, and carrying a concealed weapon after being denied his request to represent himself. The court reverses because the trial court improperly denied Bowen's Sixth Amendment right to self-represent
• Smith v. State
  956 So. 2d 1288· Fla. 4th DCA· 2007-06-06 ·cited 19×
  Terrell Smith was convicted of possession of cocaine with intent to sell after representing himself at trial. The Fourth District Court of Appeal reversed his conviction because the trial court's Faretta inquiry was inadequate to establish that Smith knowingly and intelligently w
• United States v. Scott
  909 F.2d 488· 11th Cir.· 1990-08-21 ·cited 19×
  The court held that the trial judge erred by forcing the defendant to choose between his right to counsel and his right to testify, as the record did not establish that the defendant intended to commit perjury.
• Adams v. Midge Carroll
  875 F.2d 1441· 9th Cir.· 1989-05-30 ·cited 19×
  A criminal defendant's request to proceed pro se is not rendered equivocal by being conditioned on the refusal to appoint a specific attorney the defendant distrusts.
• Walls v. State
  195 So. 2d 853· Fla.· 1967-03-01 ·cited 19×
  The Florida Supreme Court addressed a petition for a writ of habeas corpus, identifying factual disputes regarding the petitioner's indigency, representation by counsel, and waiver of counsel at his 1961 trial. The court appointed a circuit judge as a commissioner to take testimo
• Phillips v. State
  284 So. 2d 485· Fla. 3d DCA· 1973-08-28 ·cited 18×
  James Phillips was convicted of carrying a concealed firearm after a jury trial. He appealed arguing the pistol was seized illegally and his incriminating statements were obtained in violation of Miranda rights. The court affirmed the conviction, finding the search lawful under T
• Rodriguez v. State
  982 So. 2d 1272· Fla. 3d DCA· 2008-06-04 ·cited 16×
  The trial court committed reversible error by failing to conduct a Faretta inquiry after the defendant made an unequivocal demand to represent himself.
• Langon v. State
  791 So. 2d 1105· Fla. 4th DCA· 1999-07-28 ·cited 16×
  Steven Langon appealed his conviction for first-degree murder with a firearm and related charges, challenging the trial court's acceptance of his waiver of the right to counsel and denial of a continuance. The Fourth District affirmed the conviction, holding that although the tri
• Payne v. State
  642 So. 2d 111· Fla. 1st DCA· 1994-09-08 ·cited 16×
  A trial court must give the same warnings about the dangers of self-representation to a defendant who proceeds with standby counsel as to one who proceeds entirely pro se, because the court cannot predict at the outset how much of his own defense the defendant will conduct and th
• Savage v. Estelle
  908 F.2d 508· 9th Cir.· 1990-07-16 ·cited 16×
  A trial court may permissibly deny a criminal defendant the right to represent himself if a severe speech impediment renders him unable to abide by the rules of courtroom procedure and communicate effectively with the jury.
• Loyd Abbott v. State
  164 So. 2d 243· Fla. 2d DCA· 1964-05-20 ·cited 16×
  Abbott, an indigent defendant, appealed a denial of his motion seeking to vacate his conviction and sentence on grounds that he was denied the constitutional right to counsel at preliminary hearing, arraignment, and sentencing. The court affirmed the denial regarding preliminary
• Desmond McKINNEY v. State
  850 So. 2d 680· Fla. 4th DCA· 2003-07-30 ·cited 15×
  The trial court erred by denying McKinney's request for self-representation after finding he had knowingly and intelligently waived his right to counsel. Under Faretta v. California, lack of legal education and experience alone cannot justify denying self-representation once a kn
• Kendle v. State
  255 So. 3d 400· Fla. 3d DCA· 2018-08-15 ·cited 14×
  The trial court's multiple Faretta inquiries at various critical stages of the proceedings satisfied constitutional and rule requirements because they ensured Kendle made a knowing and intelligent waiver of his right to counsel, and the trial court was not required to follow a mo
• United States v. Belanger
  936 F.2d 916· 7th Cir.· 1991-07-03 ·cited 14×
  The court held that the defendant's prior conviction was constitutionally valid and properly classified as a felony for career offender sentencing, but vacated the sentence due to a miscalculation of the statutory maximum penalty.
• Cooper v. State
  576 So. 2d 1379· Fla. 2d DCA· 1991-04-05 ·cited 14×
  Jimmie Lee Cooper was convicted of trafficking in cocaine and sentenced to fifteen years imprisonment plus probation and a $250,000 fine. The Florida appellate court reversed because the trial court failed to properly determine Cooper's indigency status at the time of trial and f
• Scott v. Louie L. Wainwright
  617 F.2d 99· 5th Cir.· 1980-05-14 ·cited 14×
  The Fifth Circuit held that the Florida court erroneously denied the petitioner his constitutional right to self-representation, as the circuit recognized this right prior to the Supreme Court's decision in Faretta v. California.
• Fillippini v. Ristaino
  585 F.2d 1163· 1st Cir.· 1978-11-07 ·cited 14×
  The court held that the appellant competently and intelligently waived his right to counsel and that the in-court identification was not constitutionally infirm.
• Brisbon v. State
  201 So. 2d 832· Fla. 3d DCA· 1967-08-15 ·cited 14×
  Wilson Brisbon appeals his conviction for breaking and entering with intent to commit a misdemeanor and petit larceny, challenging whether he validly waived his right to counsel. The court affirms, holding that his simple "Yes" response to whether he would answer questions withou
• McCRAY v. State
  181 So. 2d 729· Fla. 1st DCA· 1966-01-06 ·cited 14×
  Leroy McCray appealed a denial of his post-conviction motion challenging his 1950 guilty plea conviction on the ground that counsel was appointed only on the day of trial, allegedly depriving him of adequate time to prepare. The court affirmed, holding that where counsel is appoi
• O'Keith v. Johnston
  129 F.2d 889· 9th Cir.· 1942-08-20 ·cited 14×
  The court held that a finding of intelligent waiver of counsel is a factual determination binding on appeal, and that habeas corpus proceedings require a summary hearing by the judge, not a jury trial.
• Neal v. State
  142 So. 3d 883· Fla. 1st DCA· 2014-05-20 ·cited 13×
  This is an Anders appeal from a conviction and HFO sentence following a mid-trial nolo contendere plea. While the court affirmed the conviction and sentence after independent review, it issued a substantial opinion criticizing appointed counsel's deficient Anders brief for failin
• Neal v. State
  132 So. 3d 949· Fla. 1st DCA· 2014-02-21 ·cited 13×
  The court held that the trial court erred by failing to apply the correct legal standard when evaluating the defendant's request to proceed without counsel.
• Kearse v. State
  858 So. 2d 348· Fla. 1st DCA· 2003-10-30 ·cited 13×
  James Kearse sought the right to represent himself at a pre-trial suppression hearing, but the trial court denied his request without conducting the required Faretta hearing. The appellate court held that a defendant has an affirmative constitutional right to self-representation
• Beaton v. State
  709 So. 2d 172· Fla. 4th DCA· 1998-04-01 ·cited 13×
  Wayne Beaton appeals his conviction for burglary while armed and wearing a mask, grand theft, and dealing in stolen property. The court reverses on two grounds: the trial court abused its discretion by denying Beaton's request to represent himself without making a proper Faretta
• Burton v. State
  596 So. 2d 1184· Fla. 1st DCA· 1992-04-06 ·cited 12×
  John Burton was convicted of grand theft after representing himself at trial without the trial court conducting the required Faretta inquiry to ensure he knowingly and intelligently waived his right to counsel. The appellate court reversed and remanded for a new trial because the
• Antone Jones v. State
  584 So. 2d 120· Fla. 4th DCA· 1991-08-07 ·cited 12×
  Antone Jones appeals his conviction and habitual offender sentence, challenging his waiver of the right to counsel. The court reverses because the trial court failed to conduct an adequate inquiry into whether Jones's waiver of counsel was knowing and intelligent, as required by
• United States v. Berlin Acey Odom
  423 F.2d 875· 9th Cir.· 1970-03-24 ·cited 12×
• United States v. Clayton
  418 F.2d 1274· 6th Cir.· 1969-12-16 ·cited 12×
  The court held that the admission of a co-defendant's statement, even if violating Bruton, was harmless error beyond a reasonable doubt due to overwhelming evidence of guilt. It also held that the defendant knowingly waived his right to have his own counsel present when the verdi
• Burch v. United States
  359 F.2d 69· 8th Cir.· 1966-04-11 ·cited 12×
  The court held that the appellant knowingly and intelligently waived his right to counsel, and the trial judge properly investigated the competency of this waiver.
• Kent v. Sanford
  121 F.2d 216· 5th Cir.· 1941-06-23 ·cited 12×
  The court held that the defendant was deprived of his constitutional right to counsel at sentencing.
• Hooks v. State
  286 So. 3d 163· Fla.· 2019-12-19 ·cited 11×
  A Faretta colloquy is not invalid simply because the trial court fails to inquire about the defendant's age, experience, and understanding of the rules of criminal procedure. Under Florida Rule of Criminal Procedure 3.111(d)(3) and the principles established in Faretta v. Califor