Knowing And Intelligent Waiver

861 Florida cases classified under this topic · sorted by citation count

• Mackey v. United States
  S.D. Fla.· 2021-07-21
  Dynza Mackey, a federal inmate serving a sixty-one-month sentence for identity theft and access device fraud, petitioned under 28 U.S.C. § 2255 to vacate his sentence on grounds including ineffective assistance of counsel. The District Court denied his petition on the merits, fin
• Deshazior v. State
  Fla. 3d DCA· 2021-06-02
  A defendant's right to self-representation under Faretta requires an unequivocal request; when a defendant is asked directly whether he wishes to represent himself but equivocates and fails to clearly answer affirmatively, no unequivocal request has been made and the trial court
• Wall v. State
  Fla.· 2021-05-20
  A trial court does not abuse its discretion by declining to order a new competency evaluation when a presumption of competency attaches from a previous determination and no bona fide doubt is raised as to the defendant's mental capacity. A defendant's waiver of postconviction cou
• Ockeve Sinclair v. State
  Fla. 4th DCA· 2021-04-14
  The trial court properly denied Sinclair's motion to suppress his May 12, 2016 statement to police because, despite the detective's failure to honor his invocation of the right to silence on March 9, 2016, Sinclair voluntarily reinitiated contact after a break in custody and two-
• SIR Michael A. Maps v. State
  Fla. 3d DCA· 2021-03-31
  The appellate court affirmed the defendant's convictions and sentences, holding that the trial court adequately inquired into the defendant's waiver of counsel. The court found that even though the defendant repeatedly waived and then reasserted his right to self-representation,
• SIR Michael A. Maps v. State
  Fla. 3d DCA· 2021-03-31
  The appellate court affirmed a defendant's convictions and sentences, holding that the trial court did not err by failing to conduct a second extensive inquiry into the defendant's waiver of counsel before allowing him to represent himself at trial. The court found the initial in
• SIR Michael A. Maps v. State
  Fla. 3d DCA· 2021-03-31
  The appellate court affirmed a defendant's convictions and sentences, holding that the trial court did not err by failing to repeat a full Faretta inquiry when the defendant reasserted his desire to represent himself. The court found the defendant was adequately informed of the r
• SIR Michael A. Maps v. State
  Fla. 3d DCA· 2021-03-31
  The appellate court affirmed a defendant's convictions and sentences, holding that the trial court did not err by failing to conduct a new Faretta inquiry when the defendant repeatedly waived and then reasserted his right to self-representation. The court found the defendant was
• SIR Michael A. Maps v. State
  Fla. 3d DCA· 2021-03-31
  The appellate court affirmed a defendant's convictions and sentences, holding that the trial court did not err by failing to repeat a Faretta inquiry when the defendant reasserted his desire to represent himself. The court found the defendant was adequately informed of the risks
• SIR Michael A. Maps v. State
  Fla. 3d DCA· 2021-03-31
  The appellate court affirmed a defendant's convictions and sentences, holding that the trial court did not err by failing to conduct a new Faretta inquiry when the defendant reasserted his desire to represent himself. The court found the defendant was adequately informed of the r
• SIR Michael A. Maps v. State
  Fla. 3d DCA· 2021-03-31
  The appellate court affirmed a defendant's convictions and sentences, holding that the trial court did not err by failing to conduct a new Faretta inquiry when the defendant reasserted his desire to represent himself after initially waiving counsel. The court found the defendant
• SIR Michael A. Maps v. State
  Fla. 3d DCA· 2021-03-31
  The appellate court affirmed the defendant's convictions and sentences, holding that the trial court did not err by failing to conduct a new Faretta inquiry when the defendant reasserted his desire to represent himself after initially waiving counsel. The court found the initial
• St. Francis LLC v. Cynosure, Inc.
  M.D. Fla.· 2020-10-27
  The court held that the plaintiffs failed to state claims for fraudulent inducement, violation of FDUTPA, rescission, and civil conspiracy against Pawnee Leasing Corporation.
• Craven v. State
  Fla.· 2020-10-22
  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
• Harden v. Sec'y, Dep't of Corr.
  M.D. Fla.· 2020-09-24
  A guilty plea waives non-jurisdictional claims, including ineffective assistance of counsel, unless the claim directly implicates the knowing and voluntary nature of the plea itself. Counsel's strategic decision not to file a pre-trial motion, based on a reasonable assessment of
• Schmidt v. Wells Fargo Bank, N.A.
  M.D. Fla.· 2020-04-20
  A jury trial waiver in a mortgage agreement is enforceable if it is knowing, voluntary, and intelligent, and such a waiver can be stricken from a complaint at any time.
• Schwartz v. Sec'y, Fla. Dep't of Corr.
  S.D. Fla.· 2020-02-25
  The court adopted the Magistrate Judge's Report and Recommendations, overruling the petitioner's objections and denying the petition for a writ of habeas corpus.
• Wease v. Sec'y, Dep't of Corr.
  M.D. Fla.· 2020-01-28
  The court held that the petitioner's claims were without merit and denied his petition for a writ of habeas corpus, finding no substantial showing of the denial of a constitutional right.
• Harlib v. State
  Fla. 3d DCA· 2019-09-25
• Keondra Tyriek Meuse v. State
  Fla. 2d DCA· 2019-09-20
  The court affirmed Meuse's judgment and sentences but reversed the restitution judgment because the restitution hearing was conducted without Meuse's presence and without a knowing, intelligent, and voluntary waiver of his constitutional right to attend.
• Lowry v. State
  Fla. 1st DCA· 2019-04-05
  A trial court lacks authority to find a defendant not guilty by reason of insanity without a valid written waiver of jury trial complying with Florida Rule of Criminal Procedure 3.260 and a knowing and intelligent waiver inquiry.
• Robinson v. State
  260 So. 3d 1011· Fla.· 2018-12-20
  Death row inmate Michael Lee Robinson appeals the denial of his successive motion for postconviction relief challenging his death sentence under the Hurst v. Florida decision. Robinson argues his sentence violates the Sixth and Eighth Amendments because he was sentenced to death
• R. M. v. State
  259 So. 3d 953· Fla. 2d DCA· 2018-11-28
  A trial court commits fundamental error when it fails to conduct a thorough inquiry into a juvenile's waiver of counsel as required by Florida Rule of Juvenile Procedure 8.165, including assessing comprehension, capacity, and unusual circumstances, and ensuring a parent, legal cu
• Wilson v. State
  259 So. 3d 941· Fla. 3d DCA· 2018-11-21
  A defendant's waiver of the right to counsel is knowing and intelligent when the trial court conducts thorough inquiries complying with Florida Rule of Criminal Procedure 3.111(d) and Faretta, adequately warns the defendant of the dangers and disadvantages of self-representation,
• Milo A. Rose v. State
  249 So. 3d 547· Fla.· 2018-07-19
  Milo Rose, a death row inmate, sought to waive postconviction proceedings and discharge his collateral counsel after the counsel filed a successive postconviction motion against Rose's wishes seeking Hurst relief. The Florida Supreme Court affirmed the postconviction court's gran
• 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
• Bland v. State
  241 So. 3d 975· Fla. 5th DCA· 2018-04-06
  Dominic Bland appeals the trial court's denial of his motion to withdraw a guilty plea, arguing he was forced to plead because he was denied the right to self-representation. The Florida District Court of Appeal, Fifth District affirmed, holding that although the trial court appl
• Bland v. State
  Fla. 5th DCA· 2018-04-02
  Although the trial court applied an incorrect legal standard in denying the defendant's Faretta request by focusing on his trial competence rather than his competence to make the self-representation decision, the denial was harmless because the defendant abandoned the request whe
• 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.
• Hooks v. State
  Fla. 1st DCA· 2018-02-28
  A trial court's failure to ask specific questions during a Faretta inquiry does not require reversal when the record demonstrates the defendant's competence through his trial performance and the court has adequately determined the waiver was voluntary. The model Faretta colloquy
• Hooks v. State
  Fla. 1st DCA· 2018-02-28
  Hooks appeals his conviction challenging whether the trial court conducted an adequate Faretta inquiry before allowing him to waive his right to counsel. The appellate court affirmed the conviction, holding that while Florida requires a proper Faretta inquiry, the trial court's i
• NOH v. State
  230 So. 3d 603· Fla. 2d DCA· 2017-11-15
  The court held that the defendant's statement to police should have been suppressed because the detective failed to clarify the defendant's right to appointed counsel after the defendant made a comment indicating he did not understand this right.
• DAY v. State
  216 So. 3d 718· Fla. 4th DCA· 2017-04-12
  The Fourth District Court of Appeal addressed whether Miranda warnings must be re-administered during police interrogation when questioning transitions from non-custodial to an accusatory nature. The court held that if a suspect receives Miranda warnings before a non-custodial in
• v. I.D. No. 1207010738 Jason Slaughter
  Del. Super. Ct.· 2017-01-03
  The court denied the defendant's motions to dismiss the indictment. The court held that the defendant's rights under the Uniform Agreement on Detainers (UAD) never vested because he failed to perfect actual delivery of his request for final disposition to the court. Furthermore,
• Snell v. State
  210 So. 3d 115· Fla. 2d DCA· 2016-09-09
  The court held that a trial court's legally deficient inquiry into a defendant's request to proceed pro se requires reversal and remand for a new trial.
• Wilson v. State
  168 So. 3d 345· Fla. 1st DCA· 2015-07-14
• Perry v. State
  177 So. 3d 982· Fla. 2d DCA· 2014-10-24
  Florida appellate court reversed Perry's drug convictions because the trial court failed to ensure a knowing, intelligent, and voluntary waiver of counsel before allowing him to proceed pro se at a suppression hearing, a critical stage of proceedings.
• Zampatti v. State
  139 So. 3d 409· Fla. 5th DCA· 2014-05-23
  A defendant's knowledge that their attorney requested a non-jury trial is insufficient to establish a knowing, voluntary, and intelligent waiver of the right to a jury trial.
• United States v. Ramirez
  850 F. Supp. 2d 785· S.D. Fla.· 2014-01-10
  The court held that while the defendant's statement regarding the length of his residence was inadmissible due to being obtained before Miranda warnings, his subsequent statements after a valid Miranda waiver were admissible. The court also found that the initial events of the ar
• J.X. v. State
  125 So. 3d 364· Fla. 3d DCA· 2013-11-13
  A 17-year-old juvenile, J.X., was arrested after confessing to burglaries following a police interrogation. J.X. appeals the denial of his motion to suppress his statements, arguing that Detective Henriquez violated his Miranda rights and right to counsel. The court affirms, find
• In & for New Castle Cnty.
  Del. C.P.· 2011-05-02
  The Court found the defendant guilty of Driving Under the Influence (DUI). The information was sufficient, and while certain statements made by the defendant were inadmissible due to a failure to establish a knowing and intelligent waiver of Miranda rights, other evidence suffici
• Anel Hubbard
  Del.· 2011-04-12
  The Delaware Supreme Court affirmed the Superior Court's denial of the defendant's motion to suppress his custodial statement. The Court held that the defendant's waiver of his Miranda rights was knowing, intelligent, and voluntary, despite his claims of rapid recitation of right
• In & for New Castle Cnty.
  Del. Super. Ct.· 2011-02-03
  The Court denied the defendant's motion for postconviction relief, finding that he failed to satisfy the Strickland standard for ineffective assistance of counsel on all grounds. The court found that counsel's decisions were largely strategic or entitled to deference, and that th
• Arreskjold v. United States
  707 F. Supp. 2d 1332· S.D. Fla.· 2010-06-21
  The court held that a claim of ineffective assistance of counsel based on failure to anticipate a change in law is not constitutionally deficient performance, and prejudice is not shown when the subsequent legal change does not apply to the defendant's case. The court also held t
• Johnson Michel v. State
  14 So. 3d 1102· Fla. 3d DCA· 2009-06-10
  Johnson Michel appeals his first-degree murder conviction, challenging the trial court's denial of his motion to suppress statements made to detectives, evidentiary rulings, and a self-defense jury instruction that included an inapplicable forcible-felony exception. The appellate
• Alvaro Abaunza v. State
  18 So. 3d 609· Fla. 1st DCA· 2009-05-11
  The court reversed a conviction because the trial judge failed to conduct an adequate inquiry into the defendant's background and failed to meaningfully inform him of the dangers of self-representation before accepting his waiver of counsel.
• Sanchez-Toribio v. Sec'y, Fla. Dep't of Corr.
  557 F. Supp. 2d 1322· M.D. Fla.· 2008-03-31
  The court held that the petitioner's claim regarding jury instructions was procedurally defaulted and that his claim regarding the admissibility of his confession was not an unreasonable application of federal law.
• Bullock v. State
  15th Cir. Ct. App. Div.· 2008-02-13
  The court reviewed the denial of a juvenile's motion to correct disposition, which sought credit for time served in secure detention against a residential commitment to the Department of Juvenile Justice.
• Junior Fuller v. State
  970 So. 2d 422· Fla. 4th DCA· 2007-11-14
  In this criminal appellate case, the Fourth District Court of Appeal reversed a trial court's adjudication of not guilty by reason of insanity, holding that the trial judge failed to ensure the defendant knowingly waived his constitutional right to a jury trial before accepting a
• Gerrish v. State
  954 So. 2d 1276· Fla. 4th DCA· 2007-05-02
  The court affirmed the denial of a motion for post-conviction relief regarding misadvice on mandatory minimum sentences for trafficking and conspiracy, but reversed the summary denial of a claim concerning the stacking of mandatory minimums.