voluntary and intelligent waiver in Florida

16 Florida opinions name it 2 courts 1976–2013 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.

Followed or applied (13)

Case	Followed	Cited
I.M. v. Stategreen fladistctapp · 2007 · cited in 6 Florida opinions naming this issue, 2008–2013 2 sentences 2013Hence, “ ‘unless the State can show that a defendant knowingly and voluntarily waived his right to be present at his restitution hearing, it is error to proceed in his absence.’ ” Thar v. State, 8 So.3d 1204, 1205 (Fla. 2d DCA 2009) (quoting Baker, 979 So.2d at 455 ); see also J.A. v. State, 46 So.3d 1191, 1191 (Fla. 5th DCA 2010) (noting that “[a] juvenile has a constitutional right to be present at hearings to determine the imposition and amount of restitution absent a voluntary and intelligent waiver of that right” (quoting I.M. v. State, 955 So.2d 1163,1164 (Fla. 1st DCA 2007))). 2010“A juvenile has a constitutional right to be present at hearings to determine the imposition and amount of restitution absent a voluntary and intelligent waiver of that right.” I.M. v. State, 955 So.2d 1163, 1164 (Fla. 1st DCA 2007).	4	6
T.A.S. v. Stategreen fladistctapp · 2005 · cited in 4 Florida opinions naming this issue, 2007–2008 2 sentences 2008"A juvenile has a constitutional right to be present at hearings to determine the imposition and amount of restitution absent a voluntary and intelligent waiver of that right." I.M. v. State, 955 So.2d 1163, 1164 (Fla. 1st DCA 2007) (citing M.W.G. v. State, 945 So.2d 597, 600 (Fla. 2d DCA 2006)); T.A.S. v. State, 892 So.2d 1233, 1234-35 (Fla. 2d DCA 2005); J.B. v. State, 646 So.2d 808 (Fla. 1st DCA 1994). 2008“A juvenile has a constitutional right to be present at hearings to determine the imposition and amount of restitution absent a voluntary and intelligent waiver of that right.” I.M. v. State, 955 So.2d 1163, 1164 (Fla. 1st DCA 2007) (citing M.W.G. v. State, 945 So.2d 597, 600 (Fla. 2d DCA 2006)); T.A.S. v. State, 892 So.2d 1233, 1234-35 (Fla. 2d DCA 2005); J.B. v. State, 646 So.2d 808 (Fla. 1st DCA 1994).	4	4
M.W.G. v. Stategreen fladistctapp · 2006 · cited in 4 Florida opinions naming this issue, 2007–2008 2 sentences 2008"A juvenile has a constitutional right to be present at hearings to determine the imposition and amount of restitution absent a voluntary and intelligent waiver of that right." I.M. v. State, 955 So.2d 1163, 1164 (Fla. 1st DCA 2007) (citing M.W.G. v. State, 945 So.2d 597, 600 (Fla. 2d DCA 2006)); T.A.S. v. State, 892 So.2d 1233, 1234-35 (Fla. 2d DCA 2005); J.B. v. State, 646 So.2d 808 (Fla. 1st DCA 1994). 2008“A juvenile has a constitutional right to be present at hearings to determine the imposition and amount of restitution absent a voluntary and intelligent waiver of that right.” I.M. v. State, 955 So.2d 1163, 1164 (Fla. 1st DCA 2007) (citing M.W.G. v. State, 945 So.2d 597, 600 (Fla. 2d DCA 2006)); T.A.S. v. State, 892 So.2d 1233, 1234-35 (Fla. 2d DCA 2005); J.B. v. State, 646 So.2d 808 (Fla. 1st DCA 1994).	4	4
State v. Carrgreen fla · 1976 · cited in 4 Florida opinions naming this issue, 1991–2007 2 sentences 2007However, "even when a capital defendant makes a voluntary and intelligent waiver of the advisory jury's recommendation, the trial judge `may in his or her discretion either require an advisory jury recommendation, or may proceed to sentence the defendant without such an advisory jury recommendation.'" Muhammad v. State, 782 So.2d 343, 361 (Fla.2001) (quoting State v. Carr, 336 So.2d 358, 359 (Fla.1976)). 2002As we have explained, "even when a capital defendant makes a voluntary and intelligent waiver of the advisory jury's recommendation, the trial judge `may in his or her discretion either require an advisory jury recommendation, or may proceed to sentence the defendant without such advisory jury recommendation.'" Id. (quoting State v. Carr, 336 So.2d 358, 359 (Fla.1976)).	4	4
Muhammad v. Stategreen fla · 2001 · cited in 2 Florida opinions naming this issue, 2002–2007 2 sentences 2007However, "even when a capital defendant makes a voluntary and intelligent waiver of the advisory jury's recommendation, the trial judge `may in his or her discretion either require an advisory jury recommendation, or may proceed to sentence the defendant without such an advisory jury recommendation.'" Muhammad v. State, 782 So.2d 343, 361 (Fla.2001) (quoting State v. Carr, 336 So.2d 358, 359 (Fla.1976)). 2002As we have explained, "even when a capital defendant makes a voluntary and intelligent waiver of the advisory jury's recommendation, the trial judge `may in his or her discretion either require an advisory jury recommendation, or may proceed to sentence the defendant without such advisory jury recommendation.'" Id. (quoting State v. Carr, 336 So.2d 358, 359 (Fla.1976)).	1	2
Sireci v. Stategreen fla · 1991 · cited in 2 Florida opinions naming this issue, 2001–2002 2 sentences 2002This Court rejected an argument similar to Valle's in Sireci v. State, 587 So.2d 450, 452 (Fla.1991). 2001Following Carr, we have upheld the exercise of the trial court's discretion in Sireci v. State, 587 So.2d 450 (Fla. 1991), and Thompson v. State, 389 So.2d 197, 200 (Fla.1980).	1	2
J.A. v. Stategreen fladistctapp · 2010 · cited in 1 Florida opinions naming this issue, 2013–2013 1 sentence 2013Hence, “ ‘unless the State can show that a defendant knowingly and voluntarily waived his right to be present at his restitution hearing, it is error to proceed in his absence.’ ” Thar v. State, 8 So.3d 1204, 1205 (Fla. 2d DCA 2009) (quoting Baker, 979 So.2d at 455 ); see also J.A. v. State, 46 So.3d 1191, 1191 (Fla. 5th DCA 2010) (noting that “[a] juvenile has a constitutional right to be present at hearings to determine the imposition and amount of restitution absent a voluntary and intelligent waiver of that right” (quoting I.M. v. State, 955 So.2d 1163,1164 (Fla. 1st DCA 2007))).	1	1
Thar v. Stategreen fladistctapp · 2009 · cited in 1 Florida opinions naming this issue, 2013–2013 1 sentence 2013Hence, “ ‘unless the State can show that a defendant knowingly and voluntarily waived his right to be present at his restitution hearing, it is error to proceed in his absence.’ ” Thar v. State, 8 So.3d 1204, 1205 (Fla. 2d DCA 2009) (quoting Baker, 979 So.2d at 455 ); see also J.A. v. State, 46 So.3d 1191, 1191 (Fla. 5th DCA 2010) (noting that “[a] juvenile has a constitutional right to be present at hearings to determine the imposition and amount of restitution absent a voluntary and intelligent waiver of that right” (quoting I.M. v. State, 955 So.2d 1163,1164 (Fla. 1st DCA 2007))).	1	1
Faretta v. Californiagreen scotus · 1975 · cited in 1 Florida opinions naming this issue, 2012–2012 2 sentences 2012See Faretta v. California, 422 U.S. 806, 807 , 95 S.Ct. 2525 , 45 L.Ed.2d 562 (1975). 1 He argues that before he should have been allowed to make that decision to forego a motion to suppress the judge was required to question him as to whether he was making a voluntary and intelligent waiver of counsel. 2012See Faretta v. California, 422 U.S. 806, 807 , 95 S.Ct. 2525 , 45 L.Ed.2d 562 (1975). 1 He argues that before he should have been allowed to make that decision to forego a motion to suppress the judge was required to question him as to whether he was making a voluntary and intelligent waiver of counsel.	1	1
Thompson v. Stategreen fla · 1980 · cited in 1 Florida opinions naming this issue, 2001–2001 1 sentence 2001Following Carr, we have upheld the exercise of the trial court's discretion in Sireci v. State, 587 So.2d 450 (Fla. 1991), and Thompson v. State, 389 So.2d 197, 200 (Fla.1980).	1	1
Johnson v. Floridagreen scotus · 1981 · cited in 1 Florida opinions naming this issue, 1991–1991 1 sentence 1991See also Palmes v. State, 397 So.2d 648, 656 (Fla.), cert. denied, 454 U.S. 882 , 102 S.Ct. 369 , 70 L.Ed.2d 195 (1981).	1	1
Palmes v. Stategreen fla · 1981 · cited in 1 Florida opinions naming this issue, 1991–1991 1 sentence 1991See also Palmes v. State, 397 So.2d 648, 656 (Fla.), cert. denied, 454 U.S. 882 , 102 S.Ct. 369 , 70 L.Ed.2d 195 (1981).	1	1
Witt v. Stategreen fla · 1977 · cited in 1 Florida opinions naming this issue, 1983–1983 1 sentence 1983See Witt v. State, 342 So.2d 497 (Fla.1977); Battle v. State, 338 So.2d 1107 (Fla. 3d DCA 1976); Dixon v. State, 305 So.2d 250 (Fla. 2d DCA 1974).	1	1

Distinguished, questioned or overruled (0)

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

Also cited on this issue (8)

Case	Cited	Years
J.B. v. State green fladistctapp · 1994 2 sentences 2008"A juvenile has a constitutional right to be present at hearings to determine the imposition and amount of restitution absent a voluntary and intelligent waiver of that right." I.M. v. State, 955 So.2d 1163, 1164 (Fla. 1st DCA 2007) (citing M.W.G. v. State, 945 So.2d 597, 600 (Fla. 2d DCA 2006)); T.A.S. v. State, 892 So.2d 1233, 1234-35 (Fla. 2d DCA 2005); J.B. v. State, 646 So.2d 808 (Fla. 1st DCA 1994). 2008“A juvenile has a constitutional right to be present at hearings to determine the imposition and amount of restitution absent a voluntary and intelligent waiver of that right.” I.M. v. State, 955 So.2d 1163, 1164 (Fla. 1st DCA 2007) (citing M.W.G. v. State, 945 So.2d 597, 600 (Fla. 2d DCA 2006)); T.A.S. v. State, 892 So.2d 1233, 1234-35 (Fla. 2d DCA 2005); J.B. v. State, 646 So.2d 808 (Fla. 1st DCA 1994).	4	2007–2008
J.C. v. State green fladistctapp · 2009 2 sentences 2009J.C. v. State, 1 So.3d 1196 (Fla. 5th DCA 2009); I.M. v. State, 955 So.2d 1163 (Fla. 1st DCA 2007). 2009J.C. v. State, 1 So.3d 1196 (Fla. 5th DCA 2009); I.M. v. State, 955 So.2d 1163 (Fla. 1st DCA 2007).	2	2009–2009
Baker v. State green fladistctapp · 2008 1 sentence 2013Hence, “ ‘unless the State can show that a defendant knowingly and voluntarily waived his right to be present at his restitution hearing, it is error to proceed in his absence.’ ” Thar v. State, 8 So.3d 1204, 1205 (Fla. 2d DCA 2009) (quoting Baker, 979 So.2d at 455 ); see also J.A. v. State, 46 So.3d 1191, 1191 (Fla. 5th DCA 2010) (noting that “[a] juvenile has a constitutional right to be present at hearings to determine the imposition and amount of restitution absent a voluntary and intelligent waiver of that right” (quoting I.M. v. State, 955 So.2d 1163,1164 (Fla. 1st DCA 2007))).	1	2013–2013
Battle v. State neutral fladistctapp · 1976 1 sentence 1983See Witt v. State, 342 So.2d 497 (Fla.1977); Battle v. State, 338 So.2d 1107 (Fla. 3d DCA 1976); Dixon v. State, 305 So.2d 250 (Fla. 2d DCA 1974).	1	1983–1983
Dixon v. State neutral fladistctapp · 1974 1 sentence 1983See Witt v. State, 342 So.2d 497 (Fla.1977); Battle v. State, 338 So.2d 1107 (Fla. 3d DCA 1976); Dixon v. State, 305 So.2d 250 (Fla. 2d DCA 1974).	1	1983–1983
Lamadline v. State green fla · 1974 1 sentence 1983Lamadline v. State, 303 So.2d 17 (Fla. 1974).	1	1983–1983
Furman v. Georgia green scotus · 1972 2 sentences 1976The trial judge, pursuant "Whether a trial court in a capital case is required to accept a defendant's valid waiver of an advisory jury pursuant to Florida Statute 921.141(2) resulting in a judicial determination of sentence without benefit of a jury's recommendation in light of the guidelines toward uniformity in sentencing enunciated in Proffitt v. State of Florida, U.S.S.Ct. 1976 [___ U.S. ___, 96 S.Ct. 2960 , 48 L.Ed.2d ___ ], and Furman v. Georgia, 408 U.S. 238 [ 92 S.Ct. 2726 , 33 L.Ed.2d 346 ] (1972)?" In response to the question, we find that the trial judge, upon a finding of a volunt 1976The trial judge, pursuant "Whether a trial court in a capital case is required to accept a defendant's valid waiver of an advisory jury pursuant to Florida Statute 921.141(2) resulting in a judicial determination of sentence without benefit of a jury's recommendation in light of the guidelines toward uniformity in sentencing enunciated in Proffitt v. State of Florida, U.S.S.Ct. 1976 [___ U.S. ___, 96 S.Ct. 2960 , 48 L.Ed.2d ___ ], and Furman v. Georgia, 408 U.S. 238 [ 92 S.Ct. 2726 , 33 L.Ed.2d 346 ] (1972)?" In response to the question, we find that the trial judge, upon a finding of a volunt	1	1976–1976
Proffitt v. Florida green scotus · 1976 1 sentence 1976The trial judge, pursuant "Whether a trial court in a capital case is required to accept a defendant's valid waiver of an advisory jury pursuant to Florida Statute 921.141(2) resulting in a judicial determination of sentence without benefit of a jury's recommendation in light of the guidelines toward uniformity in sentencing enunciated in Proffitt v. State of Florida, U.S.S.Ct. 1976 [___ U.S. ___, 96 S.Ct. 2960 , 48 L.Ed.2d ___ ], and Furman v. Georgia, 408 U.S. 238 [ 92 S.Ct. 2726 , 33 L.Ed.2d 346 ] (1972)?" In response to the question, we find that the trial judge, upon a finding of a volunt	1	1976–1976

Statutes the citing opinions construe

FL § 985.437 (5) FL § 921.141 (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 37 (1962–2026) NY 31 (1973–2024) FL 16 (1976–2013) NE 16 (1976–2026) AR 16 (1982–2025) TX 12 (1976–2005) IN 9 (1970–2015) MN 8 (1980–2026) DC 7 (1978–1992) MA 6 (1977–2018) IA 6 (1977–2023) VA 6 (1991–2010) IL 6 (1970–2017) OH 6 (1981–2025) LA 5 (2000–2015) CT 5 (1984–2021) GA 5 (1986–2025) MS 4 (1969–2003) NC 4 (1988–2004) MO 3 (1979–1980) NJ 3 (1980–2007) WA 3 (1994–2006) NV 3 (1975–1998) SD 3 (1958–2019) AZ 2 (2007–2017) TN 2 (1983–2017) KY 2 (2001–2004) PA 2 (1979–1989) OR 2 (1985–1996) MD 2 (1976–2008) CO 2 (2000–2006)

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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