per se rule (Idaho) · Go Syfert
← Idaho issues

per se rule in Idaho

87 Idaho opinions name it 2 courts 1977–2026 7 in the last five years

The cases below were cited by Idaho 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 (37)

CaseFollowedCited
Stockwell v. Stategreen
idaho · 1977 · cited in 6 Idaho opinions naming this issue, 1986–2016
2 sentences

1986The filing of a second criminal action after dismissing the first is not a per se violation of the federal due process clause, United States v. Davis, 487 F.2d 112 (5th Cir.1973), cert. denied 415 U.S. 981 , 94 S.Ct. 1573 , 39 L.Ed.2d 878 (1974) (cited in Stockwell v. State, 98 Idaho 797 , 573 P.2d 116 (1977), or of the due process clause of the Idaho Constitution.

1986The filing of a second criminal action after dismissing the first is not a per se violation of the federal due process clause, United States v. Davis, 487 F.2d 112 (5th Cir.1973), cert. denied 415 U.S. 981 , 94 S.Ct. 1573 , 39 L.Ed.2d 878 (1974) (cited in Stockwell v. State, 98 Idaho 797 , 573 P.2d 116 (1977), or of the due process clause of the Idaho Constitution.

56
State v. Micah Abraham Wulffgreen
idaho · 2014 · cited in 13 Idaho opinions naming this issue, 2015–2025
2 sentences

2020In addition, we noted that, although McNeely could be construed narrowly as applying only to exigency, “the better reading is ‘that implied consent is no longer acceptable when it operates as a per se exception to the warrant requirement because the Court repeatedly expressed disapproval for categorical rules.’ ” Id. at 614, 377 P.3d at 1077 (quoting Wulff, 157 Idaho at 421 , 337 P.3d at 580 ).

2020In addition, we noted that, although McNeely could be construed narrowly as applying only to exigency, “the better reading is ‘that implied consent is no longer acceptable when it operates as a per se exception to the warrant requirement because the Court repeatedly expressed disapproval for categorical rules.’ ” Id. at 614, 377 P.3d at 1077 (quoting Wulff, 157 Idaho at 421 , 337 P.3d at 580 ).

413
Missouri v. McNeelygreen
scotus · 2013 · cited in 4 Idaho opinions naming this issue, 2014–2026
2 sentences

2014The Court held that instead, “exigency in this context must be determined case by ease based on the totality of the circumstances.” Id. 2 In other words, the body’s ability to metabolize alcohol is just one factor that a court can consider as part of the totality of circumstances test. 3 The Court in McNeely cited State v. Woolery as a jurisdiction that has held the body’s natural dissipation of alcohol alone provides a per se exception to the warrant requirement in DUI eases.

2014The Court noted that some circumstances would make obtaining a warrant so impractical that the body’s natural dissipation of alcohol could support exigency, but that was “a reason to decide each case on its facts, as we did in Schmerber , not to accept the ‘considerable overgeneralization’ that a per se rule would reflect.” Id. at -, 133 S.Ct. at 1561 , 185 L.Ed.2d at 707 .

24
Garcia v. STATE TAX COM'N OF STATE OF IDgreen
idaho · 2002 · cited in 2 Idaho opinions naming this issue, 2007–2008
2 sentences

2008Garcia v. State Tax Comm’n of the State of Idaho, 136 Idaho 610, 615 , 38 P.3d 1266, 1271 (2002).

2008Garcia v. State Tax Comm’n of the State of Idaho, 136 Idaho 610, 615 , 38 P.3d 1266, 1271 (2002).

22
Elias-Cruz v. Idaho Department of Transportationgreen
idaho · 2012 · cited in 4 Idaho opinions naming this issue, 2013–2017
2 sentences

2016Id. 1 In Tomlinson, this Court, applying Elias-Cruz v. Idaho Dep’t of Transp., 153 Idaho 200 , 280 P.3d 703 (2012), held that a per se violation of I.C. § 18-8004 may be shown by test results from an approved and properly administered test of blood, breath, or urine.

2016Id. 1 In Tomlinson, this Court, applying Elias-Cruz v. Idaho Dep’t of Transp., 153 Idaho 200 , 280 P.3d 703 (2012), held that a per se violation of I.C. § 18-8004 may be shown by test results from an approved and properly administered test of blood, breath, or urine.

14
State v. Robinettgreen
idaho · 2005 · cited in 4 Idaho opinions naming this issue, 2012–2016
2 sentences

2016In Robinett , this Court held that "a numerical BAC test result is relevant to a prosecution for driving under the influence (as opposed to a per se violation) only if a proper foundation is laid to assure the validity of the test result, including evidence extrapolating the result back to the time of the alleged offense.” Id.

2016In Robinett, this Court held that “a numerical BAC test result is relevant to a prosecution for driving under the influence (as opposed to a per se violation) only if a proper foundation is laid to assure the validity of the test result, including evidence extrapolating the result back to the time of the alleged offense.” Id. 6 that are generally inadmissible at trial as long as it is the type of fact that is generally relied upon by experts in that field.

14
State v. Sutliffgreen
idaho · 1976 · cited in 3 Idaho opinions naming this issue, 1993–2012
2 sentences

2012We stated: *204 Id. (quoting State v. Sutliff, 97 Idaho at 523, 524 , 547 P.2d 1128, 1129 (1976)). *203 Where the prosecution elects to use the per se method, the question is what the alcohol level was at the time the sample was taken.

2012We stated: *204 Id. (quoting State v. Sutliff, 97 Idaho at 523, 524 , 547 P.2d 1128, 1129 (1976)). *203 Where the prosecution elects to use the per se method, the question is what the alcohol level was at the time the sample was taken.

13
State v. Greensweiggreen
idahoctapp · 1982 · cited in 2 Idaho opinions naming this issue, 2025–2026
2 sentences

2025In State v. Greensweig, 102 Idaho 794 , 641 P.2d 340 (Ct. App. 1982), this Court rejected a per se rule prohibiting evidence of subsequent acts when relevant to prove motive, intent, absence of mistake or accident, a common scheme or plan embracing the commission of two or more crimes so related to each other 5 that proof of one tends to establish the other, and other similar issues.

2025In State v. Greensweig, 102 Idaho 794 , 641 P.2d 340 (Ct. App. 1982), this Court rejected a per se rule prohibiting evidence of subsequent acts when relevant to prove motive, intent, absence of mistake or accident, a common scheme or plan embracing the commission of two or more crimes so related to each other 5 that proof of one tends to establish the other, and other similar issues.

12
State v. Wrenngreen
idaho · 1978 · cited in 2 Idaho opinions naming this issue, 1986–2025
2 sentences

2025Id. at 798 , 641 P.2d at 344 ; see also State v. Wrenn, 99 Idaho 506, 510 , 584 P.2d 1231, 1235 (1978).2 We observed that there was no logical distinction between prior and subsequent crimes to justify a per se rule and that a person may claim he was honestly mistaken or lacked the requisite intent if the act stands alone; however, the probabilities of an honest mistake diminish as the number of similar transactions indicating a scheme or system increase.

2025Id. at 798 , 641 P.2d at 344 ; see also State v. Wrenn, 99 Idaho 506, 510 , 584 P.2d 1231, 1235 (1978).2 We observed that there was no logical distinction between prior and subsequent crimes to justify a per se rule and that a person may claim he was honestly mistaken or lacked the requisite intent if the act stands alone; however, the probabilities of an honest mistake diminish as the number of similar transactions indicating a scheme or system increase.

12
State v. Guzmangreen
idahoctapp · 1994 · cited in 2 Idaho opinions naming this issue, 2011–2019
2 sentences

2019State v. Guzman, 126 Idaho 368, 371 , 883 P.3d 726 , 729 (Ct. App. 1994). “[J]oint representation of defendants does not constitute ineffective assistance of counsel unless [an] actual conflict is demonstrated.” Giles, 125 Idaho at 923 , 877 P.2d at 367 .

2011State v. Guzman, 126 Idaho 368, 371 , 883 P.2d 726, 729 (Ct. App. 1994).

12
Giles v. Stategreen
idaho · 1994 · cited in 2 Idaho opinions naming this issue, 1994–2019
2 sentences

2019State v. Guzman, 126 Idaho 368, 371 , 883 P.3d 726 , 729 (Ct. App. 1994). “[J]oint representation of defendants does not constitute ineffective assistance of counsel unless [an] actual conflict is demonstrated.” Giles, 125 Idaho at 923 , 877 P.2d at 367 .

2019State v. Guzman, 126 Idaho 368, 371 , 883 P.3d 726 , 729 (Ct. App. 1994). “[J]oint representation of defendants does not constitute ineffective assistance of counsel unless [an] actual conflict is demonstrated.” Giles, 125 Idaho at 923 , 877 P.2d at 367 .

12
State v. Dennis John Halsethgreen
idaho · 2014 · cited in 2 Idaho opinions naming this issue, 2015–2017
2 sentences

2015In State v. Wulff, 157 Idaho 416, 423 , 337 P.3d 575, 582 (2014), the Court concluded that “the district court properly concluded that Idaho’s implied consent statute was not a valid exception to the warrant requirement,” recognizing that "Idaho's implied consent statute operated as a per se exception,” and thus it "does not fall under the consent exception to the Fourth Amendment of the United States Constitution.” However, approximately a month after Wulff , the Court decided State v. Halseth, 157 Idaho 643 , 339 P.3d 368 (2014), another case involving Idaho’s implied consent statute.

2015In State v. Wulff, 157 Idaho 416, 423 , 337 P.3d 575, 582 (2014), the Court concluded that “the district court properly concluded that Idaho’s implied consent statute was not a valid exception to the warrant requirement,” recognizing that "Idaho's implied consent statute operated as a per se exception,” and thus it "does not fall under the consent exception to the Fourth Amendment of the United States Constitution.” However, approximately a month after Wulff , the Court decided State v. Halseth, 157 Idaho 643 , 339 P.3d 368 (2014), another case involving Idaho’s implied consent statute.

12
People v. Shirleygreen
cal · 1982 · cited in 2 Idaho opinions naming this issue, 1984–1995
2 sentences

1995The Frye rule derives from Frye v. United States, 293 F. 1013 (D.C.Cir.1923), and has been interpreted to establish a per se rule, conditioning “the admissibility of evidence based on a new scientific method of proof on a showing that the technique has been generally accepted as reliable in the scientific community in which it developed.” People v. Shirley, 31 Cal.3d 18 , 181 Cal.Rptr. 243, 251 , 723 P.2d 1354, 1362 (1982), cert. denied, 459 U.S. 860 , 103 S.Ct. 133 , 74 L.Ed.2d 114 (1982).

1995The Frye rule derives from Frye v. United States, 293 F. 1013 (D.C.Cir.1923), and has been interpreted to establish a per se rule, conditioning “the admissibility of evidence based on a new scientific method of proof on a showing that the technique has been generally accepted as reliable in the scientific community in which it developed.” People v. Shirley, 31 Cal.3d 18 , 181 Cal.Rptr. 243, 251 , 723 P.2d 1354, 1362 (1982), cert. denied, 459 U.S. 860 , 103 S.Ct. 133 , 74 L.Ed.2d 114 (1982).

12
State v. Calegargreen
idaho · 1983 · cited in 2 Idaho opinions naming this issue, 1983–1983
2 sentences

1983In State v. Calegar, 104 Idaho 526 , 531 n. 5, 661 P.2d 311 , 316 n. 5 (1983), the Idaho Supreme Court said: [In Wyrick ] the Eighth Circuit had interpreted Edwards to be a “per se” rule.

1983In State v. Calegar, 104 Idaho 526 , 531 n. 5, 661 P.2d 311 , 316 n. 5 (1983), the Idaho Supreme Court said: [In Wyrick ] the Eighth Circuit had interpreted Edwards to be a “per se” rule.

12
Carroll v. United Statesgreen
scotus · 1925 · cited in 1 Idaho opinions naming this issue, 2026–2026
11
United States v. Manuel Casas Jimenezgreen
ca5 · 1980 · cited in 1 Idaho opinions naming this issue, 2026–2026
11
United States v. Louis Moschiano and Robert Fred Bishop, in Re Stephen M. Komiegreen
ca7 · 1982 · cited in 1 Idaho opinions naming this issue, 2026–2026
11
State v. Elendtgreen
tenncrimapp · 1983 · cited in 1 Idaho opinions naming this issue, 2026–2026
11
State v. Schoenhalsgreen
moctapp · 1986 · cited in 1 Idaho opinions naming this issue, 2026–2026
11
United States v. Rickie Lee Boatwrightgreen
ca9 · 1987 · cited in 1 Idaho opinions naming this issue, 2026–2026
11
United States v. Leslie Mayfieldgreen
ca7 · 2014 · cited in 1 Idaho opinions naming this issue, 2026–2026
11
State v. Stratfordgreen
· 1934 · cited in 1 Idaho opinions naming this issue, 2025–2025
11
Arizona v. Johnsongreen
scotus · 2009 · cited in 1 Idaho opinions naming this issue, 2022–2022
11
Florida v. Bostickgreen
scotus · 1991 · cited in 1 Idaho opinions naming this issue, 2022–2022
11
Ohio v. Robinettegreen
scotus · 1996 · cited in 1 Idaho opinions naming this issue, 2022–2022
11
Adams v. Williamsgreen
scotus · 1972 · cited in 1 Idaho opinions naming this issue, 2022–2022
11
Pennsylvania v. Mimmsgreen
scotus · 1977 · cited in 1 Idaho opinions naming this issue, 2022–2022
11
Michigan v. Longgreen
scotus · 1983 · cited in 1 Idaho opinions naming this issue, 2022–2022
11
County of Santa Clara v. Dollgreen
calctapp · 1959 · cited in 1 Idaho opinions naming this issue, 2017–2017
11
Asbury Park, LLC v. Greenbriar Estate Homeowners' Ass'ngreen
idaho · 2012 · cited in 1 Idaho opinions naming this issue, 2014–2014
11
Schneckloth v. Bustamontegreen
scotus · 1973 · cited in 1 Idaho opinions naming this issue, 2014–2014
11
State v. Hickmangreen
idahoctapp · 1991 · cited in 1 Idaho opinions naming this issue, 2011–2011
11
State v. Davisgreen
idahoctapp · 2005 · cited in 1 Idaho opinions naming this issue, 2011–2011
11
State v. Bellgreen
nj · 1982 · cited in 1 Idaho opinions naming this issue, 2007–2007
11
People v. Nelsongreen
ill · 1980 · cited in 1 Idaho opinions naming this issue, 2007–2007
11
People v. Nelsongreen
ill · 1980 · cited in 1 Idaho opinions naming this issue, 2007–2007
11
People v. Duckmantongreen
illappct · 1985 · cited in 1 Idaho opinions naming this issue, 2007–2007
11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (43)

CaseCitedYears
State v. Cook green
idahoctapp · 2007
2 sentences

2013In its decision, the Court refused to adopt a per se rule regarding the treatment of public defenders’ offices under the rules. 2 Id.

2010In Cook, this Court concluded that a per se rule imputing conflicts of interest to affiliated public defenders is inappropriate “where there is no indication the conflict would hamper an attorney‟s ability to effectively represent a client.” Id.

32009–2013
Payne v. Tennessee green
scotus · 1991
2 sentences

2008Payne, 501 U.S. at 827 , 111 S.Ct. at 2609 , 115 L.Ed.2d at 736 .

2008Payne, 501 U.S. at 827 , 111 S.Ct. at 2609 , 115 L.Ed.2d at 736 .

32004–2008
State v. Iwakiri green
idaho · 1984
2 sentences

1991In fashioning a rule for the admissibility of this type of evidence, the Court rejected the per se rule of general acceptability of reliability established in Frye v. United States, 293 F. 1013 (D.C.Cir.1923). 106 Idaho at 623-25 , 682 P.2d at 576-78 .

1991In fashioning a rule for the admissibility of this type of evidence, the Court rejected the per se rule of general acceptability of reliability established in Frye v. United States, 293 F. 1013 (D.C.Cir.1923). 106 Idaho at 623-25 , 682 P.2d at 576-78 .

31986–1993
State v. Kirk Murray Charlson green
idaho · 2016
2 sentences

2020In addition, we noted that, although McNeely could be construed narrowly as applying only to exigency, “the better reading is ‘that implied consent is no longer acceptable when it operates as a per se exception to the warrant requirement because the Court repeatedly expressed disapproval for categorical rules.’ ” Id. at 614, 377 P.3d at 1077 (quoting Wulff, 157 Idaho at 421 , 337 P.3d at 580 ).

2020In addition, we noted that, although McNeely could be construed narrowly as applying only to exigency, “the better reading is ‘that implied consent is no longer acceptable when it operates as a per se exception to the warrant requirement because the Court repeatedly expressed disapproval for categorical rules.’ ” Id. at 614, 377 P.3d at 1077 (quoting Wulff, 157 Idaho at 421 , 337 P.3d at 580 ).

22020–2020
Swan v. Commonwealth green
ky · 2012
2 sentences

2019Swan v. Kentucky , 384 S.W.3d 77 , 93-94 (2012) (holding that a defendant's failure to re-raise his Faretta motion to a new judge constituted abandonment of his request to proceed pro se or as co-counsel).

2019Swan v. Kentucky, 384 S.W.3d 77 , 93–94 (2012) (holding that a defendant’s failure to re-raise his Faretta motion to a new judge constituted abandonment of his request to proceed pro se or as co-counsel).

22019–2019
People v. Kenner green
calctapp · 1990
2 sentences

2019For instance, in People v. Kenner , 223 Cal.App.3d 56 , 272 Cal.Rptr. 551 , 554-55 (1990), the California court of appeals adopted a per se test wherein the defendant was deemed to have abandoned or withdrawn his request for self-representation where he "had both time and opportunity to follow up on his request for a hearing on his Faretta motion, and failed to do so." Kentucky has adopted a similar approach.

2019For instance, in People v. Kenner , 223 Cal.App.3d 56 , 272 Cal.Rptr. 551 , 554-55 (1990), the California court of appeals adopted a per se test wherein the defendant was deemed to have abandoned or withdrawn his request for self-representation where he "had both time and opportunity to follow up on his request for a hearing on his Faretta motion, and failed to do so." Kentucky has adopted a similar approach.

22019–2019
Pate v. Robinson green
scotus · 1966
2 sentences

2015“The failure to observe procedures adequate to protect a defendant’s right not to be tried or convicted while incompetent to stand trial deprives him of his due process right to a fair trial.” Lovelace, 140 Idaho at 62 , 90 P.3d at 287 (citing Pate v. Robinson, 383 U.S. 375 , 86 S.Ct. 836 , 15 L.Ed.2d 815 (1966)); see also I.C. § 18-210.

2015“The failure to observe procedures adequate to protect a defendant’s right not to be tried or convicted while incompetent to stand trial deprives him of his due process right to a fair trial.” Lovelace, 140 Idaho at 62 , 90 P.3d at 287 (citing Pate v. Robinson, 383 U.S. 375 (1966)); see also I.C. § 18-210.

22015–2015
State v. Lovelace green
idaho · 2003
2 sentences

2015“The failure to observe procedures adequate to protect a defendant’s right not to be tried or convicted while incompetent to stand trial deprives him of his due process right to a fair trial.” Lovelace, 140 Idaho at 62 , 90 P.3d at 287 (citing Pate v. Robinson, 383 U.S. 375 (1966)); see also I.C. § 18-210.

2015“The failure to observe procedures adequate to protect a defendant’s right not to be tried or convicted while incompetent to stand trial deprives him of his due process right to a fair trial.” Lovelace, 140 Idaho at 62 , 90 P.3d at 287 (citing Pate v. Robinson, 383 U.S. 375 (1966)); see also I.C. § 18-210.

22015–2015
Frye v. United States red
cadc · 1923
2 sentences

1995The Frye rule derives from Frye v. United States, 293 F. 1013 (D.C.Cir.1923), and has been interpreted to establish a per se rule, conditioning “the admissibility of evidence based on a new scientific method of proof on a showing that the technique has been generally accepted as reliable in the scientific community in which it developed.” People v. Shirley, 31 Cal.3d 18 , 181 Cal.Rptr. 243, 251 , 723 P.2d 1354, 1362 (1982), cert. denied, 459 U.S. 860 , 103 S.Ct. 133 , 74 L.Ed.2d 114 (1982).

1991In fashioning a rule for the admissibility of this type of evidence, the Court rejected the per se rule of general acceptability of reliability established in Frye v. United States, 293 F. 1013 (D.C.Cir.1923). 106 Idaho at 623-25 , 682 P.2d at 576-78 .

21991–1995
State v. Koch green
idahoctapp · 1989
2 sentences

1994Giles v. State, 125 Idaho 921, 923 , 877 P.2d 365, 367 (1994); Koch, 116 Idaho at 574 , 777 P.2d at 1247 .

1994Giles v. State, 125 Idaho 921, 923 , 877 P.2d 365, 367 (1994); Koch, 116 Idaho at 574 , 777 P.2d at 1247 .

21991–1994
United States v. Billy Edward Davis, Sr., and Dennis Bates Fletcher green
ca5 · 1974
2 sentences

1986The filing of a second criminal action after dismissing the first is not a per se violation of the federal due process clause, United States v. Davis, 487 F.2d 112 (5th Cir.1973), cert. denied 415 U.S. 981 , 94 S.Ct. 1573 , 39 L.Ed.2d 878 (1974) (cited in Stockwell v. State, 98 Idaho 797 , 573 P.2d 116 (1977), or of the due process clause of the Idaho Constitution.

1977United States v. Davis, 487 F.2d 112 (5th Cir. 1973), cert. denied 415 U.S. 981 , 94 S.Ct. 1573 , 39 L.Ed.2d 878 (1974).

21977–1986
Sierra v. United States green
scotus · 1974
2 sentences

1986The filing of a second criminal action after dismissing the first is not a per se violation of the federal due process clause, United States v. Davis, 487 F.2d 112 (5th Cir.1973), cert. denied 415 U.S. 981 , 94 S.Ct. 1573 , 39 L.Ed.2d 878 (1974) (cited in Stockwell v. State, 98 Idaho 797 , 573 P.2d 116 (1977), or of the due process clause of the Idaho Constitution.

1977United States v. Davis, 487 F.2d 112 (5th Cir. 1973), cert. denied 415 U.S. 981 , 94 S.Ct. 1573 , 39 L.Ed.2d 878 (1974).

21977–1986
Harris v. United States green
scotus · 1974
2 sentences

1986The filing of a second criminal action after dismissing the first is not a per se violation of the federal due process clause, United States v. Davis, 487 F.2d 112 (5th Cir.1973), cert. denied 415 U.S. 981 , 94 S.Ct. 1573 , 39 L.Ed.2d 878 (1974) (cited in Stockwell v. State, 98 Idaho 797 , 573 P.2d 116 (1977), or of the due process clause of the Idaho Constitution.

1977United States v. Davis, 487 F.2d 112 (5th Cir. 1973), cert. denied 415 U.S. 981 , 94 S.Ct. 1573 , 39 L.Ed.2d 878 (1974).

21977–1986
United States v. Billy Gene Thomas green
ca10 · 1973
21981–1981
Martin v. Administrator of Veterans' Affairs green
scotus · 1973
2 sentences

1981Although a few courts have held to the contrary, United States v. Thomas, 474 F.2d 110 (10th Cir.), cert. denied, 412 U.S. 932 , 93 S.Ct. 2758 , 37 L.Ed.2d 160 (1973); People v. Isby, 267 Cal. App.2d 484 , 73 Cal. Rptr. 294 (1968); People v. Hobson, 39 N.Y.2d 479 , 384 N.Y.S.2d 419 , 348 N.E.2d 894 (1976), most courts that have considered the matter agree that a defendant's right to counsel can be waived without notice to or permission from defense counsel.

1981Although a few courts have held to the contrary, United States v. Thomas, 474 F.2d 110 (10th Cir.), cert. denied, 412 U.S. 932 , 93 S.Ct. 2758 , 37 L.Ed.2d 160 (1973); People v. Isby, 267 Cal.App.2d 484 , 73 Cal.Rptr. 294 (1968); People v. Hobson, 39 N.Y.2d 479 , 384 N.Y.S.2d 419 , 348 N.E.2d 894 (1976), most courts that have considered the matter agree that a defendant’s right to counsel can be waived without notice to or permission from defense counsel.

21981–1981
Mosley v. Smith green
scotus · 1973
2 sentences

1981Although a few courts have held to the contrary, United States v. Thomas, 474 F.2d 110 (10th Cir.), cert. denied, 412 U.S. 932 , 93 S.Ct. 2758 , 37 L.Ed.2d 160 (1973); People v. Isby, 267 Cal.App.2d 484 , 73 Cal.Rptr. 294 (1968); People v. Hobson, 39 N.Y.2d 479 , 384 N.Y.S.2d 419 , 348 N.E.2d 894 (1976), most courts that have considered the matter agree that a defendant’s right to counsel can be waived without notice to or permission from defense counsel.

1981Although a few courts have held to the contrary, United States v. Thomas, 474 F.2d 110 (10th Cir.), cert. denied, 412 U.S. 932 , 93 S.Ct. 2758 , 37 L.Ed.2d 160 (1973); People v. Isby, 267 Cal.App.2d 484 , 73 Cal.Rptr. 294 (1968); People v. Hobson, 39 N.Y.2d 479 , 384 N.Y.S.2d 419 , 348 N.E.2d 894 (1976), most courts that have considered the matter agree that a defendant’s right to counsel can be waived without notice to or permission from defense counsel.

21981–1981
People v. Isby green
calctapp · 1968
21981–1981
People v. Hobson green
ny · 1976
2 sentences

1981Although a few courts have held to the contrary, United States v. Thomas, 474 F.2d 110 (10th Cir.), cert. denied, 412 U.S. 932 , 93 S.Ct. 2758 , 37 L.Ed.2d 160 (1973); People v. Isby, 267 Cal.App.2d 484 , 73 Cal.Rptr. 294 (1968); People v. Hobson, 39 N.Y.2d 479 , 384 N.Y.S.2d 419 , 348 N.E.2d 894 (1976), most courts that have considered the matter agree that a defendant’s right to counsel can be waived without notice to or permission from defense counsel.

1981Although a few courts have held to the contrary, United States v. Thomas, 474 F.2d 110 (10th Cir.), cert. denied, 412 U.S. 932 , 93 S.Ct. 2758 , 37 L.Ed.2d 160 (1973); People v. Isby, 267 Cal.App.2d 484 , 73 Cal.Rptr. 294 (1968); People v. Hobson, 39 N.Y.2d 479 , 384 N.Y.S.2d 419 , 348 N.E.2d 894 (1976), most courts that have considered the matter agree that a defendant’s right to counsel can be waived without notice to or permission from defense counsel.

21981–1981
United States v. Santillan green
azd · 2008
12026–2026
State v. Blancas green
idaho · 2022
12026–2026
People v. Tipton green
ill · 1980
12026–2026
United States v. Darrell Mark Babcock green
ca11 · 2019
12026–2026
People v. Dunson green
illappct · 2000
12023–2023
Maryland v. Wilson green
scotus · 1997
12022–2022
United States v. Robinson green
scotus · 1973
12022–2022
Rodriguez v. United States green
scotus · 2015
12022–2022
State v. Severson green
idaho · 2009
12020–2020
State v. Lewis green
idaho · 2007
12019–2019
State v. Rhonda Trusdall green
idahoctapp · 2014
12016–2016
State v. Derek Michael Arrotta green
idaho · 2014
12015–2015
Blackledge v. Perry green
scotus · 1974
12015–2015
United States v. Cronic green
scotus · 1984
12015–2015
Booth v. Maryland red
scotus · 1987
12008–2008
Asch v. State green
wyo · 2003
12007–2007
Bolin v. State green
wyo · 2006
12007–2007
United States v. Peter Spitz green
ca11 · 1983
11998–1998
Browning v. Vernon green
idd · 1994
11997–1997
State v. Ricks green
idahoctapp · 1992
11997–1997
State v. Crea green
idaho · 1991
11995–1995
State v. Gleason green
idaho · 1992
11995–1995

Statutes the citing opinions construe

ID § Idaho Code § 18-8004 (29) ID § Idaho Code § 18-8002 (16) ID § Idaho Code § 19-4907 (10) ID § Idaho Code § 19-4906 (9) ID § Idaho Code § 19-4903 (8) ID § Idaho Code § 18-2403 (5) ID § Idaho Code § 19-2514 (5) ID § Idaho Code § 18-211 (4) ID § Idaho Code § 18-705 (4) ID § Idaho Code § 18-8002A (4) ID § Idaho Code § 18-8006 (4) ID § Idaho Code § 19-3506 (4)

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

IL 638 (1974–2026) PA 546 (1966–2026) TX 343 (1971–2025) NY 323 (1952–2026) CA 266 (1961–2026) NJ 263 (1971–2026) WA 240 (1973–2026) FL 232 (1968–2026) CT 206 (1970–2025) OH 196 (1969–2026) MO 155 (1967–2024) MD 149 (1973–2026) WI 143 (1974–2025) VA 124 (1977–2026) NC 123 (1971–2026) DC 118 (1977–2026) IN 116 (1967–2025) TN 111 (1987–2026) CO 109 (1977–2026) IA 103 (1976–2025) NM 99 (1978–2025) MA 96 (1977–2025) OR 93 (1979–2025) MN 91 (1975–2025) GA 88 (1970–2024) ID 87 (1977–2026) MS 87 (1969–2026) AL 86 (1969–2026) LA 82 (1977–2023) AZ 80 (1971–2026) UT 71 (1981–2026) MI 71 (1974–2025) NH 58 (1974–2024) ME 56 (1973–2026) MT 56 (1976–2026) SC 53 (1985–2023) VT 53 (1981–2025) KS 48 (1969–2026) RI 43 (1973–2023) WV 40 (1975–2025) NE 37 (1979–2023) DE 36 (1983–2026) NV 36 (1965–2024) OK 35 (1978–2024) ND 34 (1974–2025) AK 34 (1979–2020) HI 33 (1977–2025) SD 29 (1975–2025) WY 23 (1978–2025) AR 20 (1973–2019) KY 18 (1971–2022) VI 11 (1986–2024) GU 2 (2021–2022)

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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