defendant executes a written waiver (North Carolina) · Go Syfert
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defendant executes a written waiver in North Carolina

16 North Carolina opinions name it 2 courts 1991–2026 4 in the last five years

The cases below were cited by North Carolina 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 (9)

CaseFollowedCited
State v. Warrengreen
ncctapp · 1986 · cited in 10 North Carolina opinions naming this issue, 1991–2020
2 sentences

2020“When a defendant executes a written waiver which is in turn certified by the trial court, the waiver of counsel will be presumed to have been knowing, intelligent, and voluntary, unless the rest of the record indicates otherwise.” State v. Warren, 82 N.C. App. 84, 89 , 345 S.E.2d 437, 441 (1986).

2020“When a defendant executes a written waiver which is in turn certified by the trial court, the waiver of counsel will be presumed to have been knowing, intelligent, and voluntary, unless the rest of the record indicates otherwise.” State v. Warren, 82 N.C. App. 84, 89 , 345 S.E.2d 437, 441 (1986).

810
State v. Kinlockgreen
ncctapp · 2002 · cited in 4 North Carolina opinions naming this issue, 2007–2026
2 sentences

2026Id.; see also State v. Kinlock, 152 N.C. App. 84 , 89-90 (2002), aff’d per curiam, 357 N.C. 48 (2003) (noting that when a defendant executes a written waiver, it is presumed that the waiver of counsel was knowing, intelligent and voluntary “unless the rest of the record indicates otherwise” (cleaned up)).

2011In the case sub judice, the trial court failed to determine whether Defendant “knowingly, intelligently and voluntarily” waived his right to counsel. “ ‘When a defendant executes a written waiver which is in turn certified by the trial court, the waiver of counsel will be presumed to have been knowing, intelligent, and voluntary, unless the rest of the record indicates otherwise.’ ” State v. Kinlock, 152 N.C.

34
State v. Sorrowgreen
ncctapp · 2011 · cited in 2 North Carolina opinions naming this issue, 2022–2022
2 sentences

2022“When a defendant executes a written waiver which is in turn certified by the trial court, the waiver of counsel will be presumed to have been knowing, intelligent, and voluntary, unless the rest of the record indicates otherwise.” State v. Sorrow, 213 N.C. App. 571, 574 , 713 S.E.2d 180, 182 (2011) (citation omitted).

2022“When a defendant executes a written waiver which is in turn certified by the trial court, the waiver of counsel will be presumed to have been knowing, intelligent, and voluntary, unless the rest of the record indicates otherwise.” State v. Sorrow, 213 N.C. App. 571, 574 , 713 S.E.2d 180, 182 (2011) (citation omitted).

22
State v. Evansgreen
ncctapp · 2002 · cited in 2 North Carolina opinions naming this issue, 2020–2020
2 sentences

2020However, “[a] written waiver is something in addition to the requirements of N.C.[G.S.] § 15A-1242, not an alternative to it.” Evans, 153 N.C. App. at 315 , 569 S.E.2d at 675 (internal marks omitted).

2020However, “[a] written waiver is something in addition to the requirements of N.C.[G.S.] § 15A-1242, not an alternative to it.” Evans, 153 N.C. App. at 315 , 569 S.E.2d at 675 (internal marks omitted).

22
State v. Kinlockgreen
nc · 2003 · cited in 1 North Carolina opinions naming this issue, 2026–2026
1 sentence

2026Id.; see also State v. Kinlock, 152 N.C. App. 84 , 89-90 (2002), aff’d per curiam, 357 N.C. 48 (2003) (noting that when a defendant executes a written waiver, it is presumed that the waiver of counsel was knowing, intelligent and voluntary “unless the rest of the record indicates otherwise” (cleaned up)).

11
State v. Jenkinsgreen
ncctapp · 2020 · cited in 1 North Carolina opinions naming this issue, 2025–2025
1 sentence

2025“When a defendant executes a written waiver which is in turn certified by the trial court, the waiver of counsel will be presumed to have been knowing, intelligent, and voluntary, unless the rest of the record indicates otherwise.” Id. at 151 (citation omitted).

11
State v. Wallgreen
ncctapp · 2007 · cited in 1 North Carolina opinions naming this issue, 2015–2015
2 sentences

2015App. 280, 283 , 645 S.E.2d 829, 831-32 (2007) (quoting State v. Kinlock, 152 N.C.

2015However, defendant does not suggest any inadequacies in his original waiver in district court of “all assistance of counsel.” “[T]here is a presumption of regularity accorded the official acts of public officers, such that ‘[w]hen a defendant executes a written waiver which is in turn certified by the trial court, the waiver of counsel will be presumed to have been knowing, intelligent, and voluntary, unless the rest of the record indicates otherwise.’ ” State v. Wall, 184 N.C.

11
State v. Wellsgreen
ncctapp · 1986 · cited in 1 North Carolina opinions naming this issue, 2011–2011
2 sentences

2011In the case sub judice, the trial court failed to determine whether Defendant "knowingly, intelligently and voluntarily" waived his right to counsel. "`When a defendant executes a written waiver which is in turn certified by the trial court, the waiver of counsel will be presumed to have been knowing, intelligent, and voluntary, unless the rest of the record indicates otherwise.'" State v. Kinlock, 152 N.C.App. 84, 89-90 , 566 S.E.2d 738, 741 (2002) (quoting State v. Warren, 82 N.C.App. 84, 89 , 345 S.E.2d 437, 441 (1986)). "`A written waiver of counsel is no substitute for actual compliance b

2011In the case sub judice, the trial court failed to determine whether Defendant "knowingly, intelligently and voluntarily" waived his right to counsel. "`When a defendant executes a written waiver which is in turn certified by the trial court, the waiver of counsel will be presumed to have been knowing, intelligent, and voluntary, unless the rest of the record indicates otherwise.'" State v. Kinlock, 152 N.C.App. 84, 89-90 , 566 S.E.2d 738, 741 (2002) (quoting State v. Warren, 82 N.C.App. 84, 89 , 345 S.E.2d 437, 441 (1986)). "`A written waiver of counsel is no substitute for actual compliance b

11
State v. Coxgreen
ncctapp · 2004 · cited in 1 North Carolina opinions naming this issue, 2011–2011
2 sentences

2011In the case sub judice, the trial court failed to determine whether Defendant "knowingly, intelligently and voluntarily" waived his right to counsel. "`When a defendant executes a written waiver which is in turn certified by the trial court, the waiver of counsel will be presumed to have been knowing, intelligent, and voluntary, unless the rest of the record indicates otherwise.'" State v. Kinlock, 152 N.C.App. 84, 89-90 , 566 S.E.2d 738, 741 (2002) (quoting State v. Warren, 82 N.C.App. 84, 89 , 345 S.E.2d 437, 441 (1986)). "`A written waiver of counsel is no substitute for actual compliance b

2011In the case sub judice, the trial court failed to determine whether Defendant "knowingly, intelligently and voluntarily" waived his right to counsel. "`When a defendant executes a written waiver which is in turn certified by the trial court, the waiver of counsel will be presumed to have been knowing, intelligent, and voluntary, unless the rest of the record indicates otherwise.'" State v. Kinlock, 152 N.C.App. 84, 89-90 , 566 S.E.2d 738, 741 (2002) (quoting State v. Warren, 82 N.C.App. 84, 89 , 345 S.E.2d 437, 441 (1986)). "`A written waiver of counsel is no substitute for actual compliance b

11

Distinguished, questioned or overruled (0)

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

Statutes the citing opinions construe

NC § N.C. Gen. Stat. § 15A-1242 (15) NC § N.C. Gen. Stat. § 15A-1345 (6)

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

NC 16 (1991–2026) HI 3 (2020–2024)

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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