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

• Gilbert v. A.L. Lockhart
  930 F.2d 1356· 8th Cir.· 1991-04-19 ·cited 4×
  The court held that the appellant did not make a knowing and intelligent waiver of his right to counsel because he was forced to choose between proceeding pro se or with unprepared counsel, and the state trial court failed to adequately advise him of the perils of self-representa
• Burns v. State
  573 So. 2d 1047· Fla. 4th DCA· 1991-02-06 ·cited 4×·via Knowing And Intelligent Waiver Of Counsel
• Lopez-Nieves v. United States
  917 F.2d 645· 1st Cir.· 1990-10-29 ·cited 4×
  The court held that the appellant's claims of ineffective assistance of counsel and an invalid guilty plea lacked merit, and the district court properly denied his motion to vacate his sentence.
• United States v. Robinson
  913 F.2d 712· 9th Cir.· 1990-08-31 ·cited 4×
  The court held that a defendant's waiver of counsel must be knowing, intelligent, and voluntary, and that a defendant is entitled to appointed counsel at sentencing even after waiving counsel at trial, absent a showing of bad faith.
• Hale v. A.L. Lockhart
  903 F.2d 545· 8th Cir.· 1990-05-10 ·cited 4×
  The court held that neither the delay in processing the habeas petition nor the alleged ineffective assistance of counsel or involuntary guilty plea warranted relief.
• United States v. ANT
  882 F.2d 1389· 9th Cir.· 1989-07-27 ·cited 4×
  The court held that a guilty plea entered in tribal court, which complied with tribal law and the Indian Civil Rights Act (ICRA), should not be suppressed in federal court.
• Neal v. The State OF Tex.
  870 F.2d 312· 5th Cir.· 1989-04-19 ·cited 4×
  The court held that the prisoner's constitutional rights to counsel and due process were not violated by the trial court's denial of a continuance or the forced proceeding to trial pro se, and that the evidence was sufficient for conviction.
• Mack v. State
  537 So. 2d 109· Fla.· 1989-01-12 ·cited 4×
  The Florida Supreme Court reversed a capital murder conviction and death sentence because the defendant did not personally waive his right to jury instructions on lesser included offenses. Although defense counsel waived the instructions on the defendant's behalf, the court requi
• Dung Thai Tran v. A.L. Lockhart
  849 F.2d 1064· 8th Cir.· 1988-06-13 ·cited 4×
  The dissenting judge would vacate the judgment dismissing the writ and remand for an evidentiary hearing.
• Catarino Gonzales, Jr. v. Grammer
  848 F.2d 894· 8th Cir.· 1988-06-07 ·cited 4×
  The court held that the prior guilty pleas were not entered in accord with due process, as the defendant was not sufficiently informed of his constitutional rights to make an intelligent choice.
• McDONALD v. Black
  820 F.2d 260· 8th Cir.· 1987-06-01 ·cited 4×
  The court held that a state's failure to comply with parental notification statutes, even if proven, does not automatically violate a juvenile's due process rights unless it renders the trial fundamentally unfair. Furthermore, the court affirmed that the juvenile's waiver of his
• Blackwelder v. State
  489 So. 2d 95· Fla. 2d DCA· 1986-04-30 ·cited 4×
  The court held that a defendant's affirmative agreement to proceed with fewer than twelve jurors, even without a written waiver, is valid in a postconviction relief proceeding if the issue was not raised on direct appeal.
• Abelino Rodriguez v. Ricketts
  777 F.2d 527· 9th Cir.· 1985-12-02 ·cited 4×
  The court held that the Due Process Clause does not require state courts to establish a factual basis for a guilty plea absent special circumstances, and that no conflict of interest affected the adequacy of appellate representation.
• Sampson v. State
  466 So. 2d 1181· Fla. 1st DCA· 1985-04-02 ·cited 4×·via Intelligent Waiver
  Gerald Sampson appeals his conviction on seven felony charges, arguing the trial court erred by allowing him to proceed pro se without adequately assessing whether he intelligently waived counsel, and by failing to renew the offer of counsel on the trial date. The court reversed
• State v. Williams
  434 So. 2d 967· Fla. 3d DCA· 1983-06-21 ·cited 4×
  The State appealed a trial court's suppression of Williams' confession to second-degree murder based on the police's failure to inform him of the subject matter of questioning before he signed a Miranda waiver form. The court reversed, holding that because Williams was fully info
• Evans v. Raines
  705 F.2d 1479· 9th Cir.· 1983-05-16 ·cited 4×
  The court clarifies that while a record of a guilty plea colloquy is preferred, it is not a constitutional right imposed on states.
• Thompson v. Scurr
  668 F.2d 999· 8th Cir.· 1982-01-25 ·cited 4×
  The court affirmed the denial of the habeas corpus petition, finding no constitutional violations and that counsel was not ineffective.
• Crisp v. Mayabb
  668 F.2d 1127· 10th Cir.· 1981-09-29 ·cited 4×
  The court held that the state's petition for rehearing should be denied because the petitioner made a bona fide effort to exhaust state remedies, and the state's subsequent arguments lacked merit.
• State v. DeCONINGH
  400 So. 2d 998· Fla. 3d DCA· 1981-06-16 ·cited 4×
  The State appealed the suppression of statements made by Suzanne DeConingh while hospitalized after shooting her husband. The appellate court reversed, holding that Miranda warnings did not apply because the questioning was non-custodial and the statements were voluntary under ge
• In the Interest of M. L. H. v. State
  399 So. 2d 13· Fla. 1st DCA· 1981-05-18 ·cited 4×·via Intelligent Waiver Of Rights
  A juvenile appeals his adjudication of guilt and commitment following a burglary, challenging the admissibility of his confession on the ground that police did not comply with Rule of Juvenile Procedure 8.290(d)(4), which requires two attesting witnesses to a written waiver of co
• United States v. Rosario
  638 F.2d 460· 2d Cir.· 1980-11-03 ·cited 4×
  The court held that the arrest was constitutional, the search of the apartment was consensual, and the guilty plea was knowing and voluntary.
• United States v. Kabat
  586 F.2d 325· 4th Cir.· 1978-11-13 ·cited 4×
  A magistrate's failure to provide all advice required by Rule 2(b) does not automatically invalidate a conviction, especially when the defendant was aware of the omitted rights.
• Jewell Jess Stone v. Cardwell
  575 F.2d 724· 9th Cir.· 1978-05-22 ·cited 4×
  The court held that due process requires withdrawal of a guilty plea if it was not knowingly entered or if the state breached the plea bargain, and that the district court must consider these issues, potentially with an evidentiary hearing.
• United States ex rel. Raymond Cooper v. Warden, Ill. State Penitentiary, Pontiac Branch
  566 F.2d 28· 7th Cir.· 1977-11-29 ·cited 4×
  The court held that the district court properly denied the petition for a writ of habeas corpus, affirming the judgment for the respondent.
• United States v. Sledge
  546 F.2d 1120· 4th Cir.· 1977-01-06 ·cited 4×
  The court held that written Miranda warnings, coupled with a signed waiver, are sufficient even if not orally given, and that the defendant's confession was voluntary.
• United States v. Aulden Edward Thomas
  536 F.2d 1253· 8th Cir.· 1976-07-01 ·cited 4×·via Knowing And Intelligent Waiver Of Counsel
  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.
• United States v. Davis
  532 F.2d 117· 8th Cir.· 1976-03-30 ·cited 4×
  The court held that the trial court properly admitted the defendant's confession because he knowingly and voluntarily waived his Miranda rights and the confession was not coerced.
• United States v. Williams
  526 F.2d 1000· 6th Cir.· 1975-12-09 ·cited 4×
  The court held that the warrantless search of the automobile was permissible due to probable cause, and the defendant's statement was voluntarily made after being informed of his rights.
• LaPLANTE v. Wolff
  505 F.2d 780· 8th Cir.· 1974-11-08 ·cited 4×
  The court held that the petitioner knowingly and intelligently waived his right to counsel in his 1960 conviction, and therefore, his petition for a writ of habeas corpus was properly denied.
• Anglin v. Caldwell
  465 F.2d 970· 5th Cir.· 1972-08-31 ·cited 4×·via Knowing And Intelligent Guilty Plea
  The court held that the petitioner's guilty plea was entered voluntarily and knowingly, despite his claims of drug influence and misrepresentation.
• Forrest Cummings Green v. Turner
  443 F.2d 832· 10th Cir.· 1971-06-07 ·cited 4×
  The court held that the rule established in Boykin v. Alabama should not be applied retroactively to arraignments that occurred prior to its decision.
• United States v. Stuckey
  441 F.2d 1104· 3d Cir.· 1971-05-04 ·cited 4×
  The court held that the admission of oral statements made by the appellant after receiving Miranda warnings was proper, and administrative sanctions do not bar subsequent criminal prosecution.
• Anderson v. Nelson
  432 F.2d 55· 9th Cir.· 1970-09-28 ·cited 4×
  The court held that the district court must review the state court record to determine if the petitioner's constitutional rights were violated, especially regarding the admissibility of his confession.
• United States v. Cleveland Andrews
  429 F.2d 574· 5th Cir.· 1970-07-20 ·cited 4×
  The court held that the trial court did not err in admitting confessions and that the jury charge did not violate the appellant's Fifth Amendment rights.
• Parshay v. Buchkoe
  427 F.2d 978· 6th Cir.· 1970-06-26 ·cited 4×
  The court held that a defendant's acknowledgment of understanding his rights, coupled with a guilty plea, constitutes a knowing and intelligent waiver of counsel, even without an express waiver.
• Bouillons v. Burke
  418 F.2d 297· 7th Cir.· 1969-10-07 ·cited 4×·via Intelligent And Understanding Waiver
  The court held that the district court erred in denying an evidentiary hearing and accepting the sheriff's testimony as sufficient proof of waiver of the right to counsel, given the inadequate state court record.
• Zackery Jack Richards v. State
  214 So. 2d 31· Fla. 2d DCA· 1968-09-18 ·cited 4×·via Knowing And Intelligent Waiver Of Counsel
  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
• Creighbaum v. Warden John C. Burke
  398 F.2d 822· 7th Cir.· 1968-07-31 ·cited 4×
  The court held that the petitioner made a competent waiver of counsel and a knowing, intelligent guilty plea, and the burden was on him to prove otherwise.
• McGARRAH v. Dutton
  398 F.2d 829· 5th Cir.· 1968-07-24 ·cited 4×·via Knowing And Intelligent Waiver Of Counsel
  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.
• KEY v. State
  194 So. 2d 664· Fla. 3d DCA· 1967-02-07 ·cited 4×·via Intelligent And Understanding Waiver
  Robert Pierce Key appealed the denial of his motion for post-conviction relief under Criminal Procedure Rule 1, challenging his guilty pleas to robbery on grounds of delay before magistrate appearance, allegedly coerced confession, and inadequate counsel waiver. The court affirme
• United States ex rel. Albert Jefferson v. FAY
  364 F.2d 15· 2d Cir.· 1966-07-22 ·cited 4×·via Intelligent Waiver
  The court held that the state court was justified in finding that the appellant intelligently waived his right to counsel, and the district court did not err in denying a habeas corpus hearing.
• McKENZIE v. State
  187 So. 2d 69· Fla. 2d DCA· 1966-06-01 ·cited 4×·via Intelligent Waiver
  McKenzie appealed the denial of his Rule 1 motion challenging a guilty plea entered without counsel. The Florida appellate court held that his waiver of the right to counsel was invalid because the trial judge's explanation inadequately distinguished between the right to counsel
• Garland Leeds v. State
  187 So. 2d 77· Fla. 2d DCA· 1966-06-01 ·cited 4×·via Intelligent Waiver
  The court held that a silent record is insufficient to establish a waiver of counsel, and a motion for post-conviction relief should not be denied without a hearing if it raises a genuine issue regarding the waiver, but the motion was defective for failing to allege insolvency at
• Simmons v. State
  175 So. 2d 215· Fla. 3d DCA· 1965-05-24 ·cited 4×·via Knowing And Intelligent Waiver Of Counsel
  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
• Ratcliff v. State
  168 So. 2d 181· Fla. 2d DCA· 1964-10-21 ·cited 4×
  The court held that the petitioner made a prima facie showing that he did not knowingly and intelligently waive his right to counsel, shifting the burden to the State to prove otherwise.
• O'Keith v. Johnston
  146 F.2d 231· 9th Cir.· 1944-12-12 ·cited 4×·via Intelligent Waiver
  The court held that the lower court's finding of intelligent waiver of counsel, supported by evidence, should not be disturbed on appeal.
• Bergeron Env't & Recycling, LLC v. LGL Recycling, LLC
  398 So. 3d 988· Fla. 4th DCA· 2024-10-09 ·cited 3×
  Bergeron Environmental sued former joint venture partners over breach of contract and tort claims arising from a joint venture agreement (JVA) containing a broad jury trial waiver. The trial court conducted a non-jury trial and ruled in favor of all defendants on all counts. The
• Cheney v. State
  236 So. 3d 500· Fla. 1st DCA· 2018-02-05 ·cited 3×·via Knowing And Intelligent Waiver Of Counsel
  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.
• Silvia v. State
  228 So. 3d 1144· Fla.· 2013-09-11 ·cited 3×
  The court held that a capital defendant competent to stand trial can waive postconviction counsel and proceedings, provided the waiver is knowing, intelligent, and voluntary.
• L.D.S.J. v. State
  14 So. 3d 289· Fla. 1st DCA· 2009-08-06 ·cited 3×
  The court held that the trial court erred by revoking probation without ensuring the juvenile knowingly and intelligently waived his right to counsel.