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

• Patton v. State OF N.C.
  315 F.2d 643· 4th Cir.· 1963-03-25 ·cited 6×·via Intelligent And Understanding Waiver
• United States v. Lavelle
  306 F.2d 216· 2d Cir.· 1962-07-09 ·cited 6×
  The court held that the facts found were insufficient as a matter of law to establish a knowing and intelligent waiver of the right to counsel.
• Twilegar v. State
  228 So. 3d 550· Fla.· 2017-11-02 ·cited 5×
  Florida Supreme Court affirmed denial of successive postconviction relief where defendant who waived penalty phase jury cannot invoke Hurst protections requiring jury sentencing in capital cases.
• Jeffry R. Dickerson v. State
  228 So. 3d 658· Fla. 5th DCA· 2017-10-06 ·cited 5×·via Knowing And Intelligent Waiver Of Counsel
  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
• Reynoldo Martin-Godinez v. State
  225 So. 3d 926· Fla. 1st DCA· 2017-08-15 ·cited 5×
  The court held that the trial court did not err in denying the motion to suppress statements made by the appellant, as the totality of the circumstances supported a knowing and voluntary waiver of his Miranda rights.
• Sonny Eric Pierce v. State
  221 So. 3d 1218· Fla. 1st DCA· 2017-06-06 ·cited 5×
  Pierce appeals his conviction for attempted second-degree murder, challenging the trial court's denial of his motion to suppress statements made during custodial interrogation. The Florida First District Court of Appeal reversed and remanded for a new trial, finding that Pierce's
• Williams v. State
  163 So. 3d 740· Fla. 1st DCA· 2015-05-01 ·cited 5×·via Knowing And Intelligent Waiver Of Counsel
  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
• Betts v. State
  157 So. 3d 376· Fla. 2d DCA· 2015-01-30 ·cited 5×
  Eugene Betts petitioned for relief from ineffective assistance of appellate counsel, claiming his appellate counsel failed to raise trial court errors regarding his unequivocal requests to proceed pro se. The court granted the petition as to two grounds, finding the trial court c
• Chavers v. State
  115 So. 3d 1017· Fla. 1st DCA· 2013-05-09 ·cited 5×
  The court held that the trial court erred in denying suppression of the defendant's statements because the defendant's waiver of his Miranda rights was not knowing and intelligent, and that the omission of a second-degree murder jury instruction constituted fundamental error.
• Amquip Crane Rental, LLC v. Vercon Constr. Mgmt., Inc.
  60 So. 3d 536· Fla. 4th DCA· 2011-05-04 ·cited 5×
  Amquip, the lessor in a equipment lease, appealed the trial court's decision to deny its demand for a jury trial. The court reversed, holding that the lease's forum selection clause, which explicitly stated only the lessee waived the right to jury trial, did not operate to waive
• Benitez v. State
  952 So. 2d 1275· Fla. 2d DCA· 2007-04-13 ·cited 5×
  Jose Benitez appeals his convictions for burglary, grand theft, and other crimes after pleading guilty while reserving his right to challenge the denial of his motion to suppress his confession. The court affirmed the trial court's finding of reasonable suspicion for the stop but
• Bloodsaw v. State
  949 So. 2d 1119· Fla. 3d DCA· 2007-02-21 ·cited 5×
  Derrick Bloodsaw appeals his conviction for burglary, arguing the trial court failed to renew its offer of counsel at the start of trial as required by Florida Rule of Criminal Procedure 3.111(d)(5). The appellate court affirms, finding that any failure to renew the offer was har
• Merrill E. Fields v. Attorney Gen. OF the State OF Md.
  956 F.2d 1290· 4th Cir.· 1992-02-26 ·cited 5×
  A voluntary and intelligent guilty plea generally bars collateral review of antecedent constitutional claims, and the defendant failed to demonstrate prejudice or an actual conflict of interest for his ineffective assistance of counsel claim.
• United States v. Davis
  954 F.2d 182· 4th Cir.· 1992-01-09 ·cited 5×
  The court held that the defendant's guilty plea was voluntary, his waiver of appellate rights was knowing and intelligent, and he waived his right to appeal the principle of specialty issue by failing to raise it below.
• Williams v. Meachum
  948 F.2d 863· 2d Cir.· 1991-11-07 ·cited 5×
  A defendant's waiver of the Sixth Amendment right to conflict-free counsel is valid if it is a knowing and intelligent choice, even if the trial court does not strictly follow model procedures, as long as the defendant understands the risks and consequences.
• United States v. Jimenez
  789 F.2d 167· 2d Cir.· 1986-04-30 ·cited 5×
  The court held that the district court erred by failing to make a finding as to whether the defendant made a knowing and intelligent waiver of his Fifth Amendment right against self-incrimination.
• State v. F. E. J.
  399 So. 2d 47· Fla. 5th DCA· 1981-05-20 ·cited 5×
  A juvenile with sufficient age, intelligence, education, and experience to comprehend Miranda warnings may knowingly and voluntarily waive those rights and make an admissible confession without the presence or consent of counsel, parents, or responsible adults if the child demons
• Rodriguez v. State
  287 So. 2d 395· Fla. 3d DCA· 1973-12-21 ·cited 5×
  Pedro Rivera Rodriguez was convicted of manslaughter after a bench trial on a first-degree murder charge and sentenced to seven years. On appeal, the court reversed and remanded for a new trial, finding that the trial judge should have suppressed two statements Rodriguez made to
• Gov't of the Virgin Islands v. Raphael Parrott
  476 F.2d 1058· 3d Cir.· 1973-04-18 ·cited 5×
  The court held that the defendant's failure to demand a jury trial, as required by the Revised Organic Act of the Virgin Islands, constituted a waiver of his right to a jury trial, even without an express written waiver.
• Hooks v. State
  236 So. 3d 1122· Fla. 1st DCA· 2017-12-06 ·cited 4×
  Sylvester Hooks appeals his conviction and probation violation sentence, challenging the adequacy of the trial court's Faretta inquiry into his waiver of counsel and the denial of his motion to suppress evidence. The appellate court affirms the conviction and sentence, holding th
• Elton L. Lowery v. State
  201 So. 3d 791· Fla. 4th DCA· 2016-10-05 ·cited 4×
  The court held that the trial court erred in allowing the defendant to represent himself without a proper inquiry, but did not err in denying the motion to suppress statements made during custodial interrogation.
• Wilson v. State
  201 So. 3d 203· Fla. 2d DCA· 2016-09-28 ·cited 4×
  The court held that the trial court erred by denying the defendant's request to represent himself based on his lack of legal qualifications, rather than determining if the waiver of counsel was knowing and voluntary.
• State v. Hineline
  159 So. 3d 293· Fla. 1st DCA· 2015-03-05 ·cited 4×
  The State appeals a trial court's suppression of statements obtained from Hineline after he asked whether he needed a lawyer. The appellate court reversed, holding that the detective's response adequately addressed the prefatory question and complied with the three-prong test fro
• Lamont Davis v. State
  153 So. 3d 360· Fla. 4th DCA· 2014-12-17 ·cited 4×
  Lamont Davis was convicted of felony murder, armed burglary, and other crimes in connection with a 2010 home robbery and killing in Port St. Lucie, Florida. He appealed arguing Miranda violations in his confession, improper use of suppressed statements in a search warrant affidav
• Sparaga v. State
  111 So. 3d 260· Fla. 1st DCA· 2013-04-16 ·cited 4×
  Carlos Sparaga appeals his probation violation conviction, challenging the trial court's failure to conduct a proper Faretta hearing before requiring him to proceed without counsel. The court reversed and remanded, holding that when a defendant neither clearly asserts self-repres
• Vollmer v. State
  101 So. 3d 383· Fla. 2d DCA· 2012-11-07 ·cited 4×
  The trial court's inquiry into the defendant's request to represent himself was sufficient, but the offer of counsel was not renewed at sentencing, requiring a remand for resentencing.
• Corkidi v. Franco Invs., LLC
  100 So. 3d 91· Fla. 3d DCA· 2012-07-18 ·cited 4×
  In a breach of fiduciary duty and civil theft case, the court affirmed the jury verdict against five defendants but reversed and remanded as to defendant Jacques Aghion due to a due process violation stemming from his absence at trial and inability to knowingly waive his constitu
• Lewis v. State
  31 So. 3d 944· Fla. 1st DCA· 2010-04-07 ·cited 4×
• Morgan v. State
  991 So. 2d 984· Fla. 4th DCA· 2008-10-01 ·cited 4×·via Knowing And Intelligent Waiver Of Counsel
  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
• Seward v. State
  973 So. 2d 578· Fla. 2d DCA· 2008-01-04 ·cited 4×
  Ronnie Lee Seward's criminal conviction was reversed because the Miranda warnings given to him were deficient—they failed to expressly advise him of his right to have counsel present during questioning. The appellate court followed controlling precedent from Powell v. State and c
• Jones v. Walker
  496 F.3d 1216· 11th Cir.· 2007-08-22 ·cited 4×
  The Eleventh Circuit reversed the district court's denial of habeas corpus relief, finding that the appellant, Melvin C. Jones, was denied his Sixth Amendment right to counsel. The court held that Jones did not "clearly and unequivocally" assert his right to self-representation,
• Brown v. State
  953 So. 2d 688· Fla. 1st DCA· 2007-04-04 ·cited 4×
  The court held that a patient's waiver of presence at a commitment hearing must be knowing, intelligent, and voluntary, and the court below failed to certify this.
• Leach v. State
  914 So. 2d 519· Fla. 4th DCA· 2005-11-23 ·cited 4×
  Theodore Leach appeals his grand theft conviction, challenging the validity of his waiver of the right to appeal entered as part of a post-conviction sentencing bargain. The court affirms, holding that Florida law permits defendants to waive their constitutional right to appeal a
• Turner v. State
  901 So. 2d 233· Fla. 5th DCA· 2005-04-15 ·cited 4×·via Knowing And Intelligent Waiver Of Counsel
  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.
• Brown v. Crosby
  249 F. Supp. 2d 1285· S.D. Fla.· 2003-03-19 ·cited 4×
  The Court found that the Petitioner's waiver of his Miranda rights was not knowing and intelligent due to his severe intellectual deficits, and therefore his confession should have been suppressed.
• 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
• V.S.J. v. State
  793 So. 2d 104· Fla. 2d DCA· 2001-08-17 ·cited 4×
  A juvenile court reversed V.S.J.'s delinquency adjudication and commitment to the Department of Juvenile Justice because the trial court failed to adequately advise her of her right to counsel and did not obtain a knowing and intelligent waiver of counsel before accepting her no-
• Tarver v. State
  741 So. 2d 551· Fla. 4th DCA· 1999-07-28 ·cited 4×
  The court held that the defendant's absence from a jury inquiry regarding alleged misconduct, without a knowing and voluntary waiver, constituted error, but this error was harmless beyond a reasonable doubt.
• State v. Williams
  731 So. 2d 635· Fla.· 1998-10-29 ·cited 4×
  The Florida Supreme Court held that the 1997 amendment to Florida Rule of Criminal Procedure 3.180(b) cannot be applied retroactively to cases where jury selection occurred before the amendment's effective date of January 1, 1997. The Court also clarified that a valid waiver of a
• Morris v. State
  707 So. 2d 1203· Fla. 4th DCA· 1998-04-15 ·cited 4×·via Knowing And Intelligent Waiver Of Counsel
  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.
• State v. Harrell Elmore Franko, Jr.
  681 So. 2d 834· Fla. 1st DCA· 1996-10-15 ·cited 4×
  Florida's appeal of a suppression order is affirmed because the trial court properly found the defendant's confession was not freely and voluntarily given, and appellate review cannot reweigh the trial court's credibility determinations.
• Nerey v. State
  634 So. 2d 206· Fla. 3d DCA· 1994-03-22 ·cited 4×
  Nerey petitioned for habeas corpus relief claiming his appellate counsel was ineffective for failing to raise a Miranda waiver issue on appeal. The Florida District Court of Appeal, Third District, denied the petition, holding that appellate counsel has discretion to focus on str
• Harrison Wayne Stermer v. State
  609 So. 2d 80· Fla. 5th DCA· 1992-11-20 ·cited 4×
  A trial court must conduct a thorough inquiry into a defendant's comprehension and capacity to waive the right to counsel, especially when imprisonment is a potential penalty.
• United States v. Turner
  975 F.2d 490· 8th Cir.· 1992-09-14 ·cited 4×
  The court held that the defendants' convictions were supported by sufficient evidence and that the trial court did not err in denying mistrial or severance motions, nor in its jury instructions or sentencing calculations.
• Adams v. Aiken
  965 F.2d 1306· 4th Cir.· 1992-05-19 ·cited 4×
  The court held that the jury instructions on reasonable doubt announced a new rule not retroactively applicable to this habeas corpus case, and that the defendant was competent throughout his trial. The court also found that the confession was admissible and that no Brady violati
• United States v. Gyan Parkash Syal
  963 F.2d 900· 6th Cir.· 1992-05-11 ·cited 4×
  The court held that the district court's failure to inform the defendant of the elements of the offense and the consequences of supervised release during the plea colloquy constituted a violation of Rule 11 that was not harmless error.
• United States v. Reilley
  948 F.2d 648· 10th Cir.· 1991-10-28 ·cited 4×
  A conditionally suspended sentence of imprisonment triggers the Sixth Amendment right to counsel, and Federal Rule of Criminal Procedure 44(a) is coextensive with this right. Therefore, a defendant denied counsel cannot be subjected to a suspended prison sentence.
• United States v. LaFROMBOIS
  943 F.2d 914· 8th Cir.· 1991-09-10 ·cited 4×
  The court held that the district court did not err in calculating the criminal history category by including prior convictions, as the waiver of counsel was knowing and intelligent.
• United States v. Ceno Muca
  945 F.2d 88· 4th Cir.· 1991-09-04 ·cited 4×
  A knowing and intelligent waiver of Miranda rights is sufficient to waive the post-indictment Sixth Amendment right to counsel, even if the defendant is not specifically informed of the indictment.
• United States v. Colston
  936 F.2d 312· 7th Cir.· 1991-07-03 ·cited 4×
  The court held that inconsistencies in a witness's testimony do not automatically render it incredible, and a jury may accept parts of the testimony while rejecting others. The court also held that a guilty plea is valid for sentence enhancement if it is shown to be intelligent a