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19 Florida opinions name it 2 courts 1964–2014 0 in the last five years
The cases below were cited by Florida 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 |
|---|---|---|
Johnson v. Zerbstgreen2 sentences2014“The determination of whether there has been an intelligent waiver of right to counsel must depend, in each case, upon the particular facts and circumstances surrounding the case, including the background, experience, and conduct of the accused.” Id. at 277 n. 5, quoting Johnson v. Zerbst, 304 U.S. 458, 464 , 58 S.Ct. 1019,1023 , 82 L.Ed. 1461,1466 (1938). 2014“The determination of whether there has been an intelligent waiver of right to counsel must depend, in each case, upon the particular facts and circumstances surrounding the case, including the background, experience, and conduct of the accused.” Id. at 277 n. 5, quoting Johnson v. Zerbst, 304 U.S. 458, 464 , 58 S.Ct. 1019,1023 , 82 L.Ed. 1461,1466 (1938). | 1 | 4 |
Johnson v. Stategreen1 sentence2001The determination for need of counsel is the defendant's prerogative."). [14] The Court in Johnson v. State, 660 So.2d 637, 642 (Fla.1995), explained: Police are not required to disclose every possible ramification of a waiver of rights to a detainee apart from those general statements now required by Miranda and its progeny. | 1 | 1 |
State v. Craiggreen1 sentence2001(Emphasis added.) [13] Cf. State v. Craig, 237 So.2d 737, 740 (Fla. 1970) ("The Miranda decision does not require the interrogator to give legal advice, but only that defendant is told his constitutional rights and makes an intelligent waiver of counsel. | 1 | 1 |
Cannady v. Stategreen1 sentence1985See Cannady v. State, 427 So.2d 723 (Fla. 1983). | 1 | 1 |
Washington v. Stategreen1 sentence1983The result in Enrique is consistent with our holding here as (1) Enrique was not represented by an attorney, (2) there was no adequate on-the-record inquiry by the court, and (3) there was no indication that defendant obtained from other sources the information necessary to make for an intelligent waiver. [5] The presumption discussed in Washington v. State, 414 So.2d 522, 523 (Fla. 3d DCA 1982) (Pearson, J., concurring), that proceedings are conducted with regularity and that the trial court discharged its responsibility according to the law and in good faith, is of no assistance here. | 1 | 1 |
United States v. Michael Shapiro, Alias Mike Shapirogreen1 sentence1981See United States v. Shapiro, 222 F.2d 836 (7th Cir.1955) (where defendant entered a plea of guilty under the belief that he was a United States citizen and not subject to deportation, conviction would be set aside to prevent manifest injustice); People v. Giron, 11 Cal.3d 793 , 114 Cal. Rptr. 596 , 523 P.2d 636 (1974) (defendant's lack of awareness of deportation consequences constituted good cause for vacating a plea); People v. Wiedersperg, 44 Cal. App.3d 550 , 118 Cal. Rptr. 755 (1st Ct.App. 1975) (where defendant was not apprised of deportation consequences, petition to set aside convicti | 1 | 1 |
Mason v. Stategreen1 sentence1970See Mason v. State, Fla.1965, 176 So.2d 76, 80 ; McKenzie v. State, Fla.App.1966, 187 So.2d 69 ; King v. State, Fla.App.1963, 157 So.2d 440, 443-44 . | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
cluster 328022
green
2 sentences2014“The determination of whether there has been an intelligent waiver of right to counsel must depend, in each case, upon the particular facts and circumstances surrounding the case, including the background, experience, and conduct of the accused.” Id. at 277 n. 5, quoting Johnson v. Zerbst, 304 U.S. 458, 464 , 58 S.Ct. 1019,1023 , 82 L.Ed. 1461,1466 (1938). 2007Garcia, 517 F.2d at 277 . | 3 | 2007–2014 |
State v. Garcia
green
2 sentences1980State v. Garcia, 229 So.2d 236 (Fla. 1969). 1972The state relies on Rule 3.260 CrPR, 33 F.S.A., which states: "Defendant may, in writing, waive a jury trial with the approval of the court and the consent of the state;" and on State v. Garcia, Fla. 1969, 229 So.2d 236 , where the Supreme Court said: "Inherent in the privilege of a jury trial constitutionally preserved for the defendant is the right to waive it. | 2 | 1972–1980 |
United States v. Wade
green
2 sentences1996U.S. v. Wade, 388 U.S. 218 , 87 S.Ct. 1926 , 18 L.Ed.2d 1149 (1967). 1996U.S. v. Wade, 388 U.S. 218 , 87 S.Ct. 1926 , 18 L.Ed.2d 1149 (1967). | 1 | 1996–1996 |
Story v. State
green
1 sentence1989In response the State argues that when a question asked during voir dire is not material to a juror's qualifications, a defendant is not deprived of his right to a fair trial by a juror's failure to respond truthfully, citing Story v. State, 53 So.2d 920 (Fla. 1951) (en banc) (false answer to non-material question does not have the effect of concealing any juror disqualification; thus appellant's contention that he was deprived of his right to an intelligent challenge is without merit), cert. denied, 343 U.S. 958 , 72 S.Ct. 1055 , 96 L.Ed. 1357 (1952). | 1 | 1989–1989 |
Imboden v. United States
green
1 sentence1989In response the State argues that when a question asked during voir dire is not material to a juror's qualifications, a defendant is not deprived of his right to a fair trial by a juror's failure to respond truthfully, citing Story v. State, 53 So.2d 920 (Fla. 1951) (en banc) (false answer to non-material question does not have the effect of concealing any juror disqualification; thus appellant's contention that he was deprived of his right to an intelligent challenge is without merit), cert. denied, 343 U.S. 958 , 72 S.Ct. 1055 , 96 L.Ed. 1357 (1952). | 1 | 1989–1989 |
Patent Scaffolding Co. v. Up-Right, Inc.
neutral
1 sentence1989In response the State argues that when a question asked during voir dire is not material to a juror's qualifications, a defendant is not deprived of his right to a fair trial by a juror's failure to respond truthfully, citing Story v. State, 53 So.2d 920 (Fla. 1951) (en banc) (false answer to non-material question does not have the effect of concealing any juror disqualification; thus appellant's contention that he was deprived of his right to an intelligent challenge is without merit), cert. denied, 343 U.S. 958 , 72 S.Ct. 1055 , 96 L.Ed. 1357 (1952). | 1 | 1989–1989 |
Faretta v. California
green
2 sentences1988After determining that the trial court failed to make a Faretta inquiry ( see Faretta v. California, 422 U.S. 806 , 95 S.Ct. 2525 , 45 L.Ed.2d 562 (1975)) as to whether appellant McCutchen made an intelligent waiver of his right to counsel, we reverse his conviction and remand the cause for new trial. 1988After determining that the trial court failed to make a Faretta inquiry ( see Faretta v. California, 422 U.S. 806 , 95 S.Ct. 2525 , 45 L.Ed.2d 562 (1975)) as to whether appellant McCutchen made an intelligent waiver of his right to counsel, we reverse his conviction and remand the cause for new trial. | 1 | 1988–1988 |
Edwards v. State
green
1 sentence1985This court held, in Edwards v. State, 393 So.2d 597 (Fla. 3d DCA), pet. for rev. denied, 402 So.2d 613 (Fla. 1981), that ignorance of the potential consequence of deportation did not make for an intelligent waiver when the defendant entered a plea of guilty and that defense counsel's failure to inform the defendant of this potential consequence could render the guilty plea involuntary. | 1 | 1985–1985 |
State v. Battleman
green
1 sentence1981State v. Battleman, 374 So.2d 636 (Fla. 3d DCA 1979); State v. Riocabo, 372 So.2d 126 (Fla. 3d DCA 1979). . | 1 | 1981–1981 |
State v. Riocabo
green
1 sentence1981State v. Battleman, 374 So.2d 636 (Fla. 3d DCA 1979); State v. Riocabo, 372 So.2d 126 (Fla. 3d DCA 1979). . | 1 | 1981–1981 |
People v. Superior Court (Giron)
green
2 sentences1981See United States v. Shapiro, 222 F.2d 836 (7th Cir.1955) (where defendant entered a plea of guilty under the belief that he was a United States citizen and not subject to deportation, conviction would be set aside to prevent manifest injustice); People v. Giron, 11 Cal.3d 793 , 114 Cal. Rptr. 596 , 523 P.2d 636 (1974) (defendant's lack of awareness of deportation consequences constituted good cause for vacating a plea); People v. Wiedersperg, 44 Cal. App.3d 550 , 118 Cal. Rptr. 755 (1st Ct.App. 1975) (where defendant was not apprised of deportation consequences, petition to set aside convicti 1981See United States v. Shapiro, 222 F.2d 836 (7th Cir.1955) (where defendant entered a plea of guilty under the belief that he was a United States citizen and not subject to deportation, conviction would be set aside to prevent manifest injustice); People v. Giron, 11 Cal.3d 793 , 114 Cal. Rptr. 596 , 523 P.2d 636 (1974) (defendant's lack of awareness of deportation consequences constituted good cause for vacating a plea); People v. Wiedersperg, 44 Cal. App.3d 550 , 118 Cal. Rptr. 755 (1st Ct.App. 1975) (where defendant was not apprised of deportation consequences, petition to set aside convicti | 1 | 1981–1981 |
People v. Wiedersperg
green
2 sentences1981See United States v. Shapiro, 222 F.2d 836 (7th Cir.1955) (where defendant entered a plea of guilty under the belief that he was a United States citizen and not subject to deportation, conviction would be set aside to prevent manifest injustice); People v. Giron, 11 Cal.3d 793 , 114 Cal. Rptr. 596 , 523 P.2d 636 (1974) (defendant's lack of awareness of deportation consequences constituted good cause for vacating a plea); People v. Wiedersperg, 44 Cal. App.3d 550 , 118 Cal. Rptr. 755 (1st Ct.App. 1975) (where defendant was not apprised of deportation consequences, petition to set aside convicti 1981See United States v. Shapiro, 222 F.2d 836 (7th Cir.1955) (where defendant entered a plea of guilty under the belief that he was a United States citizen and not subject to deportation, conviction would be set aside to prevent manifest injustice); People v. Giron, 11 Cal.3d 793 , 114 Cal. Rptr. 596 , 523 P.2d 636 (1974) (defendant's lack of awareness of deportation consequences constituted good cause for vacating a plea); People v. Wiedersperg, 44 Cal. App.3d 550 , 118 Cal. Rptr. 755 (1st Ct.App. 1975) (where defendant was not apprised of deportation consequences, petition to set aside convicti | 1 | 1981–1981 |
King v. State
green
1 sentence1970See Mason v. State, Fla.1965, 176 So.2d 76, 80 ; McKenzie v. State, Fla.App.1966, 187 So.2d 69 ; King v. State, Fla.App.1963, 157 So.2d 440, 443-44 . | 1 | 1970–1970 |
United States v. Maynard Francis Hayes
green
1 sentence1970"The record before us indicates that in response to the question, `knowing your rights as they have been related to you, are you now willing to answer questions without having an attorney present?', the defendant answered, `Yes' and proceeded to answer the questions put to him by the police officer." In discussing the strong presumption against waivers and the standards of proof needed to overcome the presumption, the Court in the Miranda decision relied upon Johnson v. Zerbst, 304 U.S. 458 , 58 S.Ct. *741 1019, 82 L.Ed. 1461 (1938), in which the Court unequivocally stated: "The determination | 1 | 1970–1970 |
McKenzie v. State
neutral
1 sentence1970See Mason v. State, Fla.1965, 176 So.2d 76, 80 ; McKenzie v. State, Fla.App.1966, 187 So.2d 69 ; King v. State, Fla.App.1963, 157 So.2d 440, 443-44 . | 1 | 1970–1970 |
Savage v. State
green
1 sentence1964This court recognized that principle in Savage v. State, 156 So.2d 566 (1963), Mullins v. State, 157 So.2d 701 (1963), and Conley v. State, 160 So.2d 752 . | 1 | 1964–1964 |
Mullins v. State
green
1 sentence1964This court recognized that principle in Savage v. State, 156 So.2d 566 (1963), Mullins v. State, 157 So.2d 701 (1963), and Conley v. State, 160 So.2d 752 . | 1 | 1964–1964 |
Conley v. State
green
1 sentence1964This court recognized that principle in Savage v. State, 156 So.2d 566 (1963), Mullins v. State, 157 So.2d 701 (1963), and Conley v. State, 160 So.2d 752 . | 1 | 1964–1964 |
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.