circumstances surrounding waiver (Arkansas) · Go Syfert
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circumstances surrounding waiver in Arkansas

37 Arkansas opinions name it 2 courts 1986–2025 6 in the last five years

The cases below were cited by Arkansas 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 (5)

CaseFollowedCited
Flanagan v. Stategreen
ark · 2006 · cited in 9 Arkansas opinions naming this issue, 2009–2021
2 sentences

2021Id.

2018Id.

19
Scott v. Stategreen
ark · 1981 · cited in 2 Arkansas opinions naming this issue, 2002–2005
2 sentences

2005See Scott & Johnson v. State, 272 Ark. 88, 93 , 612 S.W.2d 110, 113 (1981), quoted in Proctor v. State, 349 Ark. 648, 664 , 79 S.W.3d 370, 380 (2002) (“Obviously admission depends upon the circumstances surrounding the hearing.

2005See Scott & Johnson v. State, 272 Ark. 88, 93 , 612 S.W.2d 110, 113 (1981), quoted in Proctor v. State, 349 Ark. 648, 664 , 79 S.W.3d 370, 380 (2002) (“Obviously admission depends upon the circumstances surrounding the hearing.

12
Porchia v. Stategreen
ark · 1991 · cited in 2 Arkansas opinions naming this issue, 1993–1998
2 sentences

1998Porchia, 306 Ark. at 445 , 815 S.W.2d at 928 .

1998Porchia, 306 Ark. at 445 , 815 S.W.2d at 928 .

12
Proctor v. Stategreen
ark · 2002 · cited in 1 Arkansas opinions naming this issue, 2005–2005
2 sentences

2005See Scott & Johnson v. State, 272 Ark. 88, 93 , 612 S.W.2d 110, 113 (1981), quoted in Proctor v. State, 349 Ark. 648, 664 , 79 S.W.3d 370, 380 (2002) (“Obviously admission depends upon the circumstances surrounding the hearing.

2005See Scott & Johnson v. State, 272 Ark. 88, 93 , 612 S.W.2d 110, 113 (1981), quoted in Proctor v. State, 349 Ark. 648, 664 , 79 S.W.3d 370, 380 (2002) (“Obviously admission depends upon the circumstances surrounding the hearing.

11
Johnson v. Stategreen
ark · 1992 · cited in 1 Arkansas opinions naming this issue, 1993–1993
2 sentences

1993See Johnson v. State, 307 Ark. 525 , 823 S.W.2d 440 (1992) and Porchia v. State, 306 Ark. 443 , 815 S.W.2d 926 (1991).

1993See Johnson v. State, 307 Ark. 525 , 823 S.W.2d 440 (1992) and Porchia v. State, 306 Ark. 443 , 815 S.W.2d 926 (1991).

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (17)

CaseCitedYears
Flowers v. State green
ark · 2005
2 sentences

2020Id.

2017In order to make this determination, this court reviews the totality of the circumstances surrounding the waiver including the age, education, and intelligence of the accused; the lack of advice as to his constitutional rights; the length of the detention; the repeated and prolonged nature of the questioning; the use of mental or.physical punishment; and statements made by the interrogating officers and the vulnerability of the defendant.' Id.

52006–2020
Jordan v. State green
ark · 2004
2 sentences

2010Jordan v. State, 356 Ark. 248 , 147 S.W.3d 691 (2004). [4] This court will reverse a circuit judge's ruling on this issue only if it is clearly against the preponderance of the evidence.

2010Jordan v. State, 356 Ark. 248 , 147 S.W.3d 691 (2004). [4] This court will reverse a circuit judge's ruling on this issue only if it is clearly against the preponderance of the evidence.

42004–2010
Jackson v. State green
ark · 2013
2 sentences

2025Jackson v. State, 2013 Ark. 201 , 427 S.W.3d 607 .

2025Jackson v. State, 2013 Ark. 201 , 427 S.W.3d 607 .

22022–2025
Cameron Halliburton v. State of Arkansas green
ark · 2020
2 sentences

2025Id.

2025Id.

22025–2025
Bryant v. State green
ark · 2010
2 sentences

2024Bryant v. State, 2010 Ark. 7 , at 11–12, 377 S.W.3d 152, 159 .

2024Bryant v. State, 2010 Ark. 7 , at 11–12, 377 S.W.3d 152, 159 .

22020–2024
Diemer v. State green
ark · 2000
2 sentences

2005Jordan, 356 Ark. 248 , 147 S.W.3d 691 ; Diemer, 340 Ark. 223 , 9 S.W.3d 490 .

2005Jordan, 356 Ark. 248 , 147 S.W.3d 691 ; Diemer, 340 Ark. 223 , 9 S.W.3d 490 .

22004–2005
Hart v. State green
ark · 1993
2 sentences

1998Sanford, supra ; Hart v. State, 312 Ark. 600 , 852 S.W.2d 312 (1993).

1998Sanford, supra ; Hart v. State, 312 Ark. 600 , 852 S.W.2d 312 (1993).

21998–1998
Osburn v. State green
ark · 2009
2 sentences

2016Osburn v. State, 2009 Ark. 390 , 326 S.W.3d 771 .

2016Osburn v. State, 2009 Ark. 390 , 326 S.W.3d 771 .

12016–2016
Friar v. State green
ark · 2016
1 sentence

2016In making this determination, we review the totality of the circumstances surrounding the waiver, including the age, education, and intelligence of the 12 Cite as 2016 Ark. 245 accused; the lack of advice as to his constitutional rights; the length of detention; the repeated or prolonged nature of the questioning; the use of physical or mental punishment; and statements made by the interrogating officers and the vulnerability of the defendant.

12016–2016
Leach v. State green
ark · 2012
1 sentence

2013Id.

12013–2013
Arkansas v. Osburn green
scotus · 2010
1 sentence

2011Id.

12011–2011
MacKool v. State green
ark · 2006
2 sentences

2006Id.

2006Id.

12006–2006
Conner v. State green
ark · 1998
2 sentences

2001Conner v. State, 334 Ark. 457 , 982 S.W.2d 655 (1998).

2001Conner v. State, 334 Ark. 457 , 982 S.W.2d 655 (1998).

12001–2001
Sanford v. State green
ark · 1998
1 sentence

1999Id., 331 Ark. at 346 .

11999–1999
Mauppin v. State green
ark · 1992
2 sentences

1998Hart v. State, 312 Ark. 600 , 852 S.W.2d 312 (1993); Mauppin v. State, 309 Ark. 235 , 831 S.W.2d 104 (1992).

1998Hart v. State, 312 Ark. 600 , 852 S.W.2d 312 (1993); Mauppin v. State, 309 Ark. 235 , 831 S.W.2d 104 (1992).

11998–1998
State v. Bell green
ark · 1997
2 sentences

1998Here, the relevant inquiry is whether Sanford waived his rights “with the full awareness of both the nature of the right being abandoned and the consequences of the decision to abandon it.” State v. Bell, 329 Ark. 422 , 948 S.W.2d 557 (1997); Humphrey, supra. We make this determination by reviewing the totality of the circumstances surrounding the waiver which include the age, experience, education, background, and intelligence of the defendant.

1998Here, the relevant inquiry is whether Sanford waived his rights “with the full awareness of both the nature of the right being abandoned and the consequences of the decision to abandon it.” State v. Bell, 329 Ark. 422 , 948 S.W.2d 557 (1997); Humphrey, supra. We make this determination by reviewing the totality of the circumstances surrounding the waiver which include the age, experience, education, background, and intelligence of the defendant.

11998–1998
Thomerson v. State green
ark · 1981
2 sentences

1986In Thomerson v. State, 274 Ark. 17 , 621 S.W.2d 690 (1981) we explained: Although it would be a better practice to acquaint a defendant that counsel would be appointed by the court without cost to him, here, when we examine the totality of the circumstances surrounding the waiver and the confession, the lack of the words "free of charge", or similar words, does not appear to negate the overall effectiveness of the twice given warning or the voluntariness of the confession.

1986In Thomerson v. State, 274 Ark. 17 , 621 S.W.2d 690 (1981) we explained: Although it would be a better practice to acquaint a defendant that counsel would be appointed by the court without cost to him, here, when we examine the totality of the circumstances surrounding the waiver and the confession, the lack of the words "free of charge", or similar words, does not appear to negate the overall effectiveness of the twice given warning or the voluntariness of the confession.

11986–1986

Statutes the citing opinions construe

AR § Ark. Code Ann. § 5-2-202 (9) AR § Ark. Code Ann. § 5-10-102 (7) AR § Ark. Code Ann. § 9-27-317 (6) AR § Ark. Code Ann. § 5-10-103 (5) AR § Ark. Code Ann. § 5-10-101 (4) AR § Ark. Code Ann. § 5-36-103 (4) AR § Ark. Code Ann. § 5-39-201 (4) AR § Ark. Code Ann. § 5-14-101 (3) AR § Ark. Code Ann. § 5-14-103 (3) AR § Ark. Code Ann. § 5-14-125 (3) AR § Ark. Code Ann. § 9-27-318 (3) AR § Ark. Code Ann. § 9-27-330 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

CA 62 (1944–2026) NM 54 (2001–2026) OH 38 (1993–2025) AR 37 (1986–2025) NY 33 (1903–2024) CT 30 (1958–2017) IL 23 (1969–2025) FL 18 (1933–2025) PA 18 (1912–2025) MA 13 (1994–2020) WY 9 (1996–2026) TN 9 (1993–2014) AL 9 (1987–2018) KS 8 (1978–2026) RI 8 (1987–2019) IA 8 (1984–2022) IN 7 (1998–2019) TX 7 (1979–2022) NJ 5 (1991–2025) SC 4 (1977–2022) WA 4 (1968–2017) SD 3 (1990–2017) WV 3 (1995–2024) WI 3 (2006–2019) VA 3 (1986–2001) AK 3 (1977–2025) LA 2 (1977–2009) MI 2 (2015–2018) GA 2 (1977–1998) NH 2 (1994–2012) AZ 2 (1978–1985) ID 2 (2001–2004) MS 2 (1983–2019)

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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