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

• T.S.D. v. State
  741 So. 2d 1142· Fla. 3d DCA· 1999-05-12 ·cited 11×
  A 12-year-old juvenile with an IQ of 62 appeals his delinquency adjudication based on a confession he made after police read him Miranda rights. The court reversed, finding the juvenile's Miranda waiver was not knowing and intelligent because he could not comprehend the right to
• Morris v. State
  680 So. 2d 544· Fla. 1st DCA· 1996-07-16 ·cited 11×
  The court held that an oral waiver of a jury trial requires a colloquy to ensure it is voluntary, knowing, and intelligent.
• United States ex rel. Robert Gorham v. Franzen
  675 F.2d 932· 7th Cir.· 1982-04-19 ·cited 11×
  The court held that the petitioner established a prima facie case that the state appellate court's finding was not fairly supported by the record, warranting further review.
• In re Bryan
  645 F.2d 331· 5th Cir.· 1981-05-18 ·cited 11×
  A plea agreement to testify does not automatically waive the Fifth Amendment privilege against self-incrimination for future grand jury testimony.
• Donald v. State
  166 So. 2d 453· Fla. 2d DCA· 1964-06-03 ·cited 11×·via Intelligent And Understanding Waiver
  Edward Reid Donald appeals his felony convictions for escape from jail. The court reverses his conviction in one case (the only one within its jurisdiction) because he was tried without counsel after his Public Defender withdrew, and the trial court failed to appoint replacement
• Criser v. United States
  319 F.2d 849· 10th Cir.· 1963-07-15 ·cited 11×
  The court held that a defendant's guilty plea, voluntarily and intelligently entered, cannot be withdrawn based on counsel's alleged assurances that the federal sentence would run concurrently with a state sentence.
• United States v. Saleem Hakim
  30 F.4th 1310· 11th Cir.· 2022-04-14 ·cited 10×
  Saleem Hakim was convicted of three misdemeanor counts of willful failure to file federal income tax returns after he waived his right to counsel and initially represented himself before a magistrate judge gave him materially incorrect information that he faced a maximum of one y
• 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
• C.C.N. v. State
  1 So. 3d 1151· Fla. 2d DCA· 2009-01-21 ·cited 10×
  C.C.N. appeals an order of restitution imposed after his guilty plea to burglary of a conveyance. The trial court held a restitution hearing without C.C.N.'s presence and without establishing a knowing, intelligent, and voluntary waiver of his constitutional right to attend. The
• State v. Modeste
  987 So. 2d 787· Fla. 5th DCA· 2008-08-08 ·cited 10×
  The State appeals a suppression order regarding statements made by Joseph Modeste during a murder investigation. The Fifth District Court of Appeal reversed the trial court's suppression order, holding that Miranda warnings need not expressly state that a suspect has the right to
• State v. Roman
  983 So. 2d 731· Fla. 3d DCA· 2008-06-11 ·cited 10×
  The State appealed a trial court's suppression of a minor's confession, arguing that despite imperfect Miranda procedures, the defendant's waiver was knowing, intelligent, and voluntary. The appellate court reversed, holding that the execution of a written rights waiver form, com
• Wheeler v. State
  839 So. 2d 770· Fla. 4th DCA· 2003-02-05 ·cited 10×
  Mary Wheeler was convicted of perjury after representing herself at trial. She appealed, claiming the trial court abused its discretion by failing to reappoint counsel after she allegedly retracted her Faretta waiver. The court affirmed, holding that Wheeler's waiver of counsel w
• B.F. v. State
  747 So. 2d 1061· Fla. 5th DCA· 2000-01-14 ·cited 10×·via Knowing And Intelligent Waiver Of Counsel
  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
• United States v. Proa-Tovar
  975 F.2d 592· 9th Cir.· 1992-09-14 ·cited 10×
  A defendant seeking to exclude a deportation order in a prosecution for illegal reentry must demonstrate prejudice resulting from the deprivation of direct appeal rights, not just the deprivation itself.
• United States v. Briggs
  939 F.2d 222· 5th Cir.· 1991-08-02 ·cited 10×·via Knowing And Intelligent Guilty Plea
  The court held that a defendant's allegations, if true, could support a due process claim that her guilty plea was not knowing and intelligent because the conduct for which she was convicted did not constitute bank fraud under the statute.
• Taylor v. Whitley
  933 F.2d 325· 5th Cir.· 1991-06-13 ·cited 10×
  A voluntary and intelligent guilty plea waives the right to collaterally attack convictions on double jeopardy grounds, unless the violation is apparent on the face of the indictment or record.
• Smith v. Zant
  855 F.2d 712· 11th Cir.· 1988-08-26 ·cited 10×·via Intelligent Waiver
  The court held that the defendant did not intelligently waive his Miranda rights due to his mental limitations and the circumstances of the interrogation, and that the admission of his confession was not harmless error as to his conviction for malice murder and armed robbery.
• Sparks v. Sowders
  852 F.2d 882· 6th Cir.· 1988-08-04 ·cited 10×
  The court held that a petitioner is entitled to an evidentiary hearing on an ineffective assistance of counsel claim when alleging gross misadvice concerning parole eligibility that affected his guilty plea.
• Smith v. State
  512 So. 2d 291· Fla. 1st DCA· 1987-09-09 ·cited 10×·via Intelligent Waiver
  The court held that a trial court's failure to make a sufficient inquiry into whether a defendant knowingly and intelligently waived their right to counsel constitutes reversible error.
• Leaman v. Ohio Dep't OF Mental Retardation & Dev. Disabilities
  825 F.2d 946· 6th Cir.· 1987-07-23 ·cited 10×
  The court held that the plaintiff's voluntary election to sue in the Ohio Court of Claims constituted a waiver of her federal claims against state employees, as the Ohio statute provided a reasonable alternative forum and remedy.
• Evans v. Raines
  800 F.2d 884· 9th Cir.· 1986-09-23 ·cited 10×
  State court findings on competency to waive counsel and the knowing and intelligent nature of that waiver, if fairly supported by the record, are entitled to a presumption of correctness in federal habeas proceedings.
• Burbine v. Moran
  753 F.2d 178· 1st Cir.· 1985-01-25 ·cited 10×
  The court held that the failure to inform a suspect in custody that his attorney was seeking to see him, when coupled with misleading information given to the attorney, vitiated the suspect's waiver of his Fifth Amendment right to counsel during questioning.
• Schafer v. State
  459 So. 2d 1138· Fla. 5th DCA· 1984-11-23 ·cited 10×
  Gary Wayne Schafer appeals his conviction, arguing the trial court violated his constitutional right to self-representation by refusing his requests to proceed pro se without adequately inquiring whether he was making a knowing and intelligent waiver of counsel. The court reverse
• United States v. Mitchell
  736 F.2d 1299· 9th Cir.· 1984-07-02 ·cited 10×
  The court held that a defendant's consent to a mistrial, even if based on incomplete information, does not bar retrial unless the government's conduct was specifically intended to provoke the mistrial. The court affirmed the denial of the motion to dismiss the indictment.
• United States v. Gillyard
  726 F.2d 1426· 9th Cir.· 1984-02-28 ·cited 10×
  The court held that the record sustained the district court's finding that the defendant had not validly waived his Miranda rights, despite initial warnings before a polygraph examination.
• Elroy Lynn Wabasha v. Solem
  694 F.2d 155· 8th Cir.· 1982-12-01 ·cited 10×
  The court held that the defendant did not knowingly and intelligently waive his right to counsel because the trial court's inquiry was perfunctory and lacked a penetrating discussion of the consequences.
• Ashby v. Wyrick
  693 F.2d 789· 8th Cir.· 1982-11-30 ·cited 10×
  The court emphasizes that procedural rules in post-conviction proceedings should not be rigidly applied, especially when constitutional rights are implicated, to avoid injustice and promote efficiency.
• Johnson v. United States
  650 F.2d 1· 1st Cir.· 1981-05-28 ·cited 10×
  A guilty plea is not rendered unintelligent by later application of revised parole guidelines, especially when the defendant's own actions, such as becoming a fugitive, render initial parole calculations irrelevant.
• The Cont'l Ins. Co. v. Roth
  388 So. 2d 617· Fla. 3d DCA· 1980-09-23 ·cited 10×
  Any named insured in a policy can reject uninsured motorist (U/M) coverage for all insureds, named or additional.
• United States v. Smith
  608 F.2d 1011· 4th Cir.· 1979-11-09 ·cited 10×
  The court held that the defendant effectively waived his Miranda rights, as his statement was voluntary, knowing, and intelligent, and his right to cut off questioning was scrupulously honored.
• 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×·via Knowing And Intelligent Waiver Of Counsel
  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
• United States v. King
  582 F.2d 888· 4th Cir.· 1978-09-22 ·cited 10×
  The court held that the trial judge adequately inquired into the defendant's waiver of counsel and that informing the jury about the bifurcated trial was not an abuse of discretion.
• United States v. Jackson
  563 F.2d 1145· 4th Cir.· 1977-10-18 ·cited 10×
  A district court's refusal to consider a plea agreement's sentence recommendation does not vitiate a guilty plea entered knowingly and voluntarily.
• Armstrong v. Egeler
  563 F.2d 796· 6th Cir.· 1977-10-10 ·cited 10×
  A criminal defendant's guilty plea is constitutionally invalid if made without understanding that he will be ineligible for parole, as this constitutes a failure to understand the consequences of the plea.
• United States v. Ellis
  457 F.2d 1204· 8th Cir.· 1972-04-21 ·cited 10×
  The court held that the defendant knowingly and intelligently waived his Miranda rights, despite refusing to sign a written waiver, because he voluntarily agreed to speak with the FBI agent after being informed of his rights.
• United States v. Sudduth
  458 F.2d 1222· 10th Cir.· 1972-04-20 ·cited 10×
  The court held that a substance containing any measurable amount of heroin is sufficient for conviction, and that the defendant knowingly and intelligently waived his right to claim inadequate counsel by electing to proceed with the trial after being offered a mistrial.
• United States v. Rubie C. Jenkins
  440 F.2d 574· 7th Cir.· 1971-03-25 ·cited 10×
  The court held that the government failed to prove the appellant knowingly and intelligently waived his Miranda rights after refusing to sign a waiver form, and thus his subsequent statements were inadmissible.
• United States v. Osterburg
  423 F.2d 704· 9th Cir.· 1970-02-24 ·cited 10×
  The court held that the defendant's oral statements were admissible because he was properly advised of his Miranda rights and made a knowing and intelligent waiver, despite not providing written acknowledgment.
• United States v. McPHERSON
  421 F.2d 1127· D.C. Cir.· 1969-10-02 ·cited 10×
  The court held that a defendant's voluntary absence from trial does not waive their right to be present unless they are adequately informed that the trial will continue without them.
• Stubblefield v. Beto
  399 F.2d 424· 5th Cir.· 1968-07-24 ·cited 10×
  The court held that the appellant intelligently and competently waived his right to counsel when pleading guilty to a misdemeanor charge.
• Jewell C. Beasley v. Wilson
  370 F.2d 320· 9th Cir.· 1966-12-22 ·cited 10×
  The court held that the district court's finding that the appellant knowingly and intelligently waived his right to counsel was supported by the evidence.
• Martin v. United States
  364 F.2d 894· C.C.P.A.· 1966-08-12 ·cited 10×
  The court held that a defendant's voluntary guilty plea waives claims about the minor nature of his role in the offense, and sentence disparity with a co-defendant is not an abuse of discretion if within legal limits.
• Kagen v. United States
  360 F.2d 30· 10th Cir.· 1966-04-19 ·cited 10×
  The court held that a prisoner not yet in custody for a federal sentence cannot use 28 U.S.C. § 2255 to attack that sentence, but may pursue relief via writ of error coram nobis if justice compels.
• Hatcher v. United States
  352 F.2d 364· D.C. Cir.· 1965-07-02 ·cited 10×·via Intelligent Waiver
  The court affirmed the conviction, finding the evidence sufficient to support the jury's verdict despite questions about the defendant's mental state and the jury waiver process.
• Mason v. State
  167 So. 2d 618· Fla. 1st DCA· 1964-10-01 ·cited 10×
  Henry Mason challenged his 1962 25-year sentence for armed robbery via collateral motion, claiming he did not knowingly and intelligently waive his right to counsel when he entered his guilty plea. The Florida appellate court affirmed the trial court's denial of the motion, holdi
• Adkins v. Sanford
  120 F.2d 471· 5th Cir.· 1941-06-09 ·cited 10×·via Intelligent Waiver
  The Sixth Amendment does not require appointment of counsel for a defendant who makes no request, admits guilt, pleads guilty knowingly, and only complains that a lawyer might have secured a lighter sentence.
• Williams v. State
  163 So. 3d 694· Fla. 4th DCA· 2015-04-29 ·cited 9×·via Knowing And Intelligent Waiver Of Counsel
  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
• Robertson v. State
  143 So. 3d 907· Fla.· 2014-07-10 ·cited 9×
  The Florida Supreme Court denied appellate counsel's motion to withdraw from representing a death-row inmate who wished to argue in favor of his own death sentence. The Court held that mandatory appellate review of capital sentences is constitutionally and statutorily required re