green
Positive treatment
Quoted verbatim 1×
6.8 score
“a defendant who initially asserts his right to appear pro se, but later abandons the right by inviting participation by counsel, waives his right to represent himself.”
Treatment trajectory · 1977 → 2026 · click a year to view as-of
1977
2001
2026
Top citers, strongest first. 18 distinct citers.
How cited ↗
discussed
Cited as authority (quoted)
Bobby Cortez v. State
a defendant who initially asserts his right to appear pro se, but later abandons the right by inviting participation by counsel, waives his right to represent himself.
discussed
Cited as authority (rule)
Spencer v. Ault
Thompson,. — U.S. at-, 116 S.Ct. at 465 (citing Brewer for the proposition that “waiver of the Sixth Amendment *851 right to assistance of counsel is not a question of historical fact, but rather requires application of constitutional principles to facts.”); Brewer, 430 U.S. at 403, 97 S.Ct. at 1242 (holding, in the context of waiver of the right to have counsel present at an interrogation after counsel had been appointed, that “the question of waiver was not a question of historical fact, but one which, in the words of Mr. Justice Frankfurter, requires ‘application of constitutional…
discussed
Cited "see"
United States v. Davis
(2×)
also: Cited "see, e.g."
See United States v. Bennett, 539 F.2d 45, 55 (10th Cir.), cert. denied 429 U.S. 925 , 97 S.Ct. 327 , 50 L.Ed.2d 293 (1976).
discussed
Cited "see"
Ryals v. State
See United States v. Raines, 536 F.2d 796 (8th Cir.), cert. denied, 429 U.S. 925 , 97 S.Ct. 327 , 50 L.Ed.2d 293 (1976) (government agent obtained entry by posing as friend of defendant's drug dealer); United States v. Beal, 445 F.2d 977 (5th Cir.1971), cert. denied, 404 U.S. 1026 , 92 S.Ct. 697 , 30 L.Ed.2d 676 (1972) (federal agents gained admission to defendant's hotel room by having hotel manager knock on defendant's door and announcing only his presence); United States v. Syler, 430 F.2d 68 (7th Cir.1970) (secret service agent posed as a gas man); Smith v. United States, 357 F.2d 486 (5th…
cited
Cited "see"
United States v. Candis White
See United States v. Bennett, 539 F.2d 45 (10th Cir.), cert. denied, 429 U.S. 925 , 97 S.Ct. 327 , 50 L.Ed.2d 293 (1976).
discussed
Cited "see"
United States v. Jose Jenkins
No one factor alone is necessary or sufficient to establish a violation of the speedy trial guarantee; “[rjather, they are related factors and must be considered together with such other circumstances as may be relevant.” Id. at 533 , 92 S.Ct. at 2193; see United States v. Graham, 538 F.2d 261, 263 (9th Cir.1976), cert. denied, 429 U.S. 925 , 97 S.Ct. 327 , 50 L.Ed.2d 294 (1976).
discussed
Cited "see"
United States v. Albert Juan Nunez
See United States v. Bennett, 539 F.2d 45, 54 (10th Cir.), cert. denied, 429 U.S. 925 , 97 S. Ct. 327 , 50 L.Ed.2d 293 ; see also United States v. Woods, 544 F.2d 242, 250 (6th Cir.), cert. denied, 430 U.S. 969 , 97 S.Ct. 1652 , 52 L.Ed.2d 361 , (presumption of regularity attaches to a grand jury proceeding; defendant has burden of proving that an irregularity occurred), Accordingly we hold that the district court did not err in refusing to dismiss the indictment.
discussed
Cited "see"
Commonwealth v. Morrison
(2×)
See United States v. Raines, 536 F.2d 796 (8th Cir.), cert. denied, 429 U.S. 925 , 97 S.Ct. 327 (1976).
discussed
Cited "see"
United States v. Arthuro Montano
(2×)
Sabbath v. United States, 391 U.S. 585 , 88 S.Ct. 1755 , 20 L.Ed.2d 828 (1968); United States v. Murrie, 534 F.2d 695 (6th Cir. 1976); accord, United States v. Raines, 536 F.2d 796 , 798-99 n.2 (8th Cir.), cert. denied, 429 U.S. 925 , 97 S.Ct. 327 , 50 L.Ed.2d 293 (1976); United States v. Allende, 486 F.2d 1351, 1353 (9th Cir. 1973), cert. denied sub nom Montoya v. United States, 416 U.S. 958 , 94 S.Ct. 1973 , 40 L.Ed.2d 308 (1974); United States v. Sheard, 154 U.S.App.D.C. 9, 12 , 473 F.2d 139, 142 (D.C.
discussed
Cited "see"
United States v. Moses Pino
See United States v. Bennett, 539 F.2d 45, 52 (10th Cir.), cert. denied, 429 U.S. 925 , 97 S.Ct. 327 , 50 L.Ed.2d 293 ; United States v. Brown, 540 F.2d 1048, 1054 (10th Cir.), cert. denied, 429 U.S. 1100 , 97 S.Ct. 1122 , 51 L.Ed.2d 549 ; United States v. Milne, 487 F.2d 1232, 1235 (5th Cir.), cert. denied, 419 U.S. 1123 , 95 S.Ct. 808 , 42 L.Ed.2d 823 . 11 The trial court must be satisfied that the proof offered is grounded in sufficient scientific support to warrant its use in the courtroom and the court must decide whether it would aid the jury in deciding the ultimate issues.
cited
Cited "see"
Richard G. Smith v. James Mabry, Commissioner, Arkansas Department of Corrections
See United States v. Graham, 538 F.2d 261 (9th Cir. 1976), cert. *254 denied, 429 U.S. 925 , 97 S.Ct. 327 , 50 L.Ed.2d 294 (1977).
discussed
Cited "see, e.g."
State v. Patterson
“Even if a defendant asserts self-representation, the right may be waived through defendant’s subsequent conduct indicating he is vacillating on the issue or has abandoned his request 7 Some courts have justified the lack of inquiry by asserting that the right to counsel “attaches automatically and must be waived affirmatively to be lost, while the [right to self-representation] does ‘not attach unless and until it [i]s asserted.’” Stano v. Dugger, 921 F.2d 1125, 1143 (11th Cir.1991) (en banc) (second alteration in original), quoting Dorman v. Wainwright, 798 F.2d 1358, 1366 (11th …
discussed
Cited "see, e.g."
Commonwealth v. Sullivan
See e.g., United States v. Feinberg, 535 F.2d 1004, 1010 (7th Cir.) (mail fraud statute), cert. denied, 429 U.S. 929 , 97 S.Ct. 327 , 50 L.Ed.2d 300 (1976); United States v. Dellinger, 472 F.2d 340, 354-64 (7th Cir. 1972) (Anti-Riot Act), cert. denied, 410 U.S. 970 , 93 S.Ct. 1443 , 35 L.Ed.2d 706 (1973); United States v. Cerone, 452 F.2d 274,286 (7th Cir. 1971) (Travel Act).
discussed
Cited "see, e.g."
State v. Harada
(2×)
See also United States v. Raines, 536 F.2d 796, 800 (8th Cir.) ("A police entry into a private home by invitation without force, though the invitation be obtained by ruse, is not a breaking and does not invoke the common law requirement of prior announcement of authority and purpose, codified in § 3109."), cert. denied, 429 U.S. 925 , 97 S.Ct. 327 , 50 L.Ed.2d 293 (1976); United States v. Salter, 815 F.2d 1150 (7th Cir.1987) (holding that where officer, identifying himself as hotel clerk, telephoned appellant requesting her to come to hotel desk, and other officers positioned outside hotel ro…
discussed
Cited "see, e.g."
State v. Dixon
See also United States v. Raines, 536 F.2d 796, 800 (8th Cir.) (“A police entry into a private home by invitation without force, though the invitation be obtained by ruse, is not a breaking and does not invoke the common law requirement of prior announcement of authority and purpose, codified in § 3109.”), cert. denied, 429 U.S. 925 , 97 S.Ct. 327 , 50 L.Ed.2d 293 (1976); United States v. Salter, 815 F.2d 1150 (7th Cir.1987) (holding that where officer, identifying himself as hotel clerk, telephoned appellant requesting her to come to hotel desk, and other officers positioned outside hote…
discussed
Cited "see, e.g."
Keene v. State
See, e.g., U.S. v. Bennett, 539 F.2d 45 (10th Cir.1976), cert. denied, 429 U.S. 925 , 97 S.Ct. 327 , 50 L.Ed.2d 293 (1976); U.S. v. Montgomery, 529 F.2d 1404 (10th Cir.1976), cert. denied, 426 U.S. 908 , 96 S.Ct. 2231 , 48 L.Ed.2d 833 (1976).
discussed
Cited "see, e.g."
Willie James Brown v. Louie L. Wainwright, Etc.
(2×)
See also United States v. Bennett, 539 F.2d 45 (10th Cir.), cert. denied, 429 U.S. 925 , 97 S.Ct. 327 , 50 L.Ed.2d 293 (1976); United States v. Montgomery, 529 F.2d 1404 (10th Cir.), cert. denied, 426 U.S. 908 , 96 S.Ct. 2231 , 48 L.Ed.2d 833 (1976).
cited
Cited "see, e.g."
United States v. Jack Leon Lucas
See also United States v. Bennett, 539 F.2d 45, 49-51 (10th Cir.)-, cert. denied, 429 U.S. 925 , 97 S.Ct. 327 , 50 L.Ed.2d 293 (1976).
Retrieving the full opinion text from the archive…
Raines
v.
United States
v.
United States
No. 76-5115.
Supreme Court of the United States.
Nov 1, 1976.
Cited by 3 opinions | Published
Citer courts: Court of Appeals of Texas (1)
C. A. 8th Cir. Certiorari denied.