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22 Connecticut opinions name it 2 courts 1989–2022 1 in the last five years
The cases below were cited by Connecticut 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 |
|---|---|---|
State v. Haffordgreen2 sentences2004“In considering the validity of this waiver, we look, as did the trial court, to the totality of the circumstances of the claimed waiver.” (Internal quotation marks omitted.) State v. Hafford, 252 Conn. 274, 296 , 746 A.2d 150 , cert. denied, 531 U.S. 855 , 121 S. Ct. 136 , 148 L. 2004“In considering the validity of this waiver, we look, as did the trial court, to the totality of the circumstances of the claimed waiver.” (Internal quotation marks omitted.) State v. Hafford, 252 Conn. 274, 296 , 746 A.2d 150 , cert. denied, 531 U.S. 855 , 121 S. Ct. 136 , 148 L. | 2 | 5 |
Escarino-Carrillo v. United Statesgreen2 sentences2004Under this standard, “[t]he determination of whether there has been an intelligent waiver of [a constitutional right] must depend, in each case, upon *754 the particular facts and circumstances surrounding that case, including the background, experience, and conduct of the accused.” Johnson v. Zerbst, supra, 304 U.S. 464 ; see also State v. Hafford, 252 Conn. 274, 296 , 746 A.2d 150 (“[i]n considering the validity of [a] waiver, we look ... to the totality of the circumstances of the claimed waiver”), cert. denied, 531 U.S. 855 , 121 S. Ct. 136 , 148 L. 2004“In considering the validity of this waiver, we look, as did the trial court, to the totality of the circumstances of the claimed waiver.” (Internal quotation marks omitted.) State v. Hafford, 252 Conn. 274, 296 , 746 A.2d 150 , cert. denied, 531 U.S. 855 , 121 S. Ct. 136 , 148 L. | 2 | 5 |
Johnson v. McCaughtrygreen2 sentences2004Under this standard, “[t]he determination of whether there has been an intelligent waiver of [a constitutional right] must depend, in each case, upon *754 the particular facts and circumstances surrounding that case, including the background, experience, and conduct of the accused.” Johnson v. Zerbst, supra, 304 U.S. 464 ; see also State v. Hafford, 252 Conn. 274, 296 , 746 A.2d 150 (“[i]n considering the validity of [a] waiver, we look ... to the totality of the circumstances of the claimed waiver”), cert. denied, 531 U.S. 855 , 121 S. Ct. 136 , 148 L. 2004“In considering the validity of this waiver, we look, as did the trial court, to the totality of the circumstances of the claimed waiver.” (Internal quotation marks omitted.) State v. Hafford, 252 Conn. 274, 296 , 746 A.2d 150 , cert. denied, 531 U.S. 855 , 121 S. Ct. 136 , 148 L. | 2 | 5 |
Gonzales-Lemus v. Californiagreen2 sentences2004Under this standard, “[t]he determination of whether there has been an intelligent waiver of [a constitutional right] must depend, in each case, upon *754 the particular facts and circumstances surrounding that case, including the background, experience, and conduct of the accused.” Johnson v. Zerbst, supra, 304 U.S. 464 ; see also State v. Hafford, 252 Conn. 274, 296 , 746 A.2d 150 (“[i]n considering the validity of [a] waiver, we look ... to the totality of the circumstances of the claimed waiver”), cert. denied, 531 U.S. 855 , 121 S. Ct. 136 , 148 L. 2004“In considering the validity of this waiver, we look, as did the trial court, to the totality of the circumstances of the claimed waiver.” (Internal quotation marks omitted.) State v. Hafford, 252 Conn. 274, 296 , 746 A.2d 150 , cert. denied, 531 U.S. 855 , 121 S. Ct. 136 , 148 L. | 2 | 5 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Connecticut. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
State v. Azukas
green
2 sentences2015In considering the validity of a waiver, we look to the totality of the circumstances of the claimed waiver.’’ (Citation omitted; internal quota- tion marks omitted.) State v. Azukas, 278 Conn. 266, 288 , 897 A.2d 554 (2006). ‘‘Although we usually defer to findings made by the trier of fact, such deference is qualified in questions of this nature by the need to examine the record scrupulously to ascertain whether the factual findings were supported by substantial evi- dence.’’ (Internal quotation marks omitted.) State v. Miller, supra, 137 Conn. App. 531 . ‘‘[A]fter giving a Miranda warning, p 2007Although the issue of whether there has been a knowing and voluntary waiver is ultimately factual, the usual deference to fact-finding by the trial court is qualified in this area by the necessity for a scrupulous examination of the record to ascertain whether such a factual finding is supported by substantial evidence.” (Citations omitted; internal quotation marks omitted.) State v. Azukas, 278 Conn. 267, 288 , 897 A.2d 554 (2006). | 3 | 2007–2015 |
State v. Jones
green
2 sentences2009Moreover, “[i]n considering the validity of a waiver, we look to the totality of the circumstances of the claimed waiver.” (Internal quotation marks omitted.) State v. Jones, 281 Conn. 613, 654 , 916 A.2d 17 , cert. denied, 552 U.S. 868 , 128 S. Ct. 164 , 169 L. 2009Moreover, “[i]n considering the validity of a waiver, we look to the totality of the circumstances of the claimed waiver.” (Internal quotation marks omitted.) State v. Jones, 281 Conn. 613, 654 , 916 A.2d 17 , cert. denied, 552 U.S. 868 , 128 S. Ct. 164 , 169 L. | 3 | 2007–2009 |
State v. Simms
green
2 sentences2000See State v. Chung, supra, 48 ; State v. Simms, 201 Conn. 395, 415 , 518 A.2d 35 (1986).” (Internal quotation marks omitted.) State v. Madera, 210 Conn. 22, 48-49 , 554 A.2d 263 (1989). 2000See State v. Chung, supra, 48 ; State v. Simms, 201 Conn. 395, 415 , 518 A.2d 35 (1986).” (Internal quotation marks omitted.) State v. Madera, 210 Conn. 22, 48-49 , 554 A.2d 263 (1989). | 3 | 1989–2000 |
State v. Santiago
green
2 sentences2017In considering the validity of [a] waiver, we look, as did the trial court, to the totality of the circumstances of the claimed waiver." (Citation omitted; emphasis omitted; internal quotation marks omitted.) State v. Santiago , 245 Conn. 301 , 320, 715 A.2d 1 (1998). 2017In considering the validity of [a] waiver, we look, as did the trial court, to the totality of the circumstances of the claimed waiver." (Citation omitted; emphasis omitted; internal quotation marks omitted.) State v. Santiago , 245 Conn. 301 , 320, 715 A.2d 1 (1998). | 2 | 2000–2017 |
State v. Wright
green
2 sentences2008In considering the validity of this waiver, we look, as did the trial court, to the totality of the circumstances of the claimed waiver.” (Citation omitted; internal quotation marks omitted.) State v. Wright, 76 Conn. App. 91, 99-100 , 818 A.2d 824 (2003), cert. denied, 267 Conn. 911 , 840 A.2d 1175 (2004). 2008In considering the validity of this waiver, we look, as did the trial court, to the totality of the circumstances of the claimed waiver.” (Citation omitted; internal quotation marks omitted.) State v. Wright, 76 Conn. App. 91, 99-100 , 818 A.2d 824 (2003), cert. denied, 267 Conn. 911 , 840 A.2d 1175 (2004). | 2 | 2003–2008 |
State v. Madera
green
2 sentences1998In reviewing the validity of a waiver, “we look, as did the trial court, to the totality of the circumstances of the claimed waiver.” (Internal quotation marks omitted.) State v. Santiago, supra, 320 ; State v. Madera, 210 Conn. 22, 49 , 554 A.2d 263 (1989). 1998In reviewing the validity of a waiver, “we look, as did the trial court, to the totality of the circumstances of the claimed waiver.” (Internal quotation marks omitted.) State v. Santiago, supra, 320 ; State v. Madera, 210 Conn. 22, 49 , 554 A.2d 263 (1989). | 2 | 1998–2000 |
State v. Miller
neutral
2 sentences2022Factors used to assess the totality of the circumstances include the age of the accused, the extent of his education, evidence concern- ing advisement of constitutional rights and the length and nature of the interrogation.’’ (Citation omitted; internal quotation marks omitted.) State v. Miller, 137 Conn. App. 520, 531 , 48 A.3d 748 , cert. denied, 307 Conn. 914 , 54 A.3d 179 (2012). 2022Factors used to assess the totality of the circumstances include the age of the accused, the extent of his education, evidence concern- ing advisement of constitutional rights and the length and nature of the interrogation.’’ (Citation omitted; internal quotation marks omitted.) State v. Miller, 137 Conn. App. 520, 531 , 48 A.3d 748 , cert. denied, 307 Conn. 914 , 54 A.3d 179 (2012). | 1 | 2022–2022 |
Berghuis v. Thompkins
green
2 sentences2015In considering the validity of a waiver, we look to the totality of the circumstances of the claimed waiver.’’ (Citation omitted; internal quota- tion marks omitted.) State v. Azukas, 278 Conn. 266, 288 , 897 A.2d 554 (2006). ‘‘Although we usually defer to findings made by the trier of fact, such deference is qualified in questions of this nature by the need to examine the record scrupulously to ascertain whether the factual findings were supported by substantial evi- dence.’’ (Internal quotation marks omitted.) State v. Miller, supra, 137 Conn. App. 531 . ‘‘[A]fter giving a Miranda warning, p 2015In considering the validity of a waiver, we look to the totality of the circumstances of the claimed waiver.’’ (Citation omitted; internal quota- tion marks omitted.) State v. Azukas, 278 Conn. 266, 288 , 897 A.2d 554 (2006). ‘‘Although we usually defer to findings made by the trier of fact, such deference is qualified in questions of this nature by the need to examine the record scrupulously to ascertain whether the factual findings were supported by substantial evi- dence.’’ (Internal quotation marks omitted.) State v. Miller, supra, 137 Conn. App. 531 . ‘‘[A]fter giving a Miranda warning, p | 1 | 2015–2015 |
Prudential Property and Casualty Insurance Co. v. Anderson
green
1 sentence2012In considering the validity of a waiver, we look to the totality of the circumstances of the claimed waiver.” (Internal quotation marks omitted.) State v. Ortiz, 101 Conn. App. 411, 421 , 922 A.2d 244 , cert. denied, 283 Conn. 911 , 928 A.2d 538 (2007). | 1 | 2012–2012 |
State v. Lane
green
1 sentence2012In considering the validity of a waiver, we look to the totality of the circumstances of the claimed waiver.” (Internal quotation marks omitted.) State v. Ortiz, 101 Conn. App. 411, 421 , 922 A.2d 244 , cert. denied, 283 Conn. 911 , 928 A.2d 538 (2007). | 1 | 2012–2012 |
State v. Ortiz
green
2 sentences2012In considering the validity of a waiver, we look to the totality of the circumstances of the claimed waiver.” (Internal quotation marks omitted.) State v. Ortiz, 101 Conn. App. 411, 421 , 922 A.2d 244 , cert. denied, 283 Conn. 911 , 928 A.2d 538 (2007). 2012In considering the validity of a waiver, we look to the totality of the circumstances of the claimed waiver.” (Internal quotation marks omitted.) State v. Ortiz, 101 Conn. App. 411, 421 , 922 A.2d 244 , cert. denied, 283 Conn. 911 , 928 A.2d 538 (2007). | 1 | 2012–2012 |
Paige v. Statewide Grievance Committee
green
1 sentence2008In considering the validity of this waiver, we look, as did the trial court, to the totality of the circumstances of the claimed waiver.” (Citation omitted; internal quotation marks omitted.) State v. Wright, 76 Conn. App. 91, 99-100 , 818 A.2d 824 (2003), cert. denied, 267 Conn. 911 , 840 A.2d 1175 (2004). | 1 | 2008–2008 |
State v. Vargas
green
1 sentence2008In considering the validity of this waiver, we look, as did the trial court, to the totality of the circumstances of the claimed waiver.” (Citation omitted; internal quotation marks omitted.) State v. Wright, 76 Conn. App. 91, 99-100 , 818 A.2d 824 (2003), cert. denied, 267 Conn. 911 , 840 A.2d 1175 (2004). | 1 | 2008–2008 |
State v. Rice
green
1 sentence2008Although the issue of whether there has been a knowing and voluntary waiver is ultimately factual, the usual deference to fact-finding by the trial court is qualified in this area by the necessity for a scrupulous examination of the record to ascertain whether such a factual finding is supported by substantial evidence.” (Internal quotation marks omitted.) State v. Rice, 105 Conn. App. 103, 113 , 936 A.2d 694 (2007), cert. denied, 285 Conn. 921 , 943 A.2d 1101 (2008). | 1 | 2008–2008 |
State v. Rice
green
2 sentences2008Although the issue of whether there has been a knowing and voluntary waiver is ultimately factual, the usual deference to fact-finding by the trial court is qualified in this area by the necessity for a scrupulous examination of the record to ascertain whether such a factual finding is supported by substantial evidence.” (Internal quotation marks omitted.) State v. Rice, 105 Conn. App. 103, 113 , 936 A.2d 694 (2007), cert. denied, 285 Conn. 921 , 943 A.2d 1101 (2008). 2008Although the issue of whether there has been a knowing and voluntary waiver is ultimately factual, the usual deference to fact-finding by the trial court is qualified in this area by the necessity for a scrupulous examination of the record to ascertain whether such a factual finding is supported by substantial evidence.” (Internal quotation marks omitted.) State v. Rice, 105 Conn. App. 103, 113 , 936 A.2d 694 (2007), cert. denied, 285 Conn. 921 , 943 A.2d 1101 (2008). | 1 | 2008–2008 |
State v. Rice
green
1 sentence2008Although the issue of whether there has been a knowing and voluntary waiver is ultimately factual, the usual deference to fact-finding by the trial court is qualified in this area by the necessity for a scrupulous examination of the record to ascertain whether such a factual finding is supported by substantial evidence.” (Internal quotation marks omitted.) State v. Rice, 105 Conn. App. 103, 113 , 936 A.2d 694 (2007), cert. denied, 285 Conn. 921 , 943 A.2d 1101 (2008). | 1 | 2008–2008 |
State v. Toste
green
2 sentences1998The determination of “[w]hether a defendant has knowingly and intelligently waived his rights under Miranda depends in part on the competency of the defendant, or, in other words, on his ability to understand and act upon his constitutional rights.” (Internal quotation marks omitted.) State v. Toste, 198 Conn. 573, 580 , 504 A.2d 1036 (1986). 1998The determination of “[w]hether a defendant has knowingly and intelligently waived his rights under Miranda depends in part on the competency of the defendant, or, in other words, on his ability to understand and act upon his constitutional rights.” (Internal quotation marks omitted.) State v. Toste, 198 Conn. 573, 580 , 504 A.2d 1036 (1986). | 1 | 1998–1998 |
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.