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5 Oklahoma opinions name it 1 courts 1974–1999 0 in the last five years
The cases below were cited by Oklahoma courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Brown v. Stategreen1 sentence1998Although such a waiver may be inferred from the record, 6 we find the preferred practice would be for the trial court, on the record, to advise the defendant of his rights and, if the defendant desires, obtain an intelligent and knowing waiver. ¶ 39 Appellant urges this Court to reconsider and follow the dissent of Judge Chapel in Brown v. State, 871 P.2d 56, 78-79 (Okl.Cr.), ce rt. denied, 513 U.S. 1003 , 115 S.Ct. 517 , 130 L.Ed.2d 423 (1994), as well as authority from other jurisdictions, and find that an in-custody capital defendant cannot voluntarily absent himself from critical stages of | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Oklahoma. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Darks v. State
green
2 sentences1999In Darks , 1998 OK CR at ¶ 38, 954 P.2d at 163 , this Court held that although such a waiver may be inferred from the record, the preferred practice would be for the trial court, on the record, to advise the defendant of his rights and, if the defendant desires to waive his rights, obtain an intelligent and knowing waiver. ¶ 31 Here, the record is silent as to any attorney-client consultation. 1999In Darks , 1998 OK CR at ¶ 38, 954 P.2d at 163 , this Court held that although such a waiver may be inferred from the record, the preferred practice would be for the trial court, on the record, to advise the defendant of his rights and, if the defendant desires to waive his rights, obtain an intelligent and knowing waiver. ¶ 31 Here, the record is silent as to any attorney-client consultation. | 2 | 1998–1999 |
Brown v. United States
green
1 sentence1998Although such a waiver may be inferred from the record, 6 we find the preferred practice would be for the trial court, on the record, to advise the defendant of his rights and, if the defendant desires, obtain an intelligent and knowing waiver. ¶ 39 Appellant urges this Court to reconsider and follow the dissent of Judge Chapel in Brown v. State, 871 P.2d 56, 78-79 (Okl.Cr.), ce rt. denied, 513 U.S. 1003 , 115 S.Ct. 517 , 130 L.Ed.2d 423 (1994), as well as authority from other jurisdictions, and find that an in-custody capital defendant cannot voluntarily absent himself from critical stages of | 1 | 1998–1998 |
Lee v. City Transfer & Baggage Co.
green
1 sentence1998Although such a waiver may be inferred from the record, 6 we find the preferred practice would be for the trial court, on the record, to advise the defendant of his rights and, if the defendant desires, obtain an intelligent and knowing waiver. ¶ 39 Appellant urges this Court to reconsider and follow the dissent of Judge Chapel in Brown v. State, 871 P.2d 56, 78-79 (Okl.Cr.), ce rt. denied, 513 U.S. 1003 , 115 S.Ct. 517 , 130 L.Ed.2d 423 (1994), as well as authority from other jurisdictions, and find that an in-custody capital defendant cannot voluntarily absent himself from critical stages of | 1 | 1998–1998 |
Lambert v. State
neutral
1 sentence1976The general rule is enunciated in the second paragraph of the Syl *927 labus to Lambert v. State, Okl.Cr., 471 P.2d 935 (1970), as follows: “When evidence is taken outside the hearing of the jury on a Motion to Suppress incriminatory statements made by an accused while in custody and there is sufficient evidence to support the ruling of the trial court that the defendant had been thoroughly advised of his constitutional rights prior to making any statement and knowingly and intelligently waived such rights and made incriminatory statements, the court’s ruling will not be disturbed on appeal.” | 1 | 1976–1976 |
Peterson v. State
green
1 sentence1974This Court has previously held, by way of analogy, in the case of Peterson v. State, Okl.Cr., 473 P.2d 293 (1970), that: “It is well settled that ‘the words of Miranda do not constitute a ritualistic formula which must be repeated without variation in order to be effective’ A reading of the trial court transcript reveals the following questioning of the defendant by the trial judge, wherein the following appears: “COURT: Mr. Fleming I notice that you appear without an attorney ? | 1 | 1974–1974 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.