voluntary and knowing waiver (Georgia) · Go Syfert
← Georgia issues

voluntary and knowing waiver in Georgia

18 Georgia opinions name it 2 courts 1972–2023 3 in the last five years

The cases below were cited by Georgia 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 (38)

CaseFollowedCited
Riley v. Stategreen
ga · 1976 · cited in 7 Georgia opinions naming this issue, 1977–2023
2 sentences

2023This Court declined to determine that such a waiver was involuntary per se, holding instead that “the question of a voluntary and knowing waiver depends on the totality of the circumstances[,] and the state has a heavy burden in showing that the juvenile did understand and waive his rights.” Id. at 128 .

2023This Court declined to determine that such a waiver was involuntary per se, holding instead that “the question of a voluntary and knowing waiver depends on the totality of the circumstances[,] and the state has a heavy burden in showing that the juvenile did understand and waive his rights.” Id. at 128.

47
Marshall v. Stategreen
ga · 1981 · cited in 4 Georgia opinions naming this issue, 1986–2023
2 sentences

2023They are . . .” and listing the Riley factors); Marshall v. State, 248 Ga. 227, 228-230 (282 SE2d 301) (1981) (noting that Riley held that “‘the question of a voluntary and knowing waiver depends on the totality of the circumstances,’ to be analyzed by a consideration of nine factors” and then listing and applying the Riley factors); Howe v. State, 250 Ga. 811, 812-813 (301 SE2d 280) (1983) (noting that “Riley . . . adopted a totality of the circumstances test,” but listing and applying the nine Riley factors and concluding that “[b]ased upon the totality of the circumstances, as reflected in

2023They are . . .” and listing the Riley factors); Marshall v. State, 248 Ga. 227, 228-230 (282 SE2d 301) (1981) (noting that Riley held that “‘the question of a voluntary and knowing waiver depends on the totality of the circumstances,’ to be analyzed by a consideration of nine factors” and then listing and applying the Riley factors); Howe v. State, 250 Ga. 811, 812-813 (301 SE2d 280) (1983) (noting that “Riley . . . adopted a totality of the circumstances test,” but listing and applying the nine Riley factors and concluding that “[b]ased upon the totality of the circumstances, as reflected in

44
Crawford v. Stategreen
ga · 1977 · cited in 4 Georgia opinions naming this issue, 1997–2023
2 sentences

2023See, e.g., Williams v. State, 238 Ga. 298, 302-303 (232 SE2d 535) (1977) (explaining that in Riley, “[w]e found that ‘the question of a voluntary and knowing waiver depends on the totality of the circumstances” and holding that “under the totality of the 18 circumstances[,] . . . the trial court did not err in admitting [the juvenile defendant’s] confession”); Crawford v. State, 240 Ga. 321, 323-324 (240 SE2d 824) (1977) (explaining that Riley “adopted a totality of the circumstances test” and holding that “[c]onsidering all the circumstances,” the State failed to prove “from the totality of t

2023See, e.g., Williams v. State, 238 Ga. 298, 302-303 (232 SE2d 535) (1977) (explaining that in Riley, “[w]e found that ‘the question of a voluntary and knowing waiver depends on the totality of the circumstances” and holding that “under the totality of the 18 circumstances[,] . . . the trial court did not err in admitting [the juvenile defendant’s] confession”); Crawford v. State, 240 Ga. 321, 323-324 (240 SE2d 824) (1977) (explaining that Riley “adopted a totality of the circumstances test” and holding that “[c]onsidering all the circumstances,” the State failed to prove “from the totality of t

34
Brooks v. Stategreen
ga · 2000 · cited in 1 Georgia opinions naming this issue, 2023–2023
11
Love v. Stategreen
ga · 2020 · cited in 1 Georgia opinions naming this issue, 2023–2023
2 sentences

2023See, e.g., Williams v. State, 238 Ga. 298, 302-303 (232 SE2d 535) (1977) (explaining that in Riley, “[w]e found that ‘the question of a voluntary and knowing waiver depends on the totality of the circumstances” and holding that “under the totality of the 18 circumstances[,] . . . the trial court did not err in admitting [the juvenile defendant’s] confession”); Crawford v. State, 240 Ga. 321, 323-324 (240 SE2d 824) (1977) (explaining that Riley “adopted a totality of the circumstances test” and holding that “[c]onsidering all the circumstances,” the State failed to prove “from the totality of t

2023See, e.g., Williams v. State, 238 Ga. 298, 302-303 (232 SE2d 535) (1977) (explaining that in Riley, “[w]e found that ‘the question of a voluntary and knowing waiver depends on the totality of the circumstances” and holding that “under the totality of the 18 circumstances[,] . . . the trial court did not err in admitting [the juvenile defendant’s] confession”); Crawford v. State, 240 Ga. 321, 323-324 (240 SE2d 824) (1977) (explaining that Riley “adopted a totality of the circumstances test” and holding that “[c]onsidering all the circumstances,” the State failed to prove “from the totality of t

11
Bedford v. Stategreen
ga · 2021 · cited in 1 Georgia opinions naming this issue, 2023–2023
11
Oubre v. Woldemichaelgreen
ga · 2017 · cited in 1 Georgia opinions naming this issue, 2023–2023
2 sentences

2023They are . . .” and listing the Riley factors); Marshall v. State, 248 Ga. 227, 228-230 (282 SE2d 301) (1981) (noting that Riley held that “‘the question of a voluntary and knowing waiver depends on the totality of the circumstances,’ to be analyzed by a consideration of nine factors” and then listing and applying the Riley factors); Howe v. State, 250 Ga. 811, 812-813 (301 SE2d 280) (1983) (noting that “Riley . . . adopted a totality of the circumstances test,” but listing and applying the nine Riley factors and concluding that “[b]ased upon the totality of the circumstances, as reflected in

2023They are . . .” and listing the Riley factors); Marshall v. State, 248 Ga. 227, 228-230 (282 SE2d 301) (1981) (noting that Riley held that “‘the question of a voluntary and knowing waiver depends on the totality of the circumstances,’ to be analyzed by a consideration of nine factors” and then listing and applying the Riley factors); Howe v. State, 250 Ga. 811, 812-813 (301 SE2d 280) (1983) (noting that “Riley . . . adopted a totality of the circumstances test,” but listing and applying the nine Riley factors and concluding that “[b]ased upon the totality of the circumstances, as reflected in

11
Couch v. Stategreen
ga · 1985 · cited in 1 Georgia opinions naming this issue, 2023–2023
11
Lane v. Stategreen
ga · 1981 · cited in 1 Georgia opinions naming this issue, 2023–2023
11
Henry v. Stategreen
ga · 1995 · cited in 1 Georgia opinions naming this issue, 2023–2023
2 sentences

2023They are . . .” and listing the Riley factors); Marshall v. State, 248 Ga. 227, 228-230 (282 SE2d 301) (1981) (noting that Riley held that “‘the question of a voluntary and knowing waiver depends on the totality of the circumstances,’ to be analyzed by a consideration of nine factors” and then listing and applying the Riley factors); Howe v. State, 250 Ga. 811, 812-813 (301 SE2d 280) (1983) (noting that “Riley . . . adopted a totality of the circumstances test,” but listing and applying the nine Riley factors and concluding that “[b]ased upon the totality of the circumstances, as reflected in

2023They are . . .” and listing the Riley factors); Marshall v. State, 248 Ga. 227, 228-230 (282 SE2d 301) (1981) (noting that Riley held that “‘the question of a voluntary and knowing waiver depends on the totality of the circumstances,’ to be analyzed by a consideration of nine factors” and then listing and applying the Riley factors); Howe v. State, 250 Ga. 811, 812-813 (301 SE2d 280) (1983) (noting that “Riley . . . adopted a totality of the circumstances test,” but listing and applying the nine Riley factors and concluding that “[b]ased upon the totality of the circumstances, as reflected in

11
Norris v. Stategreen
ga · 2007 · cited in 1 Georgia opinions naming this issue, 2023–2023
2 sentences

2023See, e.g., Williams v. State, 238 Ga. 298, 302-303 (232 SE2d 535) (1977) (explaining that in Riley, “[w]e found that ‘the question of a voluntary and knowing waiver depends on the totality of the circumstances” and holding that “under the totality of the 18 circumstances[,] . . . the trial court did not err in admitting [the juvenile defendant’s] confession”); Crawford v. State, 240 Ga. 321, 323-324 (240 SE2d 824) (1977) (explaining that Riley “adopted a totality of the circumstances test” and holding that “[c]onsidering all the circumstances,” the State failed to prove “from the totality of t

2023See, e.g., Williams v. State, 238 Ga. 298, 302-303 (232 SE2d 535) (1977) (explaining that in Riley, “[w]e found that ‘the question of a voluntary and knowing waiver depends on the totality of the circumstances” and holding that “under the totality of the 18 circumstances[,] . . . the trial court did not err in admitting [the juvenile defendant’s] confession”); Crawford v. State, 240 Ga. 321, 323-324 (240 SE2d 824) (1977) (explaining that Riley “adopted a totality of the circumstances test” and holding that “[c]onsidering all the circumstances,” the State failed to prove “from the totality of t

11
Gilliam v. Stategreen
ga · 1997 · cited in 1 Georgia opinions naming this issue, 2023–2023
2 sentences

2023They are . . .” and listing the Riley factors); Marshall v. State, 248 Ga. 227, 228-230 (282 SE2d 301) (1981) (noting that Riley held that “‘the question of a voluntary and knowing waiver depends on the totality of the circumstances,’ to be analyzed by a consideration of nine factors” and then listing and applying the Riley factors); Howe v. State, 250 Ga. 811, 812-813 (301 SE2d 280) (1983) (noting that “Riley . . . adopted a totality of the circumstances test,” but listing and applying the nine Riley factors and concluding that “[b]ased upon the totality of the circumstances, as reflected in

2023They are . . .” and listing the Riley factors); Marshall v. State, 248 Ga. 227, 228-230 (282 SE2d 301) (1981) (noting that Riley held that “‘the question of a voluntary and knowing waiver depends on the totality of the circumstances,’ to be analyzed by a consideration of nine factors” and then listing and applying the Riley factors); Howe v. State, 250 Ga. 811, 812-813 (301 SE2d 280) (1983) (noting that “Riley . . . adopted a totality of the circumstances test,” but listing and applying the nine Riley factors and concluding that “[b]ased upon the totality of the circumstances, as reflected in

11
James v. Stategreen
ga · 2002 · cited in 1 Georgia opinions naming this issue, 2023–2023
2 sentences

2023They are . . .” and listing the Riley factors); Marshall v. State, 248 Ga. 227, 228-230 (282 SE2d 301) (1981) (noting that Riley held that “‘the question of a voluntary and knowing waiver depends on the totality of the circumstances,’ to be analyzed by a consideration of nine factors” and then listing and applying the Riley factors); Howe v. State, 250 Ga. 811, 812-813 (301 SE2d 280) (1983) (noting that “Riley . . . adopted a totality of the circumstances test,” but listing and applying the nine Riley factors and concluding that “[b]ased upon the totality of the circumstances, as reflected in

2023They are . . .” and listing the Riley factors); Marshall v. State, 248 Ga. 227, 228-230 (282 SE2d 301) (1981) (noting that Riley held that “‘the question of a voluntary and knowing waiver depends on the totality of the circumstances,’ to be analyzed by a consideration of nine factors” and then listing and applying the Riley factors); Howe v. State, 250 Ga. 811, 812-813 (301 SE2d 280) (1983) (noting that “Riley . . . adopted a totality of the circumstances test,” but listing and applying the nine Riley factors and concluding that “[b]ased upon the totality of the circumstances, as reflected in

11
Murray v. Stategreen
ga · 2003 · cited in 1 Georgia opinions naming this issue, 2023–2023
11
Allen v. Stategreen
ga · 2008 · cited in 1 Georgia opinions naming this issue, 2023–2023
2 sentences

2023See, e.g., Williams v. State, 238 Ga. 298, 302-303 (232 SE2d 535) (1977) (explaining that in Riley, “[w]e found that ‘the question of a voluntary and knowing waiver depends on the totality of the circumstances” and holding that “under the totality of the 18 circumstances[,] . . . the trial court did not err in admitting [the juvenile defendant’s] confession”); Crawford v. State, 240 Ga. 321, 323-324 (240 SE2d 824) (1977) (explaining that Riley “adopted a totality of the circumstances test” and holding that “[c]onsidering all the circumstances,” the State failed to prove “from the totality of t

2023See, e.g., Williams v. State, 238 Ga. 298, 302-303 (232 SE2d 535) (1977) (explaining that in Riley, “[w]e found that ‘the question of a voluntary and knowing waiver depends on the totality of the circumstances” and holding that “under the totality of the 18 circumstances[,] . . . the trial court did not err in admitting [the juvenile defendant’s] confession”); Crawford v. State, 240 Ga. 321, 323-324 (240 SE2d 824) (1977) (explaining that Riley “adopted a totality of the circumstances test” and holding that “[c]onsidering all the circumstances,” the State failed to prove “from the totality of t

11
Nhek v. Stategreen
ga · 1999 · cited in 1 Georgia opinions naming this issue, 2023–2023
2 sentences

2023See, e.g., Williams v. State, 238 Ga. 298, 302-303 (232 SE2d 535) (1977) (explaining that in Riley, “[w]e found that ‘the question of a voluntary and knowing waiver depends on the totality of the circumstances” and holding that “under the totality of the 18 circumstances[,] . . . the trial court did not err in admitting [the juvenile defendant’s] confession”); Crawford v. State, 240 Ga. 321, 323-324 (240 SE2d 824) (1977) (explaining that Riley “adopted a totality of the circumstances test” and holding that “[c]onsidering all the circumstances,” the State failed to prove “from the totality of t

2023See, e.g., Williams v. State, 238 Ga. 298, 302-303 (232 SE2d 535) (1977) (explaining that in Riley, “[w]e found that ‘the question of a voluntary and knowing waiver depends on the totality of the circumstances” and holding that “under the totality of the 18 circumstances[,] . . . the trial court did not err in admitting [the juvenile defendant’s] confession”); Crawford v. State, 240 Ga. 321, 323-324 (240 SE2d 824) (1977) (explaining that Riley “adopted a totality of the circumstances test” and holding that “[c]onsidering all the circumstances,” the State failed to prove “from the totality of t

11
Berry v. Stategreen
ga · 1997 · cited in 1 Georgia opinions naming this issue, 2023–2023
2 sentences

2023See, e.g., Williams v. State, 238 Ga. 298, 302-303 (232 SE2d 535) (1977) (explaining that in Riley, “[w]e found that ‘the question of a voluntary and knowing waiver depends on the totality of the circumstances” and holding that “under the totality of the 18 circumstances[,] . . . the trial court did not err in admitting [the juvenile defendant’s] confession”); Crawford v. State, 240 Ga. 321, 323-324 (240 SE2d 824) (1977) (explaining that Riley “adopted a totality of the circumstances test” and holding that “[c]onsidering all the circumstances,” the State failed to prove “from the totality of t

2023See, e.g., Williams v. State, 238 Ga. 298, 302-303 (232 SE2d 535) (1977) (explaining that in Riley, “[w]e found that ‘the question of a voluntary and knowing waiver depends on the totality of the circumstances” and holding that “under the totality of the 18 circumstances[,] . . . the trial court did not err in admitting [the juvenile defendant’s] confession”); Crawford v. State, 240 Ga. 321, 323-324 (240 SE2d 824) (1977) (explaining that Riley “adopted a totality of the circumstances test” and holding that “[c]onsidering all the circumstances,” the State failed to prove “from the totality of t

11
Green v. Stategreen
ga · 2007 · cited in 1 Georgia opinions naming this issue, 2023–2023
2 sentences

2023See, e.g., Williams v. State, 238 Ga. 298, 302-303 (232 SE2d 535) (1977) (explaining that in Riley, “[w]e found that ‘the question of a voluntary and knowing waiver depends on the totality of the circumstances” and holding that “under the totality of the 18 circumstances[,] . . . the trial court did not err in admitting [the juvenile defendant’s] confession”); Crawford v. State, 240 Ga. 321, 323-324 (240 SE2d 824) (1977) (explaining that Riley “adopted a totality of the circumstances test” and holding that “[c]onsidering all the circumstances,” the State failed to prove “from the totality of t

2023See, e.g., Williams v. State, 238 Ga. 298, 302-303 (232 SE2d 535) (1977) (explaining that in Riley, “[w]e found that ‘the question of a voluntary and knowing waiver depends on the totality of the circumstances” and holding that “under the totality of the 18 circumstances[,] . . . the trial court did not err in admitting [the juvenile defendant’s] confession”); Crawford v. State, 240 Ga. 321, 323-324 (240 SE2d 824) (1977) (explaining that Riley “adopted a totality of the circumstances test” and holding that “[c]onsidering all the circumstances,” the State failed to prove “from the totality of t

11
State v. Leegreen
ga · 2016 · cited in 1 Georgia opinions naming this issue, 2023–2023
2 sentences

2023See, e.g., Williams v. State, 238 Ga. 298, 302-303 (232 SE2d 535) (1977) (explaining that in Riley, “[w]e found that ‘the question of a voluntary and knowing waiver depends on the totality of the circumstances” and holding that “under the totality of the 18 circumstances[,] . . . the trial court did not err in admitting [the juvenile defendant’s] confession”); Crawford v. State, 240 Ga. 321, 323-324 (240 SE2d 824) (1977) (explaining that Riley “adopted a totality of the circumstances test” and holding that “[c]onsidering all the circumstances,” the State failed to prove “from the totality of t

2023See, e.g., Williams v. State, 238 Ga. 298, 302-303 (232 SE2d 535) (1977) (explaining that in Riley, “[w]e found that ‘the question of a voluntary and knowing waiver depends on the totality of the circumstances” and holding that “under the totality of the 18 circumstances[,] . . . the trial court did not err in admitting [the juvenile defendant’s] confession”); Crawford v. State, 240 Ga. 321, 323-324 (240 SE2d 824) (1977) (explaining that Riley “adopted a totality of the circumstances test” and holding that “[c]onsidering all the circumstances,” the State failed to prove “from the totality of t

11
JEW v. Stategreen
ga · 1986 · cited in 1 Georgia opinions naming this issue, 2023–2023
2 sentences

2023They are . . .” and listing the Riley factors); Marshall v. State, 248 Ga. 227, 228-230 (282 SE2d 301) (1981) (noting that Riley held that “‘the question of a voluntary and knowing waiver depends on the totality of the circumstances,’ to be analyzed by a consideration of nine factors” and then listing and applying the Riley factors); Howe v. State, 250 Ga. 811, 812-813 (301 SE2d 280) (1983) (noting that “Riley . . . adopted a totality of the circumstances test,” but listing and applying the nine Riley factors and concluding that “[b]ased upon the totality of the circumstances, as reflected in

2023They are . . .” and listing the Riley factors); Marshall v. State, 248 Ga. 227, 228-230 (282 SE2d 301) (1981) (noting that Riley held that “‘the question of a voluntary and knowing waiver depends on the totality of the circumstances,’ to be analyzed by a consideration of nine factors” and then listing and applying the Riley factors); Howe v. State, 250 Ga. 811, 812-813 (301 SE2d 280) (1983) (noting that “Riley . . . adopted a totality of the circumstances test,” but listing and applying the nine Riley factors and concluding that “[b]ased upon the totality of the circumstances, as reflected in

11
Williams v. Stategreen
ga · 1977 · cited in 1 Georgia opinions naming this issue, 2023–2023
2 sentences

2023See, e.g., Williams v. State, 238 Ga. 298, 302-303 (232 SE2d 535) (1977) (explaining that in Riley, “[w]e found that ‘the question of a voluntary and knowing waiver depends on the totality of the circumstances” and holding that “under the totality of the 18 circumstances[,] . . . the trial court did not err in admitting [the juvenile defendant’s] confession”); Crawford v. State, 240 Ga. 321, 323-324 (240 SE2d 824) (1977) (explaining that Riley “adopted a totality of the circumstances test” and holding that “[c]onsidering all the circumstances,” the State failed to prove “from the totality of t

2023See, e.g., Williams v. State, 238 Ga. 298, 302-303 (232 SE2d 535) (1977) (explaining that in Riley, “[w]e found that ‘the question of a voluntary and knowing waiver depends on the totality of the circumstances” and holding that “under the totality of the 18 circumstances[,] . . . the trial court did not err in admitting [the juvenile defendant’s] confession”); Crawford v. State, 240 Ga. 321, 323-324 (240 SE2d 824) (1977) (explaining that Riley “adopted a totality of the circumstances test” and holding that “[c]onsidering all the circumstances,” the State failed to prove “from the totality of t

11
Smith v. Stategreen
ga · 1993 · cited in 1 Georgia opinions naming this issue, 2023–2023
2 sentences

2023See, e.g., Williams v. State, 238 Ga. 298, 302-303 (232 SE2d 535) (1977) (explaining that in Riley, “[w]e found that ‘the question of a voluntary and knowing waiver depends on the totality of the circumstances” and holding that “under the totality of the 18 circumstances[,] . . . the trial court did not err in admitting [the juvenile defendant’s] confession”); Crawford v. State, 240 Ga. 321, 323-324 (240 SE2d 824) (1977) (explaining that Riley “adopted a totality of the circumstances test” and holding that “[c]onsidering all the circumstances,” the State failed to prove “from the totality of t

2023See, e.g., Williams v. State, 238 Ga. 298, 302-303 (232 SE2d 535) (1977) (explaining that in Riley, “[w]e found that ‘the question of a voluntary and knowing waiver depends on the totality of the circumstances” and holding that “under the totality of the 18 circumstances[,] . . . the trial court did not err in admitting [the juvenile defendant’s] confession”); Crawford v. State, 240 Ga. 321, 323-324 (240 SE2d 824) (1977) (explaining that Riley “adopted a totality of the circumstances test” and holding that “[c]onsidering all the circumstances,” the State failed to prove “from the totality of t

11
Jackson v. Stategreen
ga · 2000 · cited in 1 Georgia opinions naming this issue, 2023–2023
2 sentences

2023They are . . .” and listing the Riley factors); Marshall v. State, 248 Ga. 227, 228-230 (282 SE2d 301) (1981) (noting that Riley held that “‘the question of a voluntary and knowing waiver depends on the totality of the circumstances,’ to be analyzed by a consideration of nine factors” and then listing and applying the Riley factors); Howe v. State, 250 Ga. 811, 812-813 (301 SE2d 280) (1983) (noting that “Riley . . . adopted a totality of the circumstances test,” but listing and applying the nine Riley factors and concluding that “[b]ased upon the totality of the circumstances, as reflected in

2023They are . . .” and listing the Riley factors); Marshall v. State, 248 Ga. 227, 228-230 (282 SE2d 301) (1981) (noting that Riley held that “‘the question of a voluntary and knowing waiver depends on the totality of the circumstances,’ to be analyzed by a consideration of nine factors” and then listing and applying the Riley factors); Howe v. State, 250 Ga. 811, 812-813 (301 SE2d 280) (1983) (noting that “Riley . . . adopted a totality of the circumstances test,” but listing and applying the nine Riley factors and concluding that “[b]ased upon the totality of the circumstances, as reflected in

11
McKoon v. Stategreen
ga · 1996 · cited in 1 Georgia opinions naming this issue, 2023–2023
11
State v. McBridegreen
ga · 1991 · cited in 1 Georgia opinions naming this issue, 2023–2023
2 sentences

2023They are . . .” and listing the Riley factors); Marshall v. State, 248 Ga. 227, 228-230 (282 SE2d 301) (1981) (noting that Riley held that “‘the question of a voluntary and knowing waiver depends on the totality of the circumstances,’ to be analyzed by a consideration of nine factors” and then listing and applying the Riley factors); Howe v. State, 250 Ga. 811, 812-813 (301 SE2d 280) (1983) (noting that “Riley . . . adopted a totality of the circumstances test,” but listing and applying the nine Riley factors and concluding that “[b]ased upon the totality of the circumstances, as reflected in

2023They are . . .” and listing the Riley factors); Marshall v. State, 248 Ga. 227, 228-230 (282 SE2d 301) (1981) (noting that Riley held that “‘the question of a voluntary and knowing waiver depends on the totality of the circumstances,’ to be analyzed by a consideration of nine factors” and then listing and applying the Riley factors); Howe v. State, 250 Ga. 811, 812-813 (301 SE2d 280) (1983) (noting that “Riley . . . adopted a totality of the circumstances test,” but listing and applying the nine Riley factors and concluding that “[b]ased upon the totality of the circumstances, as reflected in

11
Massey v. Stategreen
ga · 1979 · cited in 1 Georgia opinions naming this issue, 2023–2023
2 sentences

2023See, e.g., Williams v. State, 238 Ga. 298, 302-303 (232 SE2d 535) (1977) (explaining that in Riley, “[w]e found that ‘the question of a voluntary and knowing waiver depends on the totality of the circumstances” and holding that “under the totality of the 18 circumstances[,] . . . the trial court did not err in admitting [the juvenile defendant’s] confession”); Crawford v. State, 240 Ga. 321, 323-324 (240 SE2d 824) (1977) (explaining that Riley “adopted a totality of the circumstances test” and holding that “[c]onsidering all the circumstances,” the State failed to prove “from the totality of t

2023See, e.g., Williams v. State, 238 Ga. 298, 302-303 (232 SE2d 535) (1977) (explaining that in Riley, “[w]e found that ‘the question of a voluntary and knowing waiver depends on the totality of the circumstances” and holding that “under the totality of the 18 circumstances[,] . . . the trial court did not err in admitting [the juvenile defendant’s] confession”); Crawford v. State, 240 Ga. 321, 323-324 (240 SE2d 824) (1977) (explaining that Riley “adopted a totality of the circumstances test” and holding that “[c]onsidering all the circumstances,” the State failed to prove “from the totality of t

11
State v. Powellgreen
ga · 2022 · cited in 1 Georgia opinions naming this issue, 2023–2023
1 sentence

2023They are . . .” and listing the Riley factors); Marshall v. State, 248 Ga. 227, 228-230 (282 SE2d 301) (1981) (noting that Riley held that “‘the question of a voluntary and knowing waiver depends on the totality of the circumstances,’ to be analyzed by a consideration of nine factors” and then listing and applying the Riley factors); Howe v. State, 250 Ga. 811, 812-813 (301 SE2d 280) (1983) (noting that “Riley . . . adopted a totality of the circumstances test,” but listing and applying the nine Riley factors and concluding that “[b]ased upon the totality of the circumstances, as reflected in

11
Daniels v. Stategreen
ga · 2022 · cited in 1 Georgia opinions naming this issue, 2023–2023
2 sentences

2023They are . . .” and listing the Riley factors); Marshall v. State, 248 Ga. 227, 228-230 (282 SE2d 301) (1981) (noting that Riley held that “‘the question of a voluntary and knowing waiver depends on the totality of the circumstances,’ to be analyzed by a consideration of nine factors” and then listing and applying the Riley factors); Howe v. State, 250 Ga. 811, 812-813 (301 SE2d 280) (1983) (noting that “Riley . . . adopted a totality of the circumstances test,” but listing and applying the nine Riley factors and concluding that “[b]ased upon the totality of the circumstances, as reflected in

2023They are . . .” and listing the Riley factors); Marshall v. State, 248 Ga. 227, 228-230 (282 SE2d 301) (1981) (noting that Riley held that “‘the question of a voluntary and knowing waiver depends on the totality of the circumstances,’ to be analyzed by a consideration of nine factors” and then listing and applying the Riley factors); Howe v. State, 250 Ga. 811, 812-813 (301 SE2d 280) (1983) (noting that “Riley . . . adopted a totality of the circumstances test,” but listing and applying the nine Riley factors and concluding that “[b]ased upon the totality of the circumstances, as reflected in

11
State v. Burtongreen
ga · 2022 · cited in 1 Georgia opinions naming this issue, 2023–2023
2 sentences

2023They are . . .” and listing the Riley factors); Marshall v. State, 248 Ga. 227, 228-230 (282 SE2d 301) (1981) (noting that Riley held that “‘the question of a voluntary and knowing waiver depends on the totality of the circumstances,’ to be analyzed by a consideration of nine factors” and then listing and applying the Riley factors); Howe v. State, 250 Ga. 811, 812-813 (301 SE2d 280) (1983) (noting that “Riley . . . adopted a totality of the circumstances test,” but listing and applying the nine Riley factors and concluding that “[b]ased upon the totality of the circumstances, as reflected in

2023They are . . .” and listing the Riley factors); Marshall v. State, 248 Ga. 227, 228-230 (282 SE2d 301) (1981) (noting that Riley held that “‘the question of a voluntary and knowing waiver depends on the totality of the circumstances,’ to be analyzed by a consideration of nine factors” and then listing and applying the Riley factors); Howe v. State, 250 Ga. 811, 812-813 (301 SE2d 280) (1983) (noting that “Riley . . . adopted a totality of the circumstances test,” but listing and applying the nine Riley factors and concluding that “[b]ased upon the totality of the circumstances, as reflected in

11
Chapman v. Stategreen
ga · 2001 · cited in 1 Georgia opinions naming this issue, 2023–2023
2 sentences

2023They are . . .” and listing the Riley factors); Marshall v. State, 248 Ga. 227, 228-230 (282 SE2d 301) (1981) (noting that Riley held that “‘the question of a voluntary and knowing waiver depends on the totality of the circumstances,’ to be analyzed by a consideration of nine factors” and then listing and applying the Riley factors); Howe v. State, 250 Ga. 811, 812-813 (301 SE2d 280) (1983) (noting that “Riley . . . adopted a totality of the circumstances test,” but listing and applying the nine Riley factors and concluding that “[b]ased upon the totality of the circumstances, as reflected in

2023They are . . .” and listing the Riley factors); Marshall v. State, 248 Ga. 227, 228-230 (282 SE2d 301) (1981) (noting that Riley held that “‘the question of a voluntary and knowing waiver depends on the totality of the circumstances,’ to be analyzed by a consideration of nine factors” and then listing and applying the Riley factors); Howe v. State, 250 Ga. 811, 812-813 (301 SE2d 280) (1983) (noting that “Riley . . . adopted a totality of the circumstances test,” but listing and applying the nine Riley factors and concluding that “[b]ased upon the totality of the circumstances, as reflected in

11
Howe v. Stategreen
ga · 1983 · cited in 1 Georgia opinions naming this issue, 2023–2023
2 sentences

2023They are . . .” and listing the Riley factors); Marshall v. State, 248 Ga. 227, 228-230 (282 SE2d 301) (1981) (noting that Riley held that “‘the question of a voluntary and knowing waiver depends on the totality of the circumstances,’ to be analyzed by a consideration of nine factors” and then listing and applying the Riley factors); Howe v. State, 250 Ga. 811, 812-813 (301 SE2d 280) (1983) (noting that “Riley . . . adopted a totality of the circumstances test,” but listing and applying the nine Riley factors and concluding that “[b]ased upon the totality of the circumstances, as reflected in

2023They are . . .” and listing the Riley factors); Marshall v. State, 248 Ga. 227, 228-230 (282 SE2d 301) (1981) (noting that Riley held that “‘the question of a voluntary and knowing waiver depends on the totality of the circumstances,’ to be analyzed by a consideration of nine factors” and then listing and applying the Riley factors); Howe v. State, 250 Ga. 811, 812-813 (301 SE2d 280) (1983) (noting that “Riley . . . adopted a totality of the circumstances test,” but listing and applying the nine Riley factors and concluding that “[b]ased upon the totality of the circumstances, as reflected in

11
Hanifa v. Stategreen
ga · 1998 · cited in 1 Georgia opinions naming this issue, 2023–2023
2 sentences

2023They are . . .” and listing the Riley factors); Marshall v. State, 248 Ga. 227, 228-230 (282 SE2d 301) (1981) (noting that Riley held that “‘the question of a voluntary and knowing waiver depends on the totality of the circumstances,’ to be analyzed by a consideration of nine factors” and then listing and applying the Riley factors); Howe v. State, 250 Ga. 811, 812-813 (301 SE2d 280) (1983) (noting that “Riley . . . adopted a totality of the circumstances test,” but listing and applying the nine Riley factors and concluding that “[b]ased upon the totality of the circumstances, as reflected in

2023They are . . .” and listing the Riley factors); Marshall v. State, 248 Ga. 227, 228-230 (282 SE2d 301) (1981) (noting that Riley held that “‘the question of a voluntary and knowing waiver depends on the totality of the circumstances,’ to be analyzed by a consideration of nine factors” and then listing and applying the Riley factors); Howe v. State, 250 Ga. 811, 812-813 (301 SE2d 280) (1983) (noting that “Riley . . . adopted a totality of the circumstances test,” but listing and applying the nine Riley factors and concluding that “[b]ased upon the totality of the circumstances, as reflected in

11
State v. Rodriguezgreen
ga · 2002 · cited in 1 Georgia opinions naming this issue, 2023–2023
2 sentences

2023See, e.g., Williams v. State, 238 Ga. 298, 302-303 (232 SE2d 535) (1977) (explaining that in Riley, “[w]e found that ‘the question of a voluntary and knowing waiver depends on the totality of the circumstances” and holding that “under the totality of the 18 circumstances[,] . . . the trial court did not err in admitting [the juvenile defendant’s] confession”); Crawford v. State, 240 Ga. 321, 323-324 (240 SE2d 824) (1977) (explaining that Riley “adopted a totality of the circumstances test” and holding that “[c]onsidering all the circumstances,” the State failed to prove “from the totality of t

2023See, e.g., Williams v. State, 238 Ga. 298, 302-303 (232 SE2d 535) (1977) (explaining that in Riley, “[w]e found that ‘the question of a voluntary and knowing waiver depends on the totality of the circumstances” and holding that “under the totality of the 18 circumstances[,] . . . the trial court did not err in admitting [the juvenile defendant’s] confession”); Crawford v. State, 240 Ga. 321, 323-324 (240 SE2d 824) (1977) (explaining that Riley “adopted a totality of the circumstances test” and holding that “[c]onsidering all the circumstances,” the State failed to prove “from the totality of t

11
Nelson v. Stategreen
gactapp · 2008 · cited in 1 Georgia opinions naming this issue, 2021–2021
11
Johnson v. Stategreen
ga · 2017 · cited in 1 Georgia opinions naming this issue, 2020–2020
11
Coppolla v. Stategreen
gactapp · 1999 · cited in 1 Georgia opinions naming this issue, 2000–2000
11
Heard v. Stategreen
gactapp · 1999 · cited in 1 Georgia opinions naming this issue, 2000–2000
11
Wilson v. Downiegreen
ga · 1972 · cited in 1 Georgia opinions naming this issue, 1972–1972
11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (3)

CaseCitedYears
Gates v. California green
scotus · 1969
2 sentences

1986We there held that ‘the question of a voluntary and knowing waiver depends on the totality of the circumstances,’ to be analyzed by a consideration of nine factors promulgated by West v. United States, 399 F2d 467, 469 (1968), cert. den. 393 U. S. 1102 .” Marshall v. State, 248 Ga. 227, 228-229 (3) ( 282 SE2d 301 ) (1981).

1986We there held that `the question of a voluntary and knowing waiver depends on the totality of the circumstances,' to be analyzed by a consideration of nine factors promulgated by West v. United States, 399 F2d 467, 469 (1968), cert. den. 393 U. S. 1102 ." Marshall v. State, 248 Ga. 227, 228-229 (3) ( 282 SE2d 301 ) (1981).

51977–1986
Lester v. State green
ga · 2020
2 sentences

2023They are . . .” and listing the Riley factors); Marshall v. State, 248 Ga. 227, 228-230 (282 SE2d 301) (1981) (noting that Riley held that “‘the question of a voluntary and knowing waiver depends on the totality of the circumstances,’ to be analyzed by a consideration of nine factors” and then listing and applying the Riley factors); Howe v. State, 250 Ga. 811, 812-813 (301 SE2d 280) (1983) (noting that “Riley . . . adopted a totality of the circumstances test,” but listing and applying the nine Riley factors and concluding that “[b]ased upon the totality of the circumstances, as reflected in

2023They are . . .” and listing the Riley factors); Marshall v. State, 248 Ga. 227, 228-230 (282 SE2d 301) (1981) (noting that Riley held that “‘the question of a voluntary and knowing waiver depends on the totality of the circumstances,’ to be analyzed by a consideration of nine factors” and then listing and applying the Riley factors); Howe v. State, 250 Ga. 811, 812-813 (301 SE2d 280) (1983) (noting that “Riley . . . adopted a totality of the circumstances test,” but listing and applying the nine Riley factors and concluding that “[b]ased upon the totality of the circumstances, as reflected in

22022–2023
Williams v. State green
ga · 1973
2 sentences

2023Relying on a decision of the United States Court of Appeals for the Fifth Circuit that similarly declined to apply a per se rule excluding evidence of a juvenile’s incriminating statements to the police, the Riley Court went on to say that age alone is not determinative of whether a person can 11 Three years before Riley was decided, this Court summarily held in Williams v. State, 231 Ga. 508 (202 SE2d 433) (1973), that the trial court did not err by admitting into evidence a juvenile’s statement to the police, noting that the statement was made in the presence of his mother and after he was a

2023Relying on a decision of the United States Court of Appeals for the Fifth Circuit that similarly declined to apply a per se rule excluding evidence of a juvenile’s incriminating statements to the police, the Riley Court went on to say that age alone is not determinative of whether a person can 11 Three years before Riley was decided, this Court summarily held in Williams v. State, 231 Ga. 508 (202 SE2d 433) (1973), that the trial court did not err by admitting into evidence a juvenile’s statement to the police, noting that the statement was made in the presence of his mother and after he was a

12023–2023

Statutes the citing opinions construe

GA § 15-11-30 (4) GA § 15-11-39 (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

GA 18 (1972–2023) TX 12 (1983–2025) TN 11 (1992–2020) NY 10 (1978–2011) CA 9 (1973–2020) AL 9 (1986–2000) KS 8 (1975–2025) MD 7 (1973–2010) OH 6 (2001–2016) PA 6 (1978–2026) LA 6 (1981–2025) HI 5 (1972–2021) VA 5 (1990–2018) MA 5 (1975–2011) IL 5 (1971–2006) WI 4 (1994–1999) WA 4 (1982–2025) ME 4 (1977–2019) NJ 4 (1989–2007) AR 3 (2006–2018) OR 3 (2000–2013) MI 3 (1994–2016) FL 3 (1985–2013) IN 3 (1971–2017) SD 3 (1988–2010) DC 2 (2006–2015) CT 2 (2004–2017) AZ 2 (1969–1981) MO 2 (1994–1998) CO 2 (1992–2006) IA 2 (1987–1989)

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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