intelligent waiver in Louisiana

87 Louisiana opinions name it 2 courts 1942–2019 0 in the last five years

The cases below were cited by Louisiana 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 (22)

Case	Followed	Cited
State v. Mitchellgreen la · 1982 · cited in 6 Louisiana opinions naming this issue, 1987–2015 2 sentences 2015See State v. Mitchell, 421 So.2d 851 (La.1982); State v. Reynolds, 45,674 (La.App.2d Cir.11/03/10), 55 So.3d 136 . 1988Furthermore, "[i]n proving an intelligent waiver of the rights to silence, self-incrimination, and counsel, the state need not show that defendant was aware of the full evidentiary significance of his statements." See State v. Mitchell, 421 So.2d 851, 852 (La.1982).	6	6
Johnson v. Zerbstgreen scotus · 1938 · cited in 26 Louisiana opinions naming this issue, 1969–2019 2 sentences 2016In State v. Carter, supra, the Supreme Court explained what trial courts must consider, when a defendant asserts the right to self-representation: Should a defendant wish to waive counsel and represent himself, “[t]he determination of whether there has been an intelligent waiver of right to counsel must depend, in each case, upon the particular facts and circumstances surrounding that case, including the background, experience, and conduct of the accused.” Johnson v. Zerbst, 304 U.S. 458, 464 , 58 S.Ct. 1019, 1023 , 82 L.Ed. 1461 (1938) ... 2016In State v. Carter, supra, the Supreme Court explained what trial courts must consider, when a defendant asserts the right to self-representation: Should a defendant wish to waive counsel and represent himself, “[t]he determination of whether there has been an intelligent waiver of right to counsel must depend, in each case, upon the particular facts and circumstances surrounding that case, including the background, experience, and conduct of the accused.” Johnson v. Zerbst, 304 U.S. 458, 464 , 58 S.Ct. 1019, 1023 , 82 L.Ed. 1461 (1938) ...	4	26
State v. Straingreen la · 1991 · cited in 2 Louisiana opinions naming this issue, 2012–2012 2 sentences 2012What is a “knowing and voluntary waiver” was discussed by the Louisiana Supreme Court in State v. Carter, 10-0614, p. 25 (La.1/24/12) 26, 84 So.3d 499 , 520: “[ t]he determination of whether there has been an intelligent waiver of right to counsel must depend, in each case, upon the particular facts and circumstances surrounding that case, including the background, experience, and conduct of the accused.” Johnson v. Zerbst, 304 U.S. 458, 464 , 58 S.Ct. 1019, 1023 , 82 L.Ed. 1461 (1938); see also State v. Strain, 585 So.2d 540, 542 (La.1991)(trial courts should inquire into the accused’s age, e 2012Should a defendant wish to waive counsel and represent himself, “[t]he determination of whether there has been an intelligent waiver of right to counsel must depend, in each case, upon the particular facts and circumstances surrounding that case, including the background, experience, and conduct of the accused.” Johnson v. Zerbst, 304 U.S. 458, 464 , 58 S.Ct. 1019, 1023 , 82 L.Ed. 1461 (1938); see also State v. Strain, 585 So.2d 540, 542 (La.1991) (trial courts should inquire into the accused’s age, education, and mental condition in deciding, on a totality of the circumstances, whether accuse	2	2
State v. Greengreen la · 1983 · cited in 2 Louisiana opinions naming this issue, 1995–1996 2 sentences 1996State v. Green, 443 So.2d 531, 535 (La.1983); State v. James, 459 So.2d 28, 29-30 (La.App. 1st Cir.1984). 1995State v. Green, 443 So.2d 531, 535 (La.1983); State v. James, 459 So.2d 28, 29-30 (La.App. 1st Cir.1984).	2	2
State v. Jamesgreen lactapp · 1984 · cited in 2 Louisiana opinions naming this issue, 1995–1996 2 sentences 1996State v. Green, 443 So.2d 531, 535 (La.1983); State v. James, 459 So.2d 28, 29-30 (La.App. 1st Cir.1984). 1995State v. Green, 443 So.2d 531, 535 (La.1983); State v. James, 459 So.2d 28, 29-30 (La.App. 1st Cir.1984).	2	2
State v. Harpergreen la · 1980 · cited in 23 Louisiana opinions naming this issue, 1980–2019 2 sentences 2019Johnson v. Zerbst, 304 U.S. 458 , 58 S.Ct. 1019 , 82 L.Ed. 1461 (1938); State v. Harper, 381 So.2d 468 (La. 1980). 1986"The determination of whether there has been an intelligent waiver of right to counsel must depend, in each case, upon the particular facts and circumstances surrounding that case, including the background, experience, and conduct of the accused." Johnson v. Zerbst, 304 U.S. 458, 464 , 58 S.Ct. 1019, 1023 , 82 L.Ed. 1461 (1938); State v. Harper, 381 So.2d 468 (La.1980).	1	23
Faretta v. Californiagreen scotus · 1975 · cited in 7 Louisiana opinions naming this issue, 1986–2016 2 sentences 2016Further, a defendant ' must be made aware of the dangers and disadvantages of self-representation so that the record démonstrates that “ ‘he knows what he is doing and his choice is made with his eyes open.’” Faretta, 422 U.S. at 835 , 95 S.Ct. at 2541 (quoting Adams v. United States ex rel. 2016Further, a defendant ' must be made aware of the dangers and disadvantages of self-representation so that the record démonstrates that “ ‘he knows what he is doing and his choice is made with his eyes open.’” Faretta, 422 U.S. at 835 , 95 S.Ct. at 2541 (quoting Adams v. United States ex rel.	1	7
State v. Carpentergreen la · 1980 · cited in 5 Louisiana opinions naming this issue, 1989–2019 2 sentences 2019Regarding the determination of a defendant’s waiver of counsel, in Carpenter, 390 So.2d at 1298 , the Louisiana Supreme Court stated as follows: The determination of whether there has been an intelligent waiver of the right to counsel depends upon the facts and circumstances surrounding the case, including the background, experience, and conduct of the accused. 2002In State v. Carpenter, 390 So.2d 1296 (La.1980), the Louisiana Supreme Court set forth the following law regarding a waiver of defendant's right to counsel: The determination of whether there has been an intelligent waiver of the right to counsel depends upon the facts and circumstances surrounding the case, including the background, experience, and conduct of the accused.	1	5
State v. Spaingreen la · 1976 · cited in 2 Louisiana opinions naming this issue, 1982–2018 2 sentences 2018State v. Spain , 329 So.2d 178 (La. 1976) ; State v. Crosby, 338 So.2d 584 (La. 1976) ; State v. Hardy , 39,233 (La. 1982An accused's right to have a particular trial action reviewed on appeal may be waived by the failure of his counsel to object to it at the time made: "... the failure of an accused's counsel to make such objection or to file such motions will ordinarily constitute an intelligent waiver of the right to appellate review of such types of errors and the evidence upon which they are based...." State v. Spain, 329 So.2d 178, 179 (La. 1976).	1	2
Adams v. United States Ex Rel. McCanngreen scotus · 1943 · cited in 2 Louisiana opinions naming this issue, 1986–1990 2 sentences 1990McCann, 317 U.S. 269, 279 , 63 S.Ct. 236, 242 , 87 L.Ed. 268, 275 (1942). 1990McCann, 317 U.S. 269, 279 , 63 S.Ct. 236, 242 , 87 L.Ed. 268, 275 (1942).	1	2
State v. Williamsgreen lactapp · 1988 · cited in 2 Louisiana opinions naming this issue, 1988–1990 2 sentences 1990State v. Warren, 536 So.2d 529 (La.App. 1st Cir. 1988); State v. Williams, 521 So.2d 629 (La.App. 1st Cir.1988). 1988See State v. Mitchell, 421 So.2d 851, 852 (La.1982); State v. Williams, 521 So.2d 629, 631 (La.App. 1st Cir.1988).	1	2
State v. Clarkgreen la · 1984 · cited in 1 Louisiana opinions naming this issue, 2012–2012 1 sentence 2012State v. Clark, 446 So.2d 293, 297 (La.1984).	1	1
Borel v. Younggreen la · 2008 · cited in 1 Louisiana opinions naming this issue, 2009–2009 2 sentences 2009Although, as I have previously cautioned, once this court has ruled on an issue, we should be extremely reluctant to change our position, as both the legislature and society should be able to rely on the finality of our decisions, Borel v. Young, 07-419, p. 21 (La.11/27/07), 989 So.2d 42, 65 (on reh'g), in this case there is no specific statute addressing the issue and, thus, no legislative pronouncement of which we might run afoul in continued adherence to the jurisprudential rule. 2009Although, as I have previously cautioned, once this court has ruled on an issue, we should be extremely reluctant to change our position, as both the legislature and society should be able to rely on the finality of our decisions, Borel v. Young, 07-419, p. 21 (La.11/27/07), 989 So.2d 42, 65 (on reh’g), in this case there is no specific statute addressing the issue and, thus, no legislative pronouncement of which we might run afoul in continued adherence to the jurisprudential rule.	1	1
State v. Kinggreen lactapp · 1990 · cited in 1 Louisiana opinions naming this issue, 1998–1998 1 sentence 1998State v. King, 563 So.2d 449, 453 (La.App. 1st Cir.), writ denied, 567 So.2d 610 (La.1990).	1	1
State v. Halsellgreen la · 1981 · cited in 1 Louisiana opinions naming this issue, 1982–1982	1	1
Fare v. Michael C.green scotus · 1979 · cited in 1 Louisiana opinions naming this issue, 1982–1982	1	1
Kitchens v. Smithgreen scotus · 1971 · cited in 1 Louisiana opinions naming this issue, 1980–1980	1	1
State ex rel. Hall v. Hendersongreen la · 1975 · cited in 1 Louisiana opinions naming this issue, 1980–1980	1	1
State v. Barksdalegreen la · 1964 · cited in 1 Louisiana opinions naming this issue, 1971–1971	1	1
Gadsden v. Frippgreen scotus · 1965 · cited in 1 Louisiana opinions naming this issue, 1971–1971	1	1
Polk v. Minnesota Commissioner of Correctionsgreen scotus · 1965 · cited in 1 Louisiana opinions naming this issue, 1971–1971	1	1
State v. Van Burengreen sc · 1910 · cited in 1 Louisiana opinions naming this issue, 1971–1971	1	1

Distinguished, questioned or overruled (0)

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

Also cited on this issue (37)

Case	Cited	Years
State v. Benoit green la · 1983 2 sentences 1990State v. Benoit, 440 So.2d 129 (La.1983). 1985Miranda v. Arizona, 384 U.S. 436 , 86 S.Ct. 1602 , 16 L.Ed.2d 694 (1966); State v. Benoit, 440 So.2d 129 (La.1983).	5	1984–1990
Miranda v. Arizona green scotus · 1966 2 sentences 1975In these circumstances an intelligent waiver of constitutional rights cannot be assumed." ( 384 U.S. 436, 496 , 86 S.Ct. 1602, 1639 , 16 L. 1975In these circumstances an intelligent waiver of constitutional rights cannot be assumed." ( 384 U.S. 436, 496 , 86 S.Ct. 1602, 1639 , 16 L.	5	1975–1985
State v. Hayes green lactapp · 1996 2 sentences 2002State v. Hayes, 95-1170 (La.App. 3 Cir. 3/6/96) ; 670 So.2d 683 , citing State v. Harper, 381 So.2d 468 (La.1980). 2001State v. Hayes, 95-1170 (La.App. 3 Cir. 3/6/96) ; 670 So.2d 683 , citing State v. Harper, 381 So.2d 468 (La.1980).	3	1996–2002
State v. Davis green lactapp · 1995 2 sentences 2007State v. Davis, 94-2332, p. 8 (La.App. 1 Cir. 12/15/95), 666 So.2d 400, 406 , writ denied, 96-0127 (La. 4/19/96), 671 So.2d 925 . 1996State v. Davis, 94-2332, p. 8 (La.App. 1st Cir. 12/15/95), 666 So.2d 400, 406 , writ denied, 96-0127 (La.4/19/96), 671 So.2d 925 .	2	1996–2007
State v. Warren green lactapp · 1988 2 sentences 2007See State v. Mitchell, 421 So.2d 851 (La. 1982); State v. Warren, 536 So.2d 529 (La. 1990State v. Warren, 536 So.2d 529 (La.App. 1st Cir. 1988); State v. Williams, 521 So.2d 629 (La.App. 1st Cir.1988).	2	1990–2007
State v. Johnson green la · 1996 2 sentences 2007State v. Davis, 94-2332, p. 8 (La.App. 1 Cir. 12/15/95), 666 So.2d 400, 406 , writ denied, 96-0127 (La. 4/19/96), 671 So.2d 925 . 1996State v. Davis, 94-2332, p. 8 (La.App. 1st Cir. 12/15/95), 666 So.2d 400, 406 , writ denied, 96-0127 (La.4/19/96), 671 So.2d 925 .	2	1996–2007
State v. Hathaway green la · 1982 2 sentences 1990State v. Hathaway, 411 So.2d 1074 (La. 1982). 748 The state was not required to negate an exception in the bill of information. 1985*State v. Hathaway, 411 So.2d 1074 (La.1982).	2	1985–1990
State v. Crosby green la · 1976 1 sentence 2018State v. Spain , 329 So.2d 178 (La. 1976) ; State v. Crosby, 338 So.2d 584 (La. 1976) ; State v. Hardy , 39,233 (La.	1	2018–2018
State v. Reynolds neutral lactapp · 2010 1 sentence 2015See State v. Mitchell, 421 So.2d 851 (La.1982); State v. Reynolds, 45,674 (La.App.2d Cir.11/03/10), 55 So.3d 136 .	1	2015–2015
State v. Carter green la · 2012 1 sentence 2012What is a “knowing and voluntary waiver” was discussed by the Louisiana Supreme Court in State v. Carter, 10-0614, p. 25 (La.1/24/12) 26, 84 So.3d 499 , 520: “[ t]he determination of whether there has been an intelligent waiver of right to counsel must depend, in each case, upon the particular facts and circumstances surrounding that case, including the background, experience, and conduct of the accused.” Johnson v. Zerbst, 304 U.S. 458, 464 , 58 S.Ct. 1019, 1023 , 82 L.Ed. 1461 (1938); see also State v. Strain, 585 So.2d 540, 542 (La.1991)(trial courts should inquire into the accused’s age, e	1	2012–2012
State v. White green lactapp · 1998 1 sentence 2000In State v. White, 98-0343 (La.App. 1 Cir. 12/28/98) , 727 So.2d 574 , the court held that the record did not reflect an intelligent waiver of counsel when defendant entered one of the predicate misdemeanor DWI guilty pleas.	1	2000–2000
State v. King neutral la · 1990 1 sentence 1998State v. King, 563 So.2d 449, 453 (La.App. 1st Cir.), writ denied, 567 So.2d 610 (La.1990).	1	1998–1998
State v. Wheelwright green lactapp · 1993 1 sentence 1995In State v. Wheelwright, supra , the defendant pled guilty to a multiple offender bill where the trial judge failed to specifically inform him of his right to remain silent.	1	1995–1995
Boykin v. Alabama green scotus · 1969 2 sentences 1985Domangue argues that the conviction is invalid because he did not make an intelligent waiver of his constitutional rights as required by Boykin v. Alabama, 395 U.S. 238 , 89 S.Ct. 1709 , 23 L.Ed.2d 274 (1969). 1985Domangue argues that the conviction is invalid because he did not make an intelligent waiver of his constitutional rights as required by Boykin v. Alabama, 395 U.S. 238 , 89 S.Ct. 1709 , 23 L.Ed.2d 274 (1969).	1	1985–1985
State v. LeBlanc green la · 1979 1 sentence 1984NOTES [1] In State v. LeBlanc, 367 So.2d 335 (La.1979), the court pretermitted a ruling on whether the intelligent waiver of La.	1	1984–1984
City of Monroe v. Wyrick green la · 1981 1 sentence 1984In upholding Faretta's right to represent himself, the United States Supreme Court noted that the record affirmatively showed that "Faretta was literate, competent, and understanding, and that he was voluntarily exercising his informed free will." The Supreme Court in Johnson v. Zerbst, 304 U.S. 458 , 58 S.Ct. 1019, 1023 , 82 L.Ed. 1461 (1938), stated, "The determination of whether there has been an intelligent waiver of right to counsel must depend, in each case, upon the particular facts and circumstances surrounding the case, including the background, experience and conduct of the accused."	1	1984–1984
Edwards v. Arizona green scotus · 1981	1	1982–1982
United States v. Cecil Knox Priest green ca5 · 1969	1	1982–1982
United States v. Edward Junior Clark green ca4 · 1974	1	1982–1982
North Carolina v. Butler red scotus · 1979	1	1982–1982
United States v. John Clayton Massey green ca5 · 1977	1	1982–1982
State v. Cusher green la · 1981	1	1982–1982
State v. Warren green la · 1981	1	1982–1982
State v. Bell green la · 1976	1	1982–1982
State v. Jenkins green la · 1976	1	1979–1979
State v. Bizette green la · 1976	1	1979–1979
State v. Massa neutral kan · 1913	1	1976–1976
State v. McGowan neutral la · 1975	1	1976–1976
United States v. Wade green scotus · 1967	1	1974–1974
Kirby v. Illinois green scotus · 1972	1	1974–1974
State v. Fairley neutral la · 1971	1	1972–1972
State v. Scheler green la · 1962	1	1971–1971
State v. Millsap green la · 1971	1	1971–1971
State v. Graves neutral la · 1964	1	1969–1969
Gideon v. Wainwright green scotus · 1963	1	1966–1966
Frank M. Williams v. State of Alabama green ca5 · 1965	1	1966–1966
J. W. Hampton, Jr., & Co. v. United States green scotus · 1928	1	1942–1942

Statutes the citing opinions construe

LA § La. Rev. Stat. § 15:451 (14) LA § La. Rev. Stat. § 14:30.1 (9) LA § La. Rev. Stat. § 14:64 (9) LA § La. Rev. Stat. § 15:529.1 (8) LA § La. Rev. Stat. § 1 (7) LA § La. Rev. Stat. § 15:438 (7) LA § La. Rev. Stat. § 14:30 (6) LA § La. Rev. Stat. § 14:95.1 (6) LA § La. Rev. Stat. § 40:966 (6) LA § La. Rev. Stat. § 40:967 (6) LA § La. Rev. Stat. § 14:27 (5) LA § La. Rev. Stat. § 14:42 (5)

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 179 (1947–2026) LA 87 (1942–2019) IL 85 (1948–2026) GA 48 (1971–2026) OH 41 (1944–2026) AR 36 (1956–2021) TX 33 (1968–2025) CT 32 (1968–2016) IN 30 (1969–2020) MD 28 (1964–2008) NY 28 (1955–2018) AL 21 (1965–2018) PA 20 (1941–2021) WA 19 (1963–2022) FL 19 (1964–2014) AZ 18 (1965–2021) SC 18 (1974–2024) WV 18 (1965–2021) MO 14 (1896–2023) CO 13 (1967–2021) MN 13 (1959–2024) RI 12 (1964–2011) NH 11 (1965–2019) MI 11 (1967–2023) MA 11 (1971–2010) NJ 10 (1945–2026) AK 10 (1980–2023) NC 9 (1964–2022) OR 9 (1966–1983) DC 8 (1959–2010) OK 8 (1939–1979) NM 8 (1971–2020) WI 7 (1968–2003) ND 7 (1965–2025) TN 6 (1951–2024) VA 6 (1979–2023) KS 6 (1949–1982) IA 6 (1966–2022) KY 6 (1981–2022) VT 5 (1960–2016) MS 5 (1988–2019) SD 5 (1943–2006) NV 5 (1970–1984) NE 4 (1976–2019) ID 4 (1967–1986) ME 4 (1980–2014) WY 4 (1984–1992) DE 2 (1985–2015) 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