intelligent waiver (West Virginia) · Go Syfert
← West Virginia issues

intelligent waiver in West Virginia

18 West Virginia opinions name it 1 courts 1965–2021 1 in the last five years

The cases below were cited by West Virginia 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
United States v. Eric Charles Martin, A/K/A Mickey Milton Arringtongreen
ca6 · 1983 · cited in 2 West Virginia opinions naming this issue, 1997–1997
2 sentences

1997According to the appellant, a proper guide to what information a defendant should have regarding a jury trial is found in U.S. v. Martin, 704 F.2d 267, 273 (6th Cir.1983) which states: A defendant is sufficiently informed to make an intelligent waiver if he was aware that a jury is composed of 12 members of the community, he may participate in the selection of the jurors, the verdict of the jury must be unanimous, and that a judge alone will decide guilt or innocence should he waive his jury trial right.

1997In United States v. Martin, 704 F.2d 267, 273 (6th Cir.1983), the court stated: A defendant is sufficiently informed to make an intelligent waiver [of jury trial rights] if he was aware that a jury is composed of 12 members of the community, he may participate in the selection of the jurors, the verdict of the jury is unanimous, and that a judge alone will decide guilt or innocence should he waive his jury trial right.

22
Call v. McKenziegreen
wva · 1975 · cited in 9 West Virginia opinions naming this issue, 2013–2021
2 sentences

2018Additionally, [a] trial court should spread upon the record the defendant’s education, whether he consulted with friends or relatives about his plea, any history of mental illness or drug use, the extent he consulted with counsel, and all other relevant matters which will demonstrate to an appellate court or a trial court proceeding in [h]abeas corpus that the defendant’s plea was knowingly and intelligently made with due regard to the intelligent waiver of known rights. 8 Id. at 192 , 220 S.E.2d at 668 , Syl.

2018Additionally, [a] trial court should spread upon the record the defendant’s education, whether he consulted with friends or relatives about his plea, any history of mental illness or drug use, the extent he consulted with counsel, and all other relevant matters which will demonstrate to an appellate court or a trial court proceeding in [h]abeas corpus that the defendant’s plea was knowingly and intelligently made with due regard to the intelligent waiver of known rights. 8 Id. at 192 , 220 S.E.2d at 668 , Syl.

19
Kennedy v. Fraziergreen
wva · 1987 · cited in 1 West Virginia opinions naming this issue, 2017–2017
1 sentence

2017Id. at 191-92, 220 S.E.2 at 667-68.

11
State v. Sandlergreen
wva · 1985 · cited in 1 West Virginia opinions naming this issue, 1997–1997
2 sentences

1997In State v. Sandler, 175 W.Va. 572, 574 , 336 S.E.2d 535, 537 (1985), this Court discussed the guidelines which have been established for a circuit court’s colloquy with a criminal defendant, when the defendant wishes to waive the right to counsel.

1997In State v. Sandler, 175 W.Va. 572, 574 , 336 S.E.2d 535, 537 (1985), this Court discussed the guidelines which have been established for a circuit court’s colloquy with a criminal defendant, when the defendant wishes to waive the right to counsel.

11
Ash v. Twymangreen
wva · 1984 · cited in 1 West Virginia opinions naming this issue, 1985–1985
2 sentences

1985See also Ash v. Tyman, 174 W.Va. at 180 , 324 S.E.2d at 141 (citing additional authority).

1985See also Ash v. Tyman, 174 W.Va. at 180 , 324 S.E.2d at 141 (citing additional authority).

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (5)

CaseCitedYears
State v. Boles neutral
wva · 1965
2 sentences

2003Widmyer v. Boles, 150 W.Va. 109 , 144 S.E.2d 322 (1965), which states: The right of the defendant in a criminal proceeding to the assistance of counsel is a fundamental right, the waiver of which will not be presumed by the failure of the accused to request counsel, by the entry of a guilty plea or by reason of a record silent concerning the matter of counsel and the conviction of a defendant in the absence of counsel or of an affirmative showing of an intelligent waiver of such right is void.

2003Widmyer v. Boles, 150 W.Va. 109 , 144 S.E.2d 322 (1965), which states: The right of the defendant in a criminal proceeding to the assistance of counsel is a fundamental right, the waiver of which will not be presumed by the failure of the accused to request counsel, by the entry of a guilty plea or by reason of a record silent concerning the matter of counsel and the conviction of a defendant in the absence of counsel or of an affirmative showing of an intelligent waiver of such right is void.

21985–2003
State ex rel. Widmyer v. Boles neutral
wva · 1965
2 sentences

2003Widmyer v. Boles, 150 W.Va. 109 , 144 S.E.2d 322 (1965), which states: The right of the defendant in a criminal proceeding to the assistance of counsel is a fundamental right, the waiver of which will not be presumed by the failure of the accused to request counsel, by the entry of a guilty plea or by reason of a record silent concerning the matter of counsel and the conviction of a defendant in the absence of counsel or of an affirmative showing of an intelligent waiver of such right is void.

2003Widmyer v. Boles, 150 W.Va. 109 , 144 S.E.2d 322 (1965), which states: The right of the defendant in a criminal proceeding to the assistance of counsel is a fundamental right, the waiver of which will not be presumed by the failure of the accused to request counsel, by the entry of a guilty plea or by reason of a record silent concerning the matter of counsel and the conviction of a defendant in the absence of counsel or of an affirmative showing of an intelligent waiver of such right is void.

21985–2003
State Ex Rel. Bryan v. Boles neutral
wva · 1965
2 sentences

1965Va. 379 , 141 S. E. 2d 80 , is *607 as follows: “The right of the defendant in a criminal proceeding to the assistance of counsel is a fundamental right, the waiver of which will not be presumed by the failure of the accused to request counsel, by the entry of a guilty plea or by reason of a record silent on the matter of counsel, and the conviction of the defendant in the absence of counsel, or of an affirmative showing of an intelligent waiver thereof, is void.” The convictions of which petitioner complains are therefore void and he is entitled to his release from confinement thereunder.

1965Va. 379 , 141 S. E. 2d 80 , “. . . the right to the assistance of counsel is a fundamental right, the waiver of which will not be presumed by the failure of an accused to request counsel, by the entry of a guilty plea or by reason of a record silent on the matter of counsel, and that a conviction thus obtained in the absence of counsel, or of an affirmative showing of an intelligent waiver thereof, is void.” The trial court’s order being silent upon the question and the affidavit of petitioner, that he neither had counsel nor knowingly waived his right to counsel, being uncontra-dicted, the co

21965–1965
State Ex Rel. May v. Boles green
wva · 1964
1 sentence

1965Va. 155 , 139 S. E. 2d 177 , wherein it was held that the right to the assistance of counsel is a fundamental right, the waiver of which will not be presumed by the failure of an accused to request counsel, by the entry of a guilty plea or by reason of a record silent on the matter of counsel, and that a conviction thus obtained in the absence of counsel, or of an affirmative showing of an intelligent waiver thereof, is void.

11965–1965
State Ex Rel. Curtis v. Boles neutral
wva · 1965
1 sentence

1965Va. 79 , 143 S. E. 2d 824 , decided this day, that the conviction of a defendant in the absence of counsel, or of an affirmative showing of an intelligent waiver thereof, is void and cannot be used to support the imposition of additional punishment under a recidivist statute.

11965–1965

Statutes the citing opinions construe

WV § W. Va. Code § 61-8D-5 (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 183 (1947–2026) LA 87 (1942–2019) IL 83 (1948–2026) GA 49 (1903–2026) OH 43 (1944–2026) AR 37 (1956–2021) TX 33 (1968–2025) CT 32 (1968–2016) IN 30 (1969–2020) MD 28 (1964–2008) NY 28 (1955–2018) AL 22 (1965–2018) WA 21 (1963–2025) PA 20 (1941–2021) FL 19 (1964–2014) WV 18 (1965–2021) SC 18 (1974–2024) AZ 18 (1965–2021) MO 14 (1896–2023) CO 13 (1967–2021) MN 13 (1959–2024) RI 12 (1964–2011) MA 11 (1971–2010) MI 11 (1967–2023) NH 11 (1965–2019) NJ 10 (1945–2026) AK 10 (1980–2023) OR 9 (1966–1983) NC 9 (1964–2022) OK 9 (1909–1979) NM 8 (1971–2020) DC 8 (1959–2010) ND 7 (1965–2025) WI 7 (1968–2003) VA 6 (1979–2023) IA 6 (1966–2022) TN 6 (1951–2024) KS 6 (1949–1982) KY 6 (1981–2022) SD 5 (1943–2006) NV 5 (1970–1984) MS 5 (1988–2019) VT 5 (1960–2016) ID 4 (1967–1986) WY 4 (1984–1992) NE 4 (1976–2019) ME 4 (1980–2014) DE 3 (1985–2024) UT 2 (1990–2001) MT 2 (1963–2013)

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.

← Caselaw search · G Cite Topics · Brief Check