intelligent and competent waiver (South Carolina) · Go Syfert
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intelligent and competent waiver in South Carolina

5 South Carolina opinions name it 2 courts 1977–2002 0 in the last five years

The cases below were cited by South Carolina 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.

Followed or applied (1)

CaseFollowedCited
State v. Batemangreen
sc · 1988 · cited in 2 South Carolina opinions naming this issue, 1991–2002
2 sentences

2002“While it is beyond question that an accused may waive counsel and represent himself, it is the responsibility of the trial judge to determine whether there has been an intelligent and competent waiver.” State v. Bateman, 296 S.C. 367, 369 , 373 S.E.2d 470, 471 (1988) (citations omitted).

2002“While it is beyond question that an accused may waive counsel and represent himself, it is the responsibility of the trial judge to determine whether there has been an intelligent and competent waiver.” State v. Bateman, 296 S.C. 367, 369 , 373 S.E.2d 470, 471 (1988) (citations omitted).

12

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in South Carolina. Read the followed side critically anyway.

Also cited on this issue (3)

CaseCitedYears
Salley v. State green
sc · 1991
2 sentences

1994Assuming appellant was entitled to appellate counsel before the circuit, we hold the court was not required to make a second specific inquiry to determine whether he made his decision to continue proceeding pro se “with his eyes open.” Cf. Salley v. State, 306 S.C. 213 , 410 S.E. (2d) 921 (1991) (where the trial judge has a duty to ensure a defendant makes an intelligent and competent waiver of the right to counsel, but makes no specific inquiry of the defendant, the appellate court will look to the record to discern whether there are facts to show the defendant had sufficient background or wa

1994Assuming appellant was entitled to appellate counsel before the circuit, we hold the court was not required to make a second specific inquiry to determine whether he made his decision to continue proceeding pro se “with his eyes open.” Cf. Salley v. State, 306 S.C. 213 , 410 S.E. (2d) 921 (1991) (where the trial judge has a duty to ensure a defendant makes an intelligent and competent waiver of the right to counsel, but makes no specific inquiry of the defendant, the appellate court will look to the record to discern whether there are facts to show the defendant had sufficient background or wa

11994–1994
Faretta v. California green
scotus · 1975
2 sentences

1988Faretta v. California, 422 U. S. 806 , 95 S. Ct. 2525 , 45 L.

1988Faretta v. California, 422 U. S. 806 , 95 S. Ct. 2525 , 45 L.

11988–1988
Johnson v. Zerbst red
scotus · 1938
2 sentences

1977Johnson v. Zerhst, 304 U. S. 458 , 58 S. Ct. 1019 , 82 L.

1977Johnson v. Zerhst, 304 U. S. 458 , 58 S. Ct. 1019 , 82 L.

11977–1977

Where else courts name it

CA 22 (1946–2017) OH 20 (1976–2022) AL 18 (1987–2025) GA 15 (1986–2007) IN 15 (1951–2020) TN 15 (1972–2025) MS 12 (1964–2014) CT 9 (1976–2025) AZ 8 (1968–2021) MD 8 (1977–2013) NJ 8 (1959–2018) CO 7 (1984–2016) WI 6 (1959–2017) MI 6 (1962–2020) NY 5 (1975–2024) SC 5 (1977–2002) NM 4 (1986–2020) UT 4 (1988–2011) LA 3 (1975–2012) HI 3 (1992–2006) ID 3 (1967–2025) PA 3 (1980–2023) WA 2 (1968–1988) DC 2 (1974–1991) MA 2 (1976–1984) IA 2 (1943–2025)

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.

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