voluntary waiver in Indiana

22 Indiana opinions name it 2 courts 1973–2020 0 in the last five years

The cases below were cited by Indiana 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 (10)

Case	Followed	Cited
Steven Duncan v. State of Indianagreen indctapp · 2012 · cited in 2 Indiana opinions naming this issue, 2014–2014 2 sentences 2014Gonzalez v. State, 757 N.E.2d 202, 205 (Ind.Ct.App.2001), trans. denied. “ ‘A voluntary waiver occurs if the conduct constituting the waiver is the product of a free will; a knowing waiver is the product of an informed will; [and] an intelligent waiver is the product of a will that has the capacity to understand....’” Duncan v. State, 975 N.E.2d 838, 842-43 (Ind.Ct.App.2012) (quoting Eldridge v. State, 627 N.E.2d 844, 846 (Ind.Ct.App.1994), trans. denied). 2014“A voluntary waiver occurs if the conduct constituting the waiver is the product of a free will; a knowing waiver is the product of an 3 informed will; an intelligent waiver is the product of a will that has the capacity to understand . . . .” Duncan, 975 N.E.2d at 842-43 (citation omitted).	2	2
Eldridge v. Stategreen indctapp · 1994 · cited in 3 Indiana opinions naming this issue, 1999–2014 2 sentences 2014Gonzalez v. State, 757 N.E.2d 202, 205 (Ind.Ct.App.2001), trans. denied. “ ‘A voluntary waiver occurs if the conduct constituting the waiver is the product of a free will; a knowing waiver is the product of an informed will; [and] an intelligent waiver is the product of a will that has the capacity to understand....’” Duncan v. State, 975 N.E.2d 838, 842-43 (Ind.Ct.App.2012) (quoting Eldridge v. State, 627 N.E.2d 844, 846 (Ind.Ct.App.1994), trans. denied). 2014Gonzalez v. State, 757 N.E.2d 202, 205 (Ind. Ct. App. 2001), trans. denied. “‘A voluntary waiver occurs if the conduct constituting the waiver is the product of a free will; a knowing waiver is the product of an informed will; [and] an intelligent waiver is the product of a will that has the capacity to understand . . . .’” Duncan v. State, 975 N.E.2d 838, 842-43 (Ind. Ct. App. 2012) (quoting Eldridge v. State, 627 N.E.2d 844, 846 (Ind. Ct. App. 1994), trans. denied).	1	3
Boykin v. Alabamagreen scotus · 1969 · cited in 2 Indiana opinions naming this issue, 1990–2020 2 sentences 2020Boykin v. Alabama, 395 U.S. 238, 243 (1969); Poore v. State, 681 N.E.2d 204, 206 (Ind. 1997). 1990The defendant's voluntary waiver of the right to confrontation at a guilty plea hearing is governed by Boykin v. Alabama (1969) 395 U.S. 2838 , 89 S.Ct. 1709 , 23 LEd.2d 274.	1	2
Poore v. Stategreen ind · 1997 · cited in 1 Indiana opinions naming this issue, 2020–2020 1 sentence 2020Boykin v. Alabama, 395 U.S. 238, 243 (1969); Poore v. State, 681 N.E.2d 204, 206 (Ind. 1997).	1	1
Michael Johnson v. State of Indianagreen indctapp · 2014 · cited in 1 Indiana opinions naming this issue, 2020–2020 1 sentence 2020“A voluntary waiver occurs if the conduct constituting the waiver is the product of a free will; a knowing waiver is the product of an informed will; [and] an intelligent waiver is the product of a will that has the capacity to understand[.]” Johnson v. State, 6 N.E.3d 491, 496 (Ind. Ct. App. 2014) (internal quotation omitted). [11] A knowing, voluntary, and intelligent waiver of the right to a jury trial cannot be inferred from a record which does not evidence such personal choice.	1	1
Gonzalez v. Stategreen indctapp · 2001 · cited in 1 Indiana opinions naming this issue, 2014–2014 2 sentences 2014Gonzalez v. State, 757 N.E.2d 202, 205 (Ind.Ct.App.2001), trans. denied. “ ‘A voluntary waiver occurs if the conduct constituting the waiver is the product of a free will; a knowing waiver is the product of an informed will; [and] an intelligent waiver is the product of a will that has the capacity to understand....’” Duncan v. State, 975 N.E.2d 838, 842-43 (Ind.Ct.App.2012) (quoting Eldridge v. State, 627 N.E.2d 844, 846 (Ind.Ct.App.1994), trans. denied). 2014Gonzalez v. State, 757 N.E.2d 202, 205 (Ind. Ct. App. 2001), trans. denied. “‘A voluntary waiver occurs if the conduct constituting the waiver is the product of a free will; a knowing waiver is the product of an informed will; [and] an intelligent waiver is the product of a will that has the capacity to understand . . . .’” Duncan v. State, 975 N.E.2d 838, 842-43 (Ind. Ct. App. 2012) (quoting Eldridge v. State, 627 N.E.2d 844, 846 (Ind. Ct. App. 1994), trans. denied).	1	1
Pope v. Stategreen indctapp · 2006 · cited in 1 Indiana opinions naming this issue, 2012–2012 1 sentence 2012Although certain irregularities in due process rights may be harmless, see Pope v. State, 853 N.E.2d 970, 973 (Ind. Ct. App. 2006),4 I cannot say absent a voluntary waiver of a right to an evidentiary hearing that not having that hearing can ever be harmless error.	1	1
United States v. Rosivito Hoskinsgreen ca7 · 2001 · cited in 1 Indiana opinions naming this issue, 2011–2011 1 sentence 2011Our Supreme Court adopted the analysis in United States v. Hoskins, 243 F.3d 407, 410 (7th Cir.2001), 3 and found that because the defendant had not been warned of the dangers and disadvantages of self-representation, his waiver of the right to counsel was not made knowingly or intelligently, although his choice to sleep and work instead of locating an attorney potentially reflected a voluntary waiver. 749 N.E.2d at 1128 .	1	1
Cary by and Through Cary v. Oneok, Inc.green okla · 1997 · cited in 1 Indiana opinions naming this issue, 2002–2002 2 sentences 2002Relying on the “open courts” 7 provision in its constitution, the Oklahoma Supreme Court concluded that “[ajbsent a voluntary waiver we hold that only in the case of extreme circumstances may a party be excluded from the proceedings.” Id. at 204 . 2002Relying on the "open courts" [7] provision in its constitution, the Oklahoma Supreme Court concluded that "[a]bsent a voluntary waiver we hold that only in the case of extreme circumstances may a party be excluded from the proceedings." Id. at 204.	1	1
Works v. Stategreen ind · 1977 · cited in 1 Indiana opinions naming this issue, 1982–1982 2 sentences 1982See Works v. State, (1977) 266 Ind. 250 , 362 N.E.2d 144 . 1982See Works v. State, (1977) 266 Ind. 250 , 362 N.E.2d 144 .	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Indiana. Read the followed side critically anyway.

Also cited on this issue (15)

Case	Cited	Years
Reynolds v. State green indctapp · 1999 2 sentences 2015Id. (citation omitted). [14] Williams argues that his waiver was not an informed decision for two reasons. 2015Id. (citation omitted). [21] Here, nothing in the record suggests that Horton did not understand his right to a jury trial and the consequences of waiving that right.	2	2015–2015
Poynter v. State green ind · 2001 2 sentences 2011Our Supreme Court adopted the analysis in United States v. Hoskins, 243 F.3d 407, 410 (7th Cir.2001), 3 and found that because the defendant had not been warned of the dangers and disadvantages of self-representation, his waiver of the right to counsel was not made knowingly or intelligently, although his choice to sleep and work instead of locating an attorney potentially reflected a voluntary waiver. 749 N.E.2d at 1128 . 2011“The appellate court is to consider whether the defendant voluntarily, either verbally or by conduct, chose self-representation, and whether in so choosing the defendant made a knowing and intelligent waiver of the Sixth Amendment right to counsel.” Id. at 1128-29 .	1	2011–2011
Lambert v. State green ind · 1989 2 sentences 2010The defense responded that "our client was in no position to give a voluntary waiver of rights under his circumstances and I was just exploring that issue." Id. 2010The trial court sustained the State's objection but told defense counsel, "you'll be given that opportunity but {not] for this particular Exhibit at this particular time." Id.	1	2010–2010
Allen v. State green ind · 1997 2 sentences 1998Id. 1998Id.	1	1998–1998
Dickerson v. State green ind · 1972 2 sentences 1987Dickerson v. State (1972), 257 Ind. 562 , 276 N.E.2d 845, 849 . 1987Dickerson v. State (1972), 257 Ind. 562 , 276 N.E.2d 845, 849 .	1	1987–1987
Miller v. State green ind · 1944 2 sentences 1986He argues that he did not have the capacity to give a voluntary waiver of his rights and that the statements should have been suppressed, citing Miller v. State (1944), 223 Ind. 50 , 58 N.E.2d 114 . 1986He argues that he did not have the capacity to give a voluntary waiver of his rights and that the statements should have been suppressed, citing Miller v. State (1944), 223 Ind. 50 , 58 N.E.2d 114 .	1	1986–1986
Edwards v. Arizona green scotus · 1981 2 sentences 1986Edwards, 451 U.S. at 488 , 101 S.Ct at 1886-1887 , 68 L.Ed.2d at 388-3889 . 1986Edwards, 451 U.S. at 488 , 101 S.Ct at 1886-1887 , 68 L.Ed.2d at 388-3889 .	1	1986–1986
Tawney v. State green ind · 1982 1 sentence 1983Tawney v. State, (1982) 439 N.E.2d 582, 586 .	1	1983–1983
Grey v. State green ind · 1980 1 sentence 1981We apply this same test to determine if there was a voluntary waiver of “Miranda Rights.” Grey v. State (1980), Ind., 404 N.E.2d 1348 .	1	1981–1981
Ortiz v. State green ind · 1976 2 sentences 1980Ortiz v. State, (1976) 265 Ind. 549 , 356 N.E.2d 1188 . 1980Ortiz v. State, (1976) 265 Ind. 549 , 356 N.E.2d 1188 .	1	1980–1980
Hewitt v. State neutral ind · 1973 2 sentences 1979Cf. Butler, supra; Morris v. State, (1977) Ind., 364 N.E.2d 132, 136 ; Hewitt v. State, (1973) 261 Ind. 71, 77 , 300 N.E.2d 94, 98 ; Miller v. State, (1974) 161 Ind.App. 563 , 316 N.E.2d 589 . 1979Cf. Butler, supra; Morris v. State, (1977) Ind., 364 N.E.2d 132, 136 ; Hewitt v. State, (1973) 261 Ind. 71, 77 , 300 N.E.2d 94, 98 ; Miller v. State, (1974) 161 Ind.App. 563 , 316 N.E.2d 589 .	1	1979–1979
Morris v. State green ind · 1977 1 sentence 1979Cf. Butler, supra; Morris v. State, (1977) Ind., 364 N.E.2d 132, 136 ; Hewitt v. State, (1973) 261 Ind. 71, 77 , 300 N.E.2d 94, 98 ; Miller v. State, (1974) 161 Ind.App. 563 , 316 N.E.2d 589 .	1	1979–1979
Miller v. State green indctapp · 1974 2 sentences 1979Cf. Butler, supra; Morris v. State, (1977) Ind., 364 N.E.2d 132, 136 ; Hewitt v. State, (1973) 261 Ind. 71, 77 , 300 N.E.2d 94, 98 ; Miller v. State, (1974) 161 Ind.App. 563 , 316 N.E.2d 589 . 1979Cf. Butler, supra; Morris v. State, (1977) Ind., 364 N.E.2d 132, 136 ; Hewitt v. State, (1973) 261 Ind. 71, 77 , 300 N.E.2d 94, 98 ; Miller v. State, (1974) 161 Ind.App. 563 , 316 N.E.2d 589 .	1	1979–1979
Randolph v. State green ind · 1954 2 sentences 1973Cody v. State (1972), 259 Ind. 570 , 290 N. E. 2d 38 , 34 Ind. Dec. 261 ; Randolph v. State (1954), 234 Ind. 57 , 122 N. E. 2d 860 . 1973Cody v. State (1972), 259 Ind. 570 , 290 N. E. 2d 38 , 34 Ind. Dec. 261 ; Randolph v. State (1954), 234 Ind. 57 , 122 N. E. 2d 860 .	1	1973–1973
Cody v. State green ind · 1972 2 sentences 1973Cody v. State (1972), 259 Ind. 570 , 290 N. E. 2d 38 , 34 Ind. Dec. 261 ; Randolph v. State (1954), 234 Ind. 57 , 122 N. E. 2d 860 . 1973Cody v. State (1972), 259 Ind. 570 , 290 N. E. 2d 38 , 34 Ind. Dec. 261 ; Randolph v. State (1954), 234 Ind. 57 , 122 N. E. 2d 860 .	1	1973–1973

Statutes the citing opinions construe

IN § Ind. Code § 35-42-2-1 (3) IN § Ind. Code § 35-42-5-1 (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

NY 45 (1887–2022) PA 42 (1888–2024) TX 40 (1977–2026) WA 40 (1968–2025) CA 38 (1932–2025) MA 37 (1917–2025) FL 33 (1962–2021) CO 32 (1982–2026) SC 28 (1979–2026) GA 22 (1910–2021) IN 22 (1973–2020) ND 21 (1993–2025) IL 21 (1974–2025) MO 19 (1973–2018) LA 19 (1958–2021) OH 19 (1928–2024) MD 18 (1975–2018) AZ 18 (1974–2022) NE 17 (1973–2025) NJ 17 (1969–2026) NM 14 (1969–2019) RI 14 (1996–2019) OR 13 (1979–2025) KS 13 (1976–2024) MN 13 (1961–2026) TN 12 (1999–2026) ID 12 (1977–2025) KY 12 (1972–2024) MS 11 (1984–2014) AL 10 (1953–2017) MI 10 (1970–2020) NC 10 (1972–2023) HI 10 (1904–2015) SD 10 (1977–2019) VA 9 (1991–2024) CT 9 (1988–2022) UT 8 (1969–2012) DC 8 (1976–2015) WI 8 (1987–2023) IA 8 (1977–2023) OK 7 (1923–2013) AR 6 (1892–2014) MT 6 (1922–2021) WV 5 (1912–2016) AK 5 (1980–2006) VT 4 (1993–2016) ME 4 (1970–2003) NH 3 (1983–1991) WY 3 (1937–2025) VI 2 (1998–2011)

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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