Knowing And Intelligent Waiver Of Counsel

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

• Davis v. State
  230 So. 3d 948· Fla. 2d DCA· 2017-11-22
  Jerome Davis was convicted of burglary with assault or battery, false imprisonment, and stalking, and sentenced to life plus additional prison terms. The Florida Second District Court of Appeal reversed and remanded for a new trial because the trial court failed to conduct adequa
• Bain v. State
  194 So. 3d 573· Fla. 3d DCA· 2016-06-29
• S.H. v. State
  933 So. 2d 1250· Fla. 1st DCA· 2006-07-20
• D.K. v. State
  881 So. 2d 50· Fla. 4th DCA· 2004-08-18
  The court held that a juvenile's waiver of counsel is inadequate if the consent form does not name the specific certified law student representing them.
• Butler v. State
  767 So. 2d 534· Fla. 4th DCA· 2000-08-16
  Philip Butler, an experienced criminal defense attorney with 25 years of experience, was convicted of bribery and related offenses after representing himself at trial without a formal Faretta inquiry. The court affirmed the conviction, holding that while attorney-defendants must
• United States v. Ramsey
  992 F.2d 831· 8th Cir.· 1993-05-07
  The court held that the defendant's convictions for failing to comply with officer directions, disorderly conduct, and distributing handbills without a permit were valid, and the probation condition requiring compliance with tax laws was not an abuse of discretion.
• Hendricks v. Zenon
  993 F.2d 664· 9th Cir.· 1993-04-22
  The court held that the Oregon Court of Appeals violated the defendant's Sixth Amendment right to effective assistance of counsel by denying his motion for substitution of counsel and forcing him to proceed pro se without a knowing and intelligent waiver.
• Wilks v. State
  528 So. 2d 1302· Fla. 1st DCA· 1988-08-02
  Milton Anthony Wilks appealed his conviction for burglary and grand theft, raising a peremptory challenge issue regarding jury selection. The appellate court denied his court-appointed counsel's motion to withdraw without first ensuring Wilks understood the consequences of procee
• In the Interest of D. C. T.
  347 So. 2d 687· Fla. 4th DCA· 1977-06-10
• Salesky v. State
  484 F.2d 68· 5th Cir.· 1973-09-17
  The court held that an evidentiary hearing is necessary to resolve a conflict in the record regarding the petitioner's statement about waiving counsel.
• Hunter v. United States
  421 F.2d 130· 5th Cir.· 1970-01-16
  The court held that the district court did not err in denying the motion to vacate sentence, as its factual findings were supported and its legal conclusions were sound.
• Walls v. State
  199 So. 2d 724· Fla.· 1967-05-31
  Richard Walls petitioned for habeas corpus challenging his 1961 guilty plea conviction for breaking and entering and petit larceny. The Florida Supreme Court vacated his conviction, finding that he was denied his constitutional right to counsel without a knowing and intelligent w
• Cruz v. United States
  368 F.2d 783· 4th Cir.· 1966-10-31
  The court held that the petitioner was not entitled to relief on the merits, despite a potential jurisdictional question regarding his custody status.
• Gentry v. State
  186 So. 2d 531· Fla. 1st DCA· 1966-05-12
  Gentry appeals the trial court's denial of his motion to correct court records and vacate his 1951 armed robbery conviction, claiming he lacked counsel at arraignment and sentencing despite records indicating otherwise. The appellate court reverses and remands for a hearing after
• Oran F. Hudspeth v. Tinsley
  341 F.2d 293· 10th Cir.· 1965-02-03
  The court held that the state trial court did not err in finding that the appellant voluntarily and intelligently waived his right to counsel and entered a guilty plea.