possible consequences waiver (Missouri) · Go Syfert
← Missouri issues

possible consequences waiver in Missouri

12 Missouri opinions name it 2 courts 1990–2025 2 in the last five years

The cases below were cited by Missouri 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
State v. Powellgreen
mo · 1990 · cited in 11 Missouri opinions naming this issue, 1991–2025
2 sentences

2025“The knowing and intelligent requirement does not mean that a defendant must know and understand all the possible consequences of the waiver.” Id. (quoting State v. Powell, 798 S.W.2d 709, 713 (Mo. banc 1990)).

2021“The knowing and intelligent requirement does not mean that a defendant must know and understand all the possible consequences of the waiver.” State v. Powell, 798 S.W.2d 709, 713 (Mo. banc 1990) (quoting Moran v. Burbine, 475 U.S. 412, 422 (1986)).

911
Moran v. Burbinegreen
scotus · 1986 · cited in 2 Missouri opinions naming this issue, 2014–2021
2 sentences

2021“The knowing and intelligent requirement does not mean that a defendant must know and understand all the possible consequences of the waiver.” State v. Powell, 798 S.W.2d 709, 713 (Mo. banc 1990) (quoting Moran v. Burbine, 475 U.S. 412, 422 (1986)).

2014“Rather, it requires that the defendant understood the warnings themselves; ‘that he at all times knew that he could stand mute and request a lawyer, and that he was aware of the State’s intention to use his statements to secure a conviction.’ ” Id. (quoting Moran, 475 U.S. at 422 , 106 S.Ct. 1135 ).

12
State v. Wilkinsongreen
moctapp · 1993 · cited in 1 Missouri opinions naming this issue, 2012–2012
1 sentence

2012The “showing that a ‘defendant was informed of his rights, that he was capable of understanding those rights, and that no physical force, threats, promises, or coercive tactics were used to obtain the confession,’ is prima facie evidence that the confession given while the defendant was in custody was voluntary.” State v. Johnson, 988 S.W.2d 115, 120 (Mo. App.1999) (quoting State v. Wilkinson, 861 S.W.2d 746, 750 (Mo.App.1993)).

11
State v. Johnsongreen
moctapp · 1999 · cited in 1 Missouri opinions naming this issue, 2012–2012
1 sentence

2012The “showing that a ‘defendant was informed of his rights, that he was capable of understanding those rights, and that no physical force, threats, promises, or coercive tactics were used to obtain the confession,’ is prima facie evidence that the confession given while the defendant was in custody was voluntary.” State v. Johnson, 988 S.W.2d 115, 120 (Mo. App.1999) (quoting State v. Wilkinson, 861 S.W.2d 746, 750 (Mo.App.1993)).

11
State v. Nunnerygreen
moctapp · 2004 · cited in 1 Missouri opinions naming this issue, 2012–2012
1 sentence

2012“The requirement that a waiver of rights be knowing and intelligent does not mean that a defendant must know and understand all of the possible consequences of the waiver.” State v. Powell, 798 S.W.2d 709, 713 (Mo. banc 1990). “ ‘Rather, it requires that the defendant understood the warnings themselves;’ that defendant at all times knew that he or she could stand silent, could request that an attorney be present during interrogation, and that the State could and would use any statement to obtain a conviction.” State v. Nunnery, 129 S.W.3d 13, 18 (Mo.App.2004).

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (2)

CaseCitedYears
Colorado v. Spring green
scotus · 1987
2 sentences

1991Colorado v. Spring, 479 U.S. 564, 574-75 , 107 S.Ct. 851, 857-58 , 93 L.Ed.2d 954 (1987); State v. Powell, 798 S.W.2d 709, 713 (Mo.1990) (en banc).

1991Colorado v. Spring, 479 U.S. 564, 574-75 , 107 S.Ct. 851, 857-58 , 93 L.Ed.2d 954 (1987); State v. Powell, 798 S.W.2d 709, 713 (Mo.1990) (en banc).

21990–1991
Joy v. Morrison green
mo · 2008
1 sentence

2025“The knowing and intelligent requirement does not mean that a defendant must know and understand all the possible consequences of the waiver.” Id. (quoting State v. Powell, 798 S.W.2d 709, 713 (Mo. banc 1990)).

12025–2025

Where else courts name it

MO 12 (1990–2025) TX 9 (1993–2015) MA 4 (1993–2003) NM 3 (1987–2023) OH 3 (1996–2005) CA 2 (2001–2001)

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