Knowing And Intelligent Waiver

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

• Sands v. State
  249 So. 2d 727· Fla. 2d DCA· 1971-06-25
• Salazar v. Sigler
  441 F.2d 834· 8th Cir.· 1971-04-16
  The court held that the defendant did not make an intelligent and knowing waiver of counsel during his guilty plea, as the trial court failed to conduct a sufficient inquiry.
• Osborn Olden v. Pope
  431 F.2d 905· 9th Cir.· 1970-09-28
  The court held that an evidentiary hearing was not required because the magistrate's transcript adequately showed a knowing and intelligent waiver of counsel.
• Bain v. United States
  428 F.2d 508· 6th Cir.· 1970-06-05
  The appellate court affirmed the district court's denial of the motion to vacate the sentence, finding the guilty plea was entered voluntarily and intelligently, and that the defendant received effective assistance of counsel.
• Eules Ezekiel Stanley v. Pitchess
  425 F.2d 192· 9th Cir.· 1970-04-17
  The court affirmed the denial of a writ of habeas corpus, finding that the state prisoner validly waived his right to counsel and was not denied effective assistance or a fair trial.
• Edwards v. United States
  422 F.2d 788· 7th Cir.· 1970-03-09
  The court held that the defendant's waiver of counsel and guilty pleas were intelligent and voluntary, despite his claims of insufficient information.
• Bryan v. Pope
  416 F.2d 21· 9th Cir.· 1969-09-17
  The court held that the record did not clearly demonstrate a knowing and intelligent waiver of counsel, requiring an evidentiary hearing.
• Erthal v. United States
  412 F.2d 1184· 3d Cir.· 1969-04-29
  The court held that the appellant's claim of a broken promise of leniency was refuted by the record, as the trial court specifically inquired about and received negative answers regarding any such promises before accepting the guilty plea.
• Resor v. Rodriguez
  373 F.2d 20· 10th Cir.· 1967-02-13
  The court held that the arraignment record was properly admitted and showed a knowing and voluntary guilty plea, despite claims of coercion and procedural defects.
• Master Sutton v. United States
  352 F.2d 52· 5th Cir.· 1965-10-29
  A voluntary and intelligent guilty plea, entered after a knowing and voluntary waiver of the right to counsel, precludes a collateral attack under 28 U.S.C. § 2255 based on alleged violations of the right to counsel or the McNabb-Mallory doctrine.
• Leonhardt v. Pescor
  168 F.2d 861· 8th Cir.· 1948-07-01
  The court held that the record did not sufficiently demonstrate that the appellant knowingly and intelligently waived his right to counsel and understood the charges and consequences of his guilty plea, requiring further proceedings.