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

• Kearse v. State
  605 So. 2d 534· Fla. 1st DCA· 1992-09-17 ·cited 67×·via Knowing And Intelligent Waiver Of Counsel
  James Kearse appealed his cocaine trafficking conviction and 20-year habitual felony offender sentence, arguing the trial court failed to conduct proper inquiries into his requests to discharge court-appointed counsel and to represent himself. The First District Court of Appeal r
• Erie Telecomms., Inc. v. City OF Erie
  853 F.2d 1084· 3d Cir.· 1988-07-28 ·cited 67×
  The court held that a prior mutual release and covenant executed by ETI, which stated the franchise agreement was valid and binding, barred all subsequent claims related to that agreement, rendering further constitutional or statutory analysis unnecessary.
• Moore v. State
  455 So. 2d 535· Fla. 1st DCA· 1984-08-22 ·cited 66×
  Jeffrey Moore appeals his armed robbery conviction and sentence. The court affirmed the conviction but vacated the sentence because the trial court improperly included a prior conviction committed after the charged offense when calculating Moore's sentencing guidelines score.
• Cooper v. Holman
  356 F.2d 82· 5th Cir.· 1966-01-31 ·cited 66×
  The court held that the record was inadequate to show that the defendant's guilty plea was voluntary, given the illegal confession and plea bargain.
• United States v. Rodriguez-Gastelum
  569 F.2d 482· 9th Cir.· 1978-01-30 ·cited 64×
  The court held that statements made by a suspect after requesting counsel, but before consulting with one, are inadmissible.
• United States v. Journet
  544 F.2d 633· 2d Cir.· 1976-11-01 ·cited 64×
  A guilty plea must be vacated if the district judge fails to explicitly inform the defendant of every element enumerated in Rule 11, F.R.Cr.P.
• United States v. Gardner
  516 F.2d 334· 7th Cir.· 1975-04-04 ·cited 64×
  The court affirmed the conviction, holding that pre-arrest admissions to undercover agents do not require Miranda warnings, and that the defendant's in-custodial statement was voluntary despite refusing to sign a waiver form.
• State v. Craig
  237 So. 2d 737· Fla.· 1970-06-17 ·cited 64×
  The Florida Supreme Court reversed the District Court of Appeal's decision that a defendant's confession was inadmissible due to inadequate Miranda warnings and lack of valid waiver. The Court held that the defendant's ambivalent statements about wanting a lawyer, combined with h
• Haliburton v. State
  514 So. 2d 1088· Fla.· 1987-10-01 ·cited 63×
  The Florida Supreme Court reversed Jerry Haliburton's murder and burglary convictions, holding that police violated Florida's due process clause by failing to inform him that a retained attorney was present at the station and requesting access, even after a judge ordered the atto
• United States v. Dolan
  570 F.2d 1177· 3d Cir.· 1978-01-23 ·cited 63×
  When a trial court finds an actual conflict of interest that impairs counsel's ability to represent a defendant ethically, the court should not permit the defendant to waive that conflict.
• United States v. Duvalier Antonio Davis
  900 F.2d 1524· 10th Cir.· 1990-04-16 ·cited 62×
  The court held that a trial court's refusal to approve a Rule 11(a)(2) plea, based on a stated reason, is subject to appellate review.
• Jordan v. Watkins
  681 F.2d 1067· 5th Cir.· 1982-08-06 ·cited 62×
  The court held that the sentencing procedure violated constitutional requirements by failing to channel jury discretion, vacating the death sentence but allowing the state to seek reimposition after a proper hearing. The court also held that the defendant's confession was admissi
• Castro v. United States
  396 F.2d 345· 9th Cir.· 1968-05-28 ·cited 62×
  The court held that the district court erred in denying a hearing on Castro's § 2255 application without considering the allegations of counsel's misadvice regarding the consequences of a guilty plea.
• Mora v. State
  814 So. 2d 322· Fla.· 2002-01-24 ·cited 61×
  Dr. Julio Mora was convicted of first-degree murder in the deaths of Dr. Clarence Rudolph and attorney Karen Marx, and attempted murder of attorney Maurice Hall, arising from shootings during a deposition in Mora's sexual harassment lawsuit. The Florida Supreme Court affirmed the
• State v. Upton
  658 So. 2d 86· Fla.· 1995-07-20 ·cited 61×
  A lawyer's written waiver of a jury trial on behalf of a client is not valid without an indication that the defendant personally agreed to the waiver, making it knowing, voluntary, and intelligent.
• United States v. Jarrell COX
  580 F.2d 317· 8th Cir.· 1978-07-14 ·cited 61×
  The court held that the defendants knowingly and intelligently waived any conflict of interest arising from joint representation, and even without waiver, they failed to demonstrate an actual conflict. The court also found sufficient evidence to support one defendant's conviction
• United States v. Berkowitz
  927 F.2d 1376· 7th Cir.· 1991-03-15 ·cited 60×
  The court held that the defendant made a knowing and intelligent waiver of counsel, and that the arrest occurred in a public doorway, thus not violating the Fourth Amendment.
• Kress v. United States
  411 F.2d 16· 8th Cir.· 1969-05-29 ·cited 60×
  A guilty plea is valid if voluntarily and intelligently made, with understanding of the charges and consequences, and a factual basis, even if the defendant later expresses dissatisfaction with jail conditions or claims ineffective counsel.
• Naples v. United States
  307 F.2d 618· D.C. Cir.· 1962-04-13 ·cited 60×
• Robinson v. Johnston
  118 F.2d 998· 9th Cir.· 1941-04-08 ·cited 60×·via Knowing And Intelligent Waiver Of Counsel
• United States v. Agosto
  675 F.2d 965· 8th Cir.· 1982-04-09 ·cited 59×
  The court held that a district court's disqualification of defense counsel must be based on a clear showing of likely conflict, and that potential conflicts can sometimes be resolved by less burdensome means than disqualification, such as client consent or the use of backup couns
• Eve Postell v. State
  383 So. 2d 1159· Fla. 3d DCA· 1980-06-03 ·cited 56×·via Intelligent Waiver Of Rights
  Eve Postell, a 13-year-old convicted of second-degree murder, burglary, and robbery, challenged her conviction on Miranda grounds and her adult sentencing, arguing she was eligible for more lenient juvenile offender sentencing. The Florida appellate court affirmed her conviction
• United States ex rel. Anthony Russo v. The State OF NEW Jersey & the Principal Keeper of the State Prison at Trenton
  351 F.2d 429· 3d Cir.· 1965-05-20 ·cited 56×
  The court denied the petition for rehearing en banc.
• Johnson v. United States
  344 F.2d 401· 5th Cir.· 1965-04-19 ·cited 56×
  The court held that the § 2255 hearing was inadequate due to restrictions on the psychiatric examination and that the contempt conviction was improperly imposed without counsel.
• State v. Adams
  342 So. 2d 818· Fla.· 1977-02-10 ·cited 55×
  A trial judge is not bound by a prosecutor's sentencing recommendation made during plea bargaining, even if the defendant is unaware the judge can reject it.
• United States v. Ganter
  436 F.2d 364· 7th Cir.· 1970-12-23 ·cited 54×·via Intelligent Waiver
  The court held that knowledge of the victim's federal status is not an element of 18 U.S.C. § 111, and that the arrest and subsequent seizure of evidence were based on probable cause and exigent circumstances, and that the Miranda warnings were adequate.
• Hodge v. United States
  414 F.2d 1040· 9th Cir.· 1969-07-03 ·cited 54×
  The court held that the appellant intelligently waived his right to counsel by asserting his right to self-representation, and that the trial court did not err in its procedures.
• Weaver v. State
  894 So. 2d 178· Fla.· 2004-12-16 ·cited 53×·via Knowing And Intelligent Waiver Of Counsel
  Jeffrey Lee Weaver was convicted of first-degree murder of a law enforcement officer and sentenced to death after the trial judge overrode the jury's eight-to-four recommendation of life imprisonment. The Florida Supreme Court affirmed the conviction but reversed the death senten
• Amendment TO Fla. Rule OF Crim. Procedure 3.111(d)(2)-(3)
  719 So. 2d 873· Fla.· 1998-07-16 ·cited 53×
  The Florida Supreme Court adopted amendments to Rule of Criminal Procedure 3.111(d)(2)-(3) regarding waiver of counsel in criminal proceedings. The amendments were prompted by the Court's decision in State v. Bowen, which clarified that once a trial court determines a defendant h
• United States v. Bailey
  675 F.2d 1292· D.C. Cir.· 1982-04-23 ·cited 53×·via Knowing And Intelligent Waiver Of Counsel
  The court affirmed the convictions, holding that defendants waived misjoinder claims, severance was not required, jury instructions were proper, and the defendant's waiver of counsel for self-representation was knowing and intelligent.
• Watts v. United States
  278 F.2d 247· D.C. Cir.· 1960-03-31 ·cited 53×
  A guilty plea induced by confronting the defendant with a confederate's inadmissible confession is not rendered involuntary or subject to collateral attack under 28 U.S.C. § 2255 if the plea itself was entered competently and intelligently.
• Johnson v. State
  255 So. 3d 934· Fla. 2d DCA· 2018-06-27 ·cited 52×
  A trial court's failure to renew the offer of counsel and conduct a Faretta inquiry at a critical stage of proceedings—specifically at plea negotiations—constitutes per se reversible error. A new trial is required.
• McKEE v. Harris
  649 F.2d 927· 2d Cir.· 1981-05-28 ·cited 52×
  The dissenting judge holds that the trial court erred by failing to inquire into the defendant's asserted good cause for substitution of counsel, thereby violating the defendant's Sixth Amendment right to effective assistance of counsel.
• Coleman v. Singletary
  30 F.3d 1420· 11th Cir.· 1994-09-08 ·cited 51×
  Gerald Anthony Coleman, convicted of murdering his ten-year-old sister when he was fifteen years old, appealed his federal habeas corpus denial, challenging the admissibility of his confession on two grounds: that police violated his Fifth Amendment right to remain silent by cont
• Dumas v. State
  439 So. 2d 246· Fla. 3d DCA· 1983-09-13 ·cited 51×
  The Florida District Court of Appeal held that a written waiver of jury trial signed by a defendant, without affirmative record evidence of in-court examination, is sufficient to support a finding of effective waiver of the constitutional right to trial by jury. The court overrul
• United States v. Kimmel
  672 F.2d 720· 9th Cir.· 1982-03-04 ·cited 51×
  A defendant who assumes core functions of counsel must knowingly and intelligently waive the right to counsel, and the record must adequately support such a waiver.
• United States v. Kiendra
  663 F.2d 349· 1st Cir.· 1981-11-09 ·cited 51×
  The court held that evidence of prior convictions involving dishonesty or false statement under Federal Rule of Evidence 609(a)(2) must be admitted for impeachment purposes, without judicial discretion to exclude it based on prejudice, and that a confession made after a valid Mir
• Holland v. State
  773 So. 2d 1065· Fla.· 2000-10-05 ·cited 50×·via Knowing And Intelligent Waiver Of Counsel
  Albert Holland was convicted of murdering Pompano Beach police officer Scott Winters during an armed robbery and attempted sexual battery. On direct appeal of his death sentence, the Florida Supreme Court affirmed his convictions and death penalty, rejecting twenty-two claims of
• Blair v. State
  698 So. 2d 1210· Fla.· 1997-08-28 ·cited 50×
  The Florida Supreme Court held that a criminal defendant may waive his constitutional right to a six-member jury and consent to trial by a five-member jury, provided the waiver is knowing, intelligent, and voluntary. The Court rejected the argument that Ballew v. Georgia's prohib
• McKENZIE v. State
  29 So. 3d 272· Fla.· 2010-01-07 ·cited 48×
  Norman Blake McKenzie appealed his convictions and death sentences for two first-degree murders committed during a robbery. The Florida Supreme Court affirmed the convictions and sentences, rejecting all appellate challenges including those regarding jury selection, self-represen
• Muehleman v. State
  3 So. 3d 1149· Fla.· 2009-02-19 ·cited 48×
  Jeffrey Muehleman was convicted of murdering 97-year-old Earl Baughman in 1983 and initially sentenced to death. After his death sentence was reversed on postconviction review and he was granted a new penalty phase, Muehleman represented himself pro se, presented no mitigation ev
• Meeks v. Craven
  482 F.2d 465· 9th Cir.· 1973-07-20 ·cited 48×
  The court held that the defendant's demands to represent himself at trial were not unequivocal, and therefore, he was not denied his constitutional right to self-representation.
• United States v. Bradshaw
  719 F.2d 907· 7th Cir.· 1983-10-19 ·cited 47×
  The court held that the defendant knowingly and intelligently waived his Sixth Amendment right to conflict-free counsel by persisting in joint representation after being repeatedly advised of the risks.
• United States v. Brown
  569 F.2d 236· 5th Cir.· 1978-03-08 ·cited 47×
  The court held that the defendant voluntarily and knowingly waived her right to counsel, making her incriminating statements admissible.
• United States v. Fahey
  769 F.2d 829· 1st Cir.· 1985-07-30 ·cited 46×
  The court held that a defendant's waiver of a potential conflict of interest with his counsel was knowing and intelligent, and that the search of an unpatented mining claim and seizure of soil samples did not violate the Fourth Amendment. The court also found that a coconspirator
• Reynold Enrique v. State
  408 So. 2d 635· Fla. 3d DCA· 1981-12-22 ·cited 46×
  The Florida District Court of Appeal reversed Reynold Enrique Castro's convictions for grand theft and burglary because the trial court inadequately investigated his financial ability to afford counsel and thereafter accepted his waiver of jury trial without ensuring it was knowi
• United States v. Warledo
  557 F.2d 721· 10th Cir.· 1977-06-17 ·cited 46×
  The court held that admitting an unrelated, prejudicial rifle into evidence constituted reversible error, and that the issue of waiver of counsel required further inquiry on retrial.
• United States v. Sterling Keith Rogers
  504 F.2d 1079· 5th Cir.· 1974-11-27 ·cited 46×
  The court affirmed the conviction but vacated the sentence, holding that a sentence cannot be increased based on a defendant's refusal to cooperate with authorities by implicating others.
• Brown v. State
  538 So. 2d 833· Fla.· 1989-02-02 ·cited 45×
  James Richard Brown was convicted of first-degree murder and sentenced to death. The Florida Supreme Court reversed and remanded for a new trial because the trial judge was absent from the courthouse when the jury communicated its request for trial transcripts during deliberation
• United States v. Gallman
  907 F.2d 639· 7th Cir.· 1990-07-05 ·cited 44×·via Intelligent Waiver Of Rights
  The court held that the warrantless search of the defendant's car was permissible under the automobile exception and that his sentence enhancement was proper, as his prior convictions qualified under the relevant statute.