Knowing And Intelligent Waiver Of Counsel

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

• Adonis Losada v. State
  260 So. 3d 1156· Fla. 3d DCA· 2018-12-26 ·cited 10×
  Adonis Losada appeals his conviction for possession and transmission of child pornography, arguing the trial court erred by failing to independently determine his competency to stand trial and by incorrectly denying his request to waive counsel and represent himself. The Florida
• B.F. v. State
  747 So. 2d 1061· Fla. 5th DCA· 2000-01-14 ·cited 10×
  A juvenile appealed the denial of his motion to withdraw a guilty plea to aggravated battery after the trial court failed to conduct an adequate inquiry into whether he knowingly and intelligently waived his right to counsel. The Fifth District Court of Appeal reversed, finding t
• King Brooks v. State
  703 So. 2d 504· Fla. 1st DCA· 1997-12-23 ·cited 10×
  In this direct criminal appeal, the Florida First District Court of Appeal reversed King Brooks' burglary conviction because the trial judge failed to conduct a Faretta inquiry when permitting Brooks to serve as co-counsel and perform core attorney functions at trial, such as del
• Gillyard v. State
  704 So. 2d 165· Fla. 2d DCA· 1997-12-12 ·cited 10×
  A trial court's Faretta inquiry must thoroughly explore with a defendant the complexities of jury trial and the dangers and disadvantages of self-representation to ensure the waiver is knowing and intelligent, and failure to do so is reversible error not subject to the harmless e
• In re in the interest of R. W. H. and T. M. H.
  375 So. 2d 321· Fla. 2d DCA· 1979-06-29 ·cited 10×
  A Florida appellate court reversed an order permanently committing two minor children to the state's custody, holding that the natural mother's constitutional right to counsel was violated in the dependency proceeding. The court adopted a case-by-case approach to determine when c
• Williams v. State
  163 So. 3d 694· Fla. 4th DCA· 2015-04-29 ·cited 9×
  Anthony Williams was convicted after the trial court denied his request to represent himself, finding he lacked legal knowledge and competency. The Fourth District Court of Appeal reversed, holding that the trial court applied the wrong legal standard—competency to waive counsel
• Thompson v. State
  37 So. 3d 939· Fla. 2d DCA· 2010-06-11 ·cited 9×
  The appellate court reversed the revocation of a probationer's probation because the circuit court erred in denying his constitutional right to represent himself, despite concerns about his legal knowledge.
• Bryon Reddick v. State
  937 So. 2d 1279· Fla. 4th DCA· 2006-10-04 ·cited 8×
  Bryon Reddick was convicted of cocaine trafficking and cannabis possession after a jury trial. On appeal, the Fourth District Court of Appeal reversed and remanded because the trial court improperly denied Reddick's motions to proceed pro se by focusing on his competence rather t
• Dortch v. State
  651 So. 2d 154· Fla. 1st DCA· 1995-02-16 ·cited 8×
  A trial court's inquiry into a defendant's waiver of counsel must specifically advise the defendant of the seriousness of the charges against him, the potential sentence if found guilty, and the consequences of habitualization before permitting self-representation.
• United States v. Smith
  907 F.2d 42· 6th Cir.· 1990-07-03 ·cited 8×
  A defendant who knowingly and intelligently waives the right to counsel, including standby counsel, also relinquishes the right to access to a law library.
• Stano v. Dugger
  846 F.2d 1286· 11th Cir.· 1988-05-18 ·cited 8×
  The court held that the petitioner's claim that he proceeded pro se without a knowing and intelligent waiver of counsel is not frivolous and warrants further review.
• Bryan v. State
  345 So. 2d 1095· Fla. 2d DCA· 1977-05-06 ·cited 8×
  Richard Henry Bryan sought to vacate his 1964 escape conviction on the ground that he was not represented by counsel and had not knowingly and intelligently waived counsel. The Florida District Court of Appeal, Second District, reversed the trial court's denial of the motion with
• Malone v. State
  852 So. 2d 412· Fla. 5th DCA· 2003-08-22 ·cited 6×
  Angela Malone appeals her armed robbery conviction, arguing the trial court failed to properly inquire into her request to discharge her court-appointed attorney just before trial and then improperly allowed her to represent herself. The court reverses, holding that the trial cou
• Hadden v. State
  633 So. 2d 486· Fla. 1st DCA· 1994-03-01 ·cited 6×
  Edward Carol Hadden was convicted of shooting into an occupied vehicle while representing himself at trial. The Florida District Court of Appeal reversed his conviction because the trial court failed to conduct a thorough inquiry to establish that his waiver of the right to couns
• Stano v. Dugger
  889 F.2d 962· 11th Cir.· 1989-11-17 ·cited 6×
  The court held that the trial court erred in accepting the defendant's guilty plea, as it violated his Sixth Amendment right to counsel, either by failing to ensure a knowing waiver of counsel when he effectively proceeded pro se, or by accepting the plea when counsel's assistanc
• United States v. McFADDEN
  630 F.2d 963· 3d Cir.· 1980-09-15 ·cited 6×
  The court held that the trial judge did not commit reversible error by proceeding to trial with the defendant representing himself, with standby counsel, after the defendant discharged his second appointed attorney and insisted on self-representation.
• Ervin G. Taylor v. Hopper
  596 F.2d 1284· 5th Cir.· 1979-06-15 ·cited 6×
  The dissenting judge believes the record does not show the petitioner intelligently waived his Sixth Amendment right to counsel.
• United States v. McCASKILL
  585 F.2d 189· 6th Cir.· 1978-10-19 ·cited 6×
  The court held that the defendant knowingly and intelligently waived his right to counsel and was aware of the dangers of self-representation, and that the denial of a continuance was not an abuse of discretion.
• United States ex rel. James Slebodnik v. Commonwealth OF Pa.
  343 F.2d 605· 3d Cir.· 1965-03-25 ·cited 6×
  The court held that the petitioner was not adequately informed of his rights, including the right to counsel, and the nature and consequences of his guilty plea, thus his waiver was not intelligent and understanding.
• Jeffry R. Dickerson v. State
  228 So. 3d 658· Fla. 5th DCA· 2017-10-06 ·cited 5×
  Jeffry Dickerson appeals his convictions for aggravated stalking, burglary, false imprisonment, and aggravated assault with a firearm. The Florida Fifth District Court of Appeal reversed and remanded because the trial court failed to conduct a required Faretta inquiry before allo
• Williams v. State
  163 So. 3d 740· Fla. 1st DCA· 2015-05-01 ·cited 5×
  David Antonio Williams was convicted of battery and resisting a law enforcement officer but appeals, arguing the trial court improperly denied his request for self-representation. The Florida First District Court of Appeal reversed, holding that once a defendant makes an unequivo
• Morgan v. State
  991 So. 2d 984· Fla. 4th DCA· 2008-10-01 ·cited 4×
  Morgan appeals his convictions for attempted second-degree murder and aggravated assault, challenging the trial court's inadequate Faretta inquiry before permitting self-representation. The court reverses, holding that the trial judge failed to conduct a sufficient inquiry into M
• Turner v. State
  901 So. 2d 233· Fla. 5th DCA· 2005-04-15 ·cited 4×
  The appellate court affirmed the convictions and sentence for robbery, resisting an officer with violence, depriving an officer of protection or communication, and possession of cannabis, finding the trial court adequately conducted the Faretta hearing.
• Moore v. State
  820 So. 2d 442· Fla. 5th DCA· 2002-07-05 ·cited 4×
  Tyrone Moore sought habeas corpus relief, claiming his appellate counsel was ineffective for failing to challenge the trial court's denial of his request to proceed pro se. The court held that the trial court erred in denying Moore's self-representation request based on his perce
• Morris v. State
  707 So. 2d 1203· Fla. 4th DCA· 1998-04-15 ·cited 4×
  Affirmed sexual predator designation where trial court offered counsel at the predator hearing and defendant rejected it, satisfying Fla. R. Crim. P. 3.111(d)(5) without requiring full Faretta colloquy.
• Burns v. State
  573 So. 2d 1047· Fla. 4th DCA· 1991-02-06 ·cited 4×
• United States v. Aulden Edward Thomas
  536 F.2d 1253· 8th Cir.· 1976-07-01 ·cited 4×
  The court held that the case must be remanded for a hearing to determine if the defendant was deprived of counsel at a pretrial lineup without a valid waiver.
• Zackery Jack Richards v. State
  214 So. 2d 31· Fla. 2d DCA· 1968-09-18 ·cited 4×
  This case addresses whether a defendant who intelligently rejects legal representation, despite being warned of their inability to represent themselves, is entitled to appointed counsel. The court affirmed the conviction, holding that the defendant's knowing waiver of counsel was
• McGARRAH v. Dutton
  398 F.2d 829· 5th Cir.· 1968-07-24 ·cited 4×
  The court held that the State failed to meet its burden to prove a knowing waiver of counsel, requiring reversal of the habeas corpus denial.
• Simmons v. State
  175 So. 2d 215· Fla. 3d DCA· 1965-05-24 ·cited 4×
  Cecil Simmons appealed his conviction for grand larceny and uttering worthless checks, challenging the validity of his guilty plea entered without counsel. The Florida District Court of Appeal reversed because the trial court failed to inform him of his right to state-appointed c
• Cheney v. State
  236 So. 3d 500· Fla. 1st DCA· 2018-02-05 ·cited 3×
  A defendant abandons an initial request for self-representation when he expressly agrees to allow court-appointed counsel to continue representing him, and the trial court need not complete a Faretta inquiry or definitively rule on the request after such abandonment.
• Craven v. State
  310 So. 3d 891· Fla.· 2020-10-22 ·cited 2×
  Daniel Jacob Craven Jr. was convicted of first-degree premeditated murder for stabbing his cellmate to death with a homemade knife while serving a life sentence, and the Florida Supreme Court affirmed his death sentence. The court rejected Craven's various challenges to his convi
• Loor v. State
  240 So. 3d 136· Fla. 3d DCA· 2018-03-14 ·cited 2×
  A trial court abuses its discretion by denying a defendant's request for self-representation based on lack of legal education, poor writing style, or the severity of charges; the only valid basis to deny self-representation is a finding that the defendant suffers from severe ment
• D.V. v. Dep't of Child. & Families
  186 So. 3d 1101· Fla. 4th DCA· 2016-03-02 ·cited 2×
  A Florida appellate court reversed an order terminating a father's parental rights because the trial court failed to advise him of his statutory and constitutional right to counsel at the manifest best interests hearing and did not secure a knowing and intelligent waiver of that
• Ollman v. State
  696 So. 2d 409· Fla. 1st DCA· 1997-06-12 ·cited 2×
  The court held that the trial court failed to apply the correct standard in evaluating the defendant's request to proceed without counsel.
• Visage v. State
  679 So. 2d 735· Fla.· 1996-07-03 ·cited 2×
  The court held that it has jurisdiction to review the certified question but ultimately discharges jurisdiction because the parties agree on the established legal principle.
• Reese v. Crispus C. NIX
  942 F.2d 1276· 8th Cir.· 1991-08-22 ·cited 2×
• Fasenmyer v. State
  233 So. 2d 642· Fla. 2d DCA· 1970-04-03 ·cited 2×
  Fasenmyer appeals the denial of his petition to vacate a guilty plea conviction from 1956 on charges of breaking and entering and grand larceny. The court reversed because the record shows he did not knowingly and intelligently waive his right to counsel at both arraignment and s
• Spriggs v. State
  158 So. 2d 786· Fla. 1st DCA· 1963-11-26 ·cited 2×
  Bob Spriggs appealed a trial court's denial of his motion to vacate a guilty plea for forgery, arguing he had not intelligently waived his right to counsel. The appellate court affirmed the trial court's order, holding that Spriggs's knowing statement that he understood the charg
• Smith v. United States
  283 F.2d 245· 5th Cir.· 1960-10-19 ·cited 2×
  A motion to vacate a sentence under 28 U.S.C.A. § 2255 requires a hearing unless the petition and case records conclusively show the prisoner is entitled to no relief.
• Bova v. State
  311 So. 3d 1000· Fla. 5th DCA· 2021-02-04 ·cited 1×
  Joseph Frank Bova II was convicted of first-degree murder but appealed, arguing the trial court improperly denied his request to represent himself pro se. The Fifth District reversed, holding that the trial court applied an incorrect legal standard—focusing on the competence to e
• LaJeffery Reeves v. State
  987 So. 2d 103· Fla. 5th DCA· 2008-06-13 ·cited 1×
  LaJeffery Reeves appeals his conviction for arson and burglary, challenging the trial court's findings that he was competent to stand trial and competent to waive his right to counsel for self-representation. The Fifth District Court of Appeal affirms, holding that the trial cour
• Evans v. State
  Fla. 3d DCA· 2026-01-21
  A trial court's failure to conduct a Faretta inquiry following a defendant's unequivocal request for self-representation constitutes per se reversible error. Once a defendant makes an unequivocal request for self-representation, the trial court is obligated to hold a hearing to d
• Isaaih X Ash v. State
  Fla. 1st DCA· 2025-06-04
  An appellate court must maintain its neutral role and cannot reverse a judgment based on issues it raises sua sponte when the appellant has failed to meaningfully brief those issues, even in the context of an Anders brief review. The court certified a question of great public imp
• Smith v. State
  Fla. 2d DCA· 2023-06-16
  The appellate court found that Teddy Smith's appellate counsel was ineffective for failing to challenge the trial court's improper denial of his motion to proceed pro se. The court reversed Smith's conviction and remanded for a new trial.
• Cousineau v. Comm'r of Soc. Sec.
  M.D. Fla.· 2022-06-29
  The court held that the ALJ failed to ensure the claimant knowingly and intelligently waived her right to counsel, triggering a heightened duty to develop the record, and that the claimant suffered prejudice due to evidentiary gaps.
• Erskine McKinley v. State
  261 So. 3d 599· Fla. 4th DCA· 2019-01-09
  Erskine James McKinley, Jr. appealed his convictions for two counts of attempted first-degree murder with a firearm. McKinley raised four issues on appeal, and the court affirmed three without comment but reversed on the issue of the trial court's failure to respond to his reques
• Clark v. State
  262 So. 3d 251· Fla. 5th DCA· 2018-12-28
  A defendant who makes an unequivocal request for self-representation and demonstrates through testimony that he is literate, competent, and understands the advantages of counsel and disadvantages of self-representation is constitutionally entitled to represent himself, and denial
• Scott v. State
  241 So. 3d 977· Fla. 5th DCA· 2018-04-06
  Wayne Scott appealed his judgment and sentence for violating probation after pleading guilty pro se. The Florida District Court of Appeal, Fifth District reversed, finding that the trial court failed to conduct an adequate Faretta inquiry to ensure Scott knowingly and intelligent
• Scott v. State
  Fla. 5th DCA· 2018-04-02
  A trial court must conduct a thorough Faretta inquiry that addresses the defendant's mental capacity, the dangers and disadvantages of self-representation, possible consequences of charges, and other relevant factors before accepting a waiver of the right to counsel.