5 Utah opinions name it 2 courts 1993–2021 1 in the last five years
The cases below were cited by Utah 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 |
|---|---|---|
Brookhart v. Janisgreen1 sentence2021See, e.g., United States v. Cherry, 217 F.3d 811, 815 (10th Cir. 2000) (―There is a presumption against the waiver of constitutional rights, and for a waiver to be effective it must be clearly established that there was an intentional relinquishment or abandonment of a known right or privilege.‖ (quoting Brookhart v. Janis, 384 U.S. 1, 4 (1966)). | 1 | 1 |
United States v. MICHELLE CHERRYgreen1 sentence2021See, e.g., United States v. Cherry, 217 F.3d 811, 815 (10th Cir. 2000) (―There is a presumption against the waiver of constitutional rights, and for a waiver to be effective it must be clearly established that there was an intentional relinquishment or abandonment of a known right or privilege.‖ (quoting Brookhart v. Janis, 384 U.S. 1, 4 (1966)). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Utah. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Johnson v. Zerbst
green
2 sentences1993A waiver of the Sixth Amendment right to counsel is valid only when there has been “ ‘an intentional relinquishment or abandonment of a known right or privilege.’ ” Id. 487 U.S. at 292 , 108 S.Ct. at 2395 (quoting Johnson v. Zerbst, 304 U.S. 458, 464 , 58 S.Ct. 1019, 1023 , 82 L.Ed. 1461 (1938)). 1993A waiver of the Sixth Amendment right to counsel is valid only when there has been “ ‘an intentional relinquishment or abandonment of a known right or privilege.’ ” Id. 487 U.S. at 292 , 108 S.Ct. at 2395 (quoting Johnson v. Zerbst, 304 U.S. 458, 464 , 58 S.Ct. 1019, 1023 , 82 L.Ed. 1461 (1938)). | 2 | 1993–2012 |
McCarthy v. United States
green
2 sentences2012McCarthy v. United States, 394 U.S. 459, 466 , 89 S.Ct. 1166 , 22 L.Ed.2d 418 (1969) (footnote omitted) (quoting Johnson v. Zerbst, 304 U.S. 458, 464 , 58 S.Ct. 1019 , 82 L.Ed. 1461 (1938)). . 2012McCarthy v. United States, 394 U.S. 459, 466 , 89 S.Ct. 1166 , 22 L.Ed.2d 418 (1969) (footnote omitted) (quoting Johnson v. Zerbst, 304 U.S. 458, 464 , 58 S.Ct. 1019 , 82 L.Ed. 1461 (1938)). . | 1 | 2012–2012 |
Boykin v. Alabama
green
2 sentences2009Boykin, 395 U.S. at 243 , 89 S.Ct. 1709 . 11 . 2009Boykin, 395 U.S. at 243 , 89 S.Ct. 1709 . 11 . | 1 | 2009–2009 |
Edwards v. Arizona
green
2 sentences1995A valid waiver “must not only be voluntary, but must also constitute a knowing and intelligent relinquishment or abandonment of a known right or privilege.” Edwards, 451 U.S. at 482 , 101 S.Ct. at 1884 ; Sampson, 808 P.2d at 1108 . 1995A valid waiver “must not only be voluntary, but must also constitute a knowing and intelligent relinquishment or abandonment of a known right or privilege.” Edwards, 451 U.S. at 482 , 101 S.Ct. at 1884 ; Sampson, 808 P.2d at 1108 . | 1 | 1995–1995 |
State v. Sampson
green
2 sentences1995A valid waiver “must not only be voluntary, but must also constitute a knowing and intelligent relinquishment or abandonment of a known right or privilege.” Edwards, 451 U.S. at 482 , 101 S.Ct. at 1884 ; Sampson, 808 P.2d at 1108 . 1995A valid waiver "must not only be voluntary, but must also constitute a knowing and intelligent relinquishment or abandonment of a known right or privilege." Edwards, 451 U.S. at 482 , 101 S.Ct. at 1884 ; Sampson, 808 P.2d at 1108 . | 1 | 1995–1995 |
Patterson v. Illinois
green
2 sentences1993A waiver of the Sixth Amendment right to counsel is valid only when there has been "`an intentional relinquishment or abandonment of a known right or privilege.'" Id. 487 U.S. at 292 , 108 S.Ct. at 2395 (quoting Johnson v. Zerbst, 304 U.S. 458, 464 , 58 S.Ct. 1019, 1023 , 82 L.Ed. 1461 (1938)). 1993A waiver of the Sixth Amendment right to counsel is valid only when there has been “ ‘an intentional relinquishment or abandonment of a known right or privilege.’ ” Id. 487 U.S. at 292 , 108 S.Ct. at 2395 (quoting Johnson v. Zerbst, 304 U.S. 458, 464 , 58 S.Ct. 1019, 1023 , 82 L.Ed. 1461 (1938)). | 1 | 1993–1993 |
Michigan v. Jackson
red
2 sentences1993A waiver of the Sixth Amendment right to counsel is valid only when there has been "`an intentional relinquishment or abandonment of a known right or privilege.'" Id. 487 U.S. at 292 , 108 S.Ct. at 2395 (quoting Johnson v. Zerbst, 304 U.S. 458, 464 , 58 S.Ct. 1019, 1023 , 82 L.Ed. 1461 (1938)). 1993A waiver of the Sixth Amendment right to counsel is valid only when there has been “ ‘an intentional relinquishment or abandonment of a known right or privilege.’ ” Id. 487 U.S. at 292 , 108 S.Ct. at 2395 (quoting Johnson v. Zerbst, 304 U.S. 458, 464 , 58 S.Ct. 1019, 1023 , 82 L.Ed. 1461 (1938)). | 1 | 1993–1993 |
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.