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

• Savino v. State
  555 So. 2d 1237· Fla. 4th DCA· 1989-11-08 ·cited 16×
  Joseph Savino appeals his third-degree murder conviction for the death of his stepson. The court reverses and remands for a new trial, finding multiple trial errors: (1) unconstitutional deprivation of Savino's right to be present during witness testimony and jury instruction, (2
• Quadrini v. Clusen
  864 F.2d 577· 7th Cir.· 1989-01-11 ·cited 16×
  The court held that the petitioner's confession was voluntary and that his Sixth Amendment right to counsel had attached but was validly waived. The court affirmed the denial of the habeas corpus petition.
• United States v. Clark
  865 F.2d 1433· 4th Cir.· 1989-01-09 ·cited 16×
  The court held that the time requirements and the detention hearing itself under the Bail Reform Act are waivable by a defendant, and automatic release is not the appropriate remedy for non-compliance.
• Eagan v. Duckworth
  843 F.2d 1554· 7th Cir.· 1988-03-22 ·cited 16×
  The court held that the initial Miranda warning was constitutionally defective because it ambiguously informed the defendant of his right to counsel, and remanded for a determination of whether the subsequent confession was knowing and intelligent.
• Jackson v. Elton F. James
  839 F.2d 1513· 11th Cir.· 1988-03-17 ·cited 16×
  The court held that the defendant's Sixth Amendment right to counsel was violated because he did not knowingly and intelligently waive his right to counsel and did not clearly assert his right to self-representation.
• United States v. Pina
  844 F.2d 1· 1st Cir.· 1988-01-22 ·cited 16×
  The court affirmed the weapons convictions and affirmed in part, modified in part, and vacated and remanded in part the contempt convictions. It held that the defendant knowingly waived counsel, that certain inflammatory evidence was harmless error, and that some contempt sentenc
• Evans v. O.L. McCOTTER
  790 F.2d 1232· 5th Cir.· 1986-06-04 ·cited 16×
  The court held that the petitioner failed to prove federal constitutional infirmities in his trial, affirming the dismissal of his habeas corpus petition.
• United States v. Ryan Krebs (83-1098)
  788 F.2d 1166· 6th Cir.· 1986-04-18 ·cited 16×
  The court held that the defendant Krebs knowingly and intelligently waived his Sixth Amendment right to conflict-free counsel, and that the defendant Levine failed to demonstrate sufficient prejudice from the denial of his severance motion to warrant reversal.
• United States v. Smith
  778 F.2d 925· 2d Cir.· 1985-12-03 ·cited 16×
  The court affirmed the convictions of Ann Smith and Robert Smith, but remanded Lisa Shay's case for further consideration of her Sixth Amendment right to counsel.
• United States v. Webb
  755 F.2d 382· 5th Cir.· 1985-03-04 ·cited 16×
  Two confessions obtained after the defendant invoked his right to counsel were obtained in violation of Edwards v. Arizona and should have been suppressed.
• De La Rosa v. State OF Tex.
  743 F.2d 299· 5th Cir.· 1984-10-09 ·cited 16×
  The court held that the defendant's Miranda warnings were adequately explained and that the jury deliberations, despite brief discussions of parole and a juror's personal experience, did not deprive him of a fair trial.
• Frazier v. State
  453 So. 2d 95· Fla. 5th DCA· 1984-06-21 ·cited 16×
  Allen Leon Frazier was convicted of possession of a firearm by a convicted felon and appealed, claiming ineffective assistance of counsel because the trial court denied his motion to dismiss his court-appointed attorney. The appellate court affirmed the conviction, holding that t
• Tinsley v. Purvis
  731 F.2d 791· 11th Cir.· 1984-05-07 ·cited 16×
  The court held that the defendant's waiver of counsel was knowing and voluntary, despite the interrogating officers not asking specific questions about his desire for counsel to be present.
• Mixon v. United States
  608 F.2d 588· 5th Cir.· 1979-12-19 ·cited 16×
  The court held that dismissal for delay under Rule 9(a) requires government prejudice, and affirmed the finding of effective waiver of counsel, but remanded for a hearing on Rule 11 compliance.
• Jones v. Louie L. Wainwright
  604 F.2d 414· 5th Cir.· 1979-10-12 ·cited 16×
  The court held that the petitioner's guilty plea was not coerced and his attorney at the probation revocation hearing provided reasonably effective assistance.
• RAY v. Rose
  535 F.2d 966· 6th Cir.· 1976-05-10 ·cited 16×
  The court held that James Earl Ray's guilty plea was entered voluntarily and knowingly, and he was not denied effective assistance of counsel despite potential conflicts of interest and alleged procedural improprieties.
• Gus David Hogan v. State
  330 So. 2d 557· Fla. 2d DCA· 1976-04-14 ·cited 16×
  Gus David Hogan was arrested on a burglary warrant and confessed to Detective Fisher after being read his Miranda rights, though he did not provide a written waiver of counsel as required by Florida law. The court affirmed his conviction, holding that while Florida's procedural r
• United States v. Crowley
  529 F.2d 1066· 3d Cir.· 1976-02-06 ·cited 16×
  The court held that the absence of counsel at a hearing on a motion to withdraw a guilty plea was harmless error beyond a reasonable doubt, and that the trial court did not abuse its discretion in denying the motion to withdraw the plea.
• Stepp v. Estelle
  524 F.2d 447· 5th Cir.· 1975-12-08 ·cited 16×
  The court held that the lower court's finding that the petitioner lacked the mental capacity to knowingly and intelligently waive his right to counsel was clearly erroneous, as his insistence on self-representation was an exercise of a constitutional right and not indicative of i
• Royall Collins v. Brierly
  492 F.2d 735· 3d Cir.· 1974-02-05 ·cited 16×
  The court held that a confession is not per se inadmissible if the suspect is not informed of the crime under investigation before signing a Miranda waiver, as long as the waiver is otherwise knowing and intelligent.
• Kermit Nello Burton v. United States
  483 F.2d 1182· 9th Cir.· 1973-02-28 ·cited 16×
  The dissenting judge argues that the majority erred in reversing the district court's decision, asserting that the defendant's guilty plea was voluntary and properly accepted under Rule 11.
• United States ex rel. Tilden Louis Condon v. Erickson
  459 F.2d 663· 8th Cir.· 1972-04-13 ·cited 16×
  The court held that the federal district court erred in refusing to consider the jurisdictional question on the ground of unexhausted state remedies, and that an evidentiary hearing is required on that issue.
• United States v. Speaks
  453 F.2d 966· 1st Cir.· 1972-01-11 ·cited 16×
  The court held that the appellant's admission was sufficiently corroborated and that he had validly waived his Miranda rights, supporting his conviction.
• Foster v. Beto
  412 F.2d 892· 5th Cir.· 1969-07-08 ·cited 16×
  The court held that the defendant received adequate representation and knowingly waived his trial preparation period, affirming the denial of his habeas corpus application.
• McCONNELL v. United States
  375 F.2d 905· 5th Cir.· 1967-04-11 ·cited 16×·via Intelligent And Understanding Waiver
  The court held that the appellant was denied his Sixth Amendment right to counsel at trial because he did not intelligently and competently waive this right.
• Knight v. Balkcom
  363 F.2d 221· 5th Cir.· 1966-07-18 ·cited 16×·via Intelligent And Understanding Waiver
  The court held that the appellant was denied his federally guaranteed right to assistance of counsel because he was not clearly advised of his right to appointed counsel, and thus his guilty plea was invalid.
• Reed v. United States
  354 F.2d 227· 5th Cir.· 1965-12-16 ·cited 16×
  The court held that the appellant was denied his right to counsel when entering his guilty plea, as no offer of counsel was made. The district court erred in dismissing the petition without a hearing.
• Loyd Abbott v. State
  164 So. 2d 243· Fla. 2d DCA· 1964-05-20 ·cited 16×·via Knowing And Intelligent Waiver Of Counsel
  Abbott, an indigent defendant, appealed a denial of his motion seeking to vacate his conviction and sentence on grounds that he was denied the constitutional right to counsel at preliminary hearing, arraignment, and sentencing. The court affirmed the denial regarding preliminary
• O'Beirne v. Winfred Overholser
  287 F.2d 133· D.C. Cir.· 1960-11-23 ·cited 16×
• Desmond McKINNEY v. State
  850 So. 2d 680· Fla. 4th DCA· 2003-07-30 ·cited 15×·via Knowing And Intelligent Waiver Of Counsel
  The trial court erred by denying McKinney's request for self-representation after finding he had knowingly and intelligently waived his right to counsel. Under Faretta v. California, lack of legal education and experience alone cannot justify denying self-representation once a kn
• Ganyard v. State
  686 So. 2d 1361· Fla. 1st DCA· 1996-12-30 ·cited 15×
  In this direct criminal appeal, the Florida District Court of Appeal affirmed Ganyard's conviction despite finding that he was improperly absent during jury challenges in violation of Coney v. State. The court concluded the error was harmless because only the prosecution exercise
• Sansom v. State
  642 So. 2d 631· Fla. 1st DCA· 1994-09-14 ·cited 15×
  The court held that the absence of a valid waiver of the right to a jury trial necessitates a new trial.
• Collazo v. Estelle
  940 F.2d 411· 9th Cir.· 1991-07-18 ·cited 15×
  The court held that the state court's denial of the writ should be affirmed, finding that the defendant initiated contact with officers and was not coerced into waiving his right to counsel.
• United States v. Fawaz Yunis
  859 F.2d 953· D.C. Cir.· 1988-10-14 ·cited 15×
  The Fifth Amendment privilege against self-incrimination applies to confessions obtained from aliens interrogated abroad by U.S. agents, and such confessions must be suppressed if obtained in violation of this right.
• United States v. Delbert W. Wadsworth and Kurt W. Wadsworth
  830 F.2d 1500· 9th Cir.· 1987-10-22 ·cited 15×
  The court held that a defendant's pattern of disruptive and dilatory behavior can constitute a constructive waiver of the right to counsel, and that a defendant's eleventh-hour motion to replace counsel without sufficient cause can be denied.
• Mitchell v. United States
  434 F.2d 483· D.C. Cir.· 1970-05-13 ·cited 15×
  The court held that the appellant's prior inconsistent statement was admissible, the jury instructions on malice did not constitute plain error, and there was sufficient evidence for a second-degree murder conviction.
• Kendle v. State
  255 So. 3d 400· Fla. 3d DCA· 2018-08-15 ·cited 14×·via Knowing And Intelligent Waiver Of Counsel
  The trial court's multiple Faretta inquiries at various critical stages of the proceedings satisfied constitutional and rule requirements because they ensured Kendle made a knowing and intelligent waiver of his right to counsel, and the trial court was not required to follow a mo
• Moultrie v. State
  679 So. 2d 25· Fla. 4th DCA· 1996-08-14 ·cited 14×
  Victor Moultrie appealed his conviction for aggravated assault and resisting an officer, claiming the trial court failed to conduct a proper inquiry under Nelson v. State before denying his motion to discharge appointed counsel. The appellate court affirmed, holding that the boil
• Crystal v. State
  616 So. 2d 150· Fla. 1st DCA· 1993-03-30 ·cited 14×·via Intelligent And Understanding Waiver
  Roderick Crystal appealed his conviction for burglary with assault and attempted murder, arguing the trial court failed to conduct a proper inquiry into whether he knowingly and intelligently waived his right to counsel before representing himself at trial. The appellate court re
• United States v. Belanger
  936 F.2d 916· 7th Cir.· 1991-07-03 ·cited 14×·via Knowing And Intelligent Waiver Of Counsel
  The court held that the defendant's prior conviction was constitutionally valid and properly classified as a felony for career offender sentencing, but vacated the sentence due to a miscalculation of the statutory maximum penalty.
• Cooper v. State
  576 So. 2d 1379· Fla. 2d DCA· 1991-04-05 ·cited 14×·via Knowing And Intelligent Waiver Of Counsel
  Jimmie Lee Cooper was convicted of trafficking in cocaine and sentenced to fifteen years imprisonment plus probation and a $250,000 fine. The Florida appellate court reversed because the trial court failed to properly determine Cooper's indigency status at the time of trial and f
• In the Interest of J.H.
  580 So. 2d 162· Fla. 4th DCA· 1991-02-13 ·cited 14×·via Intelligent Waiver
  A juvenile defendant challenged whether she intelligently waived her right to counsel by signing a form consenting to representation by a certified law student without being informed of her right to have a supervising attorney personally present. The court held the form insuffici
• Merlin C. Long v. State OF Iowa
  920 F.2d 4· 8th Cir.· 1990-11-29 ·cited 14×
  The court held that the petitioner failed to show that the anti-psychotic drug he was taking rendered his guilty plea unknowing and unintelligent.
• Hamblen v. Dugger
  546 So. 2d 1039· Fla.· 1989-07-06 ·cited 14×
  James William Hamblen petitioned for habeas corpus and a stay of execution following his conviction for first-degree murder and death sentence. The Florida Supreme Court rejected four claims of appellate ineffectiveness and error, including challenges to his waiver of counsel, th
• Nedley G. Norman, Jr. v. Ducharme
  871 F.2d 1483· 9th Cir.· 1989-03-31 ·cited 14×
  The court held that a sentence of life without parole imposed under a statute that reserved such a penalty only for those who went to trial is unconstitutional under United States v. Jackson. The court also held that the appellant's confession was admissible.
• Innes v. Dalsheim
  864 F.2d 974· 2d Cir.· 1988-12-29 ·cited 14×
  The court held that the defendant's waiver of his right to a jury trial was not knowing and intelligent due to the ambiguity in the trial court's explanation of the consequences of breaching the plea agreement.
• Coleman v. State OF Ala.
  827 F.2d 1469· 11th Cir.· 1987-09-21 ·cited 14×
  The court held that the failure to inform a defendant of the potential benefits of the Alabama Youthful Offender Act before accepting a guilty plea violates federal due process, requiring the plea to be set aside.
• State v. Caudle
  504 So. 2d 419· Fla. 5th DCA· 1987-02-12 ·cited 14×
  The State appealed a circuit court's reversal of a county court's denial of Caudle's motion to vacate his DUI sentence based on alleged constitutional violations in prior convictions. The court held that a defendant challenging prior convictions used for sentence enhancement bear
• United States v. Ferreira-Alameda
  815 F.2d 1251· 9th Cir.· 1986-11-13 ·cited 14×
  The court held that the defendant knowingly and voluntarily waived his right to a jury trial and stipulated to co-defendants' testimony, and that he received effective assistance of counsel.
• Mosley v. State
  482 So. 2d 530· Fla. 1st DCA· 1986-01-31 ·cited 14×
  Carl Elbert Mosley was convicted of two counts of second degree murder, attempted second degree murder, and use of a firearm in a felony. On appeal, he challenged the trial court's failure to instruct the jury on lesser included offenses, but the appellate court affirmed because