intelligent and knowing waiver in Florida

11 Florida opinions name it 2 courts 1986–1998 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 (4)

Case	Followed	Cited
Sirmons v. Stategreen fla · 1993 · cited in 6 Florida opinions naming this issue, 1993–1998 2 sentences 1994It reaffirmed the principles of Rhoden and specifically held "that absent an intelligent and knowing waiver that is manifest on the record, a juvenile entering a negotiated plea agreement does not waive any rights under section 39.111." 620 So.2d at 1250 (emphasis added). [5] Although it noted one of the rights under the statute "is to have the court determine the suitability of imposing adult sanctions by considering the criteria listed in" the statute, the court also explained that "[t]his does not preclude a juvenile from negotiating a plea waiving that right" under certain circumstances. 6 1994It reaffirmed the principles of Rhoden and specifically held "that absent an intelligent and knowing waiver that is manifest on the record, a juvenile entering a negotiated plea agreement does not waive any rights under section 39.111." 620 So.2d at 1250 (emphasis added). [5] Although it noted one of the rights under the statute "is to have the court determine the suitability of imposing adult sanctions by considering the criteria listed in" the statute, the court also explained that "[t]his does not preclude a juvenile from negotiating a plea waiving that right" under certain circumstances. 6	3	6
State v. Rhodengreen fla · 1984 · cited in 3 Florida opinions naming this issue, 1990–1994 2 sentences 1994The court then concluded by stating that "[t]rial judges cannot avoid [the statutory] mandate absent an intelligent and knowing waiver of that right by a juvenile." 448 So.2d at 1017 (emphasis added). 1993Id. at 1017 .	1	3
Lang v. Stategreen fladistctapp · 1990 · cited in 1 Florida opinions naming this issue, 1998–1998 1 sentence 1998See Lang v. State, 566 So.2d 1354 (Fla. 5th DCA 1990), approved, Sirmons v. State, 620 So.2d 1249 (Fla.1993).	1	1
State v. Veachgreen fla · 1994 · cited in 1 Florida opinions naming this issue, 1994–1994 1 sentence 1994See State v. Veach, 630 So.2d 1096 (Fla. 1994); Troutman ; Sirmons v. State, 620 So.2d 1249 (Fla. 1993); *1206 Berry v. State, 636 So.2d 555 (Fla. 2d DCA 1994).	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 (9)

Case	Cited	Years
Pittman v. State neutral fla · 1993 1 sentence 1995Pittman, 620 So.2d at 1233 , quoting Sirmons v. State, 620 So.2d 1249, 1251 (Fla. 1993).	1	1995–1995
Edler v. State green fla · 1993 1 sentence 1994In light of some statements in Troutman v. State, 630 So.2d 528 (Fla. 1993), however, *832 the district court expressed uncertainty as to whether a trial court ever has the authority to dispense with the requirements of section 39.059(7), even in the presence of a valid waiver.	1	1994–1994
Berry v. State green fladistctapp · 1994 1 sentence 1994See State v. Veach, 630 So.2d 1096 (Fla. 1994); Troutman ; Sirmons v. State, 620 So.2d 1249 (Fla. 1993); *1206 Berry v. State, 636 So.2d 555 (Fla. 2d DCA 1994).	1	1994–1994
Dixon v. State green fladistctapp · 1984 1 sentence 1991Rhoden states that compliance with section 39.111(7), Florida Statutes (1989) is mandatory unless there is “an intelligent and knowing waiver of that right by a juvenile.” Id. at 1017 .	1	1991–1991
Clark v. State green fla · 1978 1 sentence 1986And I'm concerned about it because I think that if it might possibly relate to something other than the charges that we are involved in here, then we have a situation where I think the jury could become very prejudiced against Derrick Smith, and I want to bring that to the Court's attention at this point. [2] Ray v. State, 403 So.2d 956 (Fla. 1981); Castor v. State, 365 So.2d 701 (Fla. 1978); Clark v. State, 363 So.2d 331 (Fla. 1978). [3] Ray v. State ; McCrae v. State, 395 So.2d 1145 (Fla. 1980), cert. denied, 454 U.S. 1041 , 102 S.Ct. 583 , 70 L.Ed.2d 486 (1981). [4] The Miranda standards ar	1	1986–1986
Ray v. State green fla · 1981 1 sentence 1986And I'm concerned about it because I think that if it might possibly relate to something other than the charges that we are involved in here, then we have a situation where I think the jury could become very prejudiced against Derrick Smith, and I want to bring that to the Court's attention at this point. [2] Ray v. State, 403 So.2d 956 (Fla. 1981); Castor v. State, 365 So.2d 701 (Fla. 1978); Clark v. State, 363 So.2d 331 (Fla. 1978). [3] Ray v. State ; McCrae v. State, 395 So.2d 1145 (Fla. 1980), cert. denied, 454 U.S. 1041 , 102 S.Ct. 583 , 70 L.Ed.2d 486 (1981). [4] The Miranda standards ar	1	1986–1986
McCray v. Florida green scotus · 1981 2 sentences 1986And I'm concerned about it because I think that if it might possibly relate to something other than the charges that we are involved in here, then we have a situation where I think the jury could become very prejudiced against Derrick Smith, and I want to bring that to the Court's attention at this point. [2] Ray v. State, 403 So.2d 956 (Fla. 1981); Castor v. State, 365 So.2d 701 (Fla. 1978); Clark v. State, 363 So.2d 331 (Fla. 1978). [3] Ray v. State ; McCrae v. State, 395 So.2d 1145 (Fla. 1980), cert. denied, 454 U.S. 1041 , 102 S.Ct. 583 , 70 L.Ed.2d 486 (1981). [4] The Miranda standards ar 1986And I'm concerned about it because I think that if it might possibly relate to something other than the charges that we are involved in here, then we have a situation where I think the jury could become very prejudiced against Derrick Smith, and I want to bring that to the Court's attention at this point. [2] Ray v. State, 403 So.2d 956 (Fla. 1981); Castor v. State, 365 So.2d 701 (Fla. 1978); Clark v. State, 363 So.2d 331 (Fla. 1978). [3] Ray v. State ; McCrae v. State, 395 So.2d 1145 (Fla. 1980), cert. denied, 454 U.S. 1041 , 102 S.Ct. 583 , 70 L.Ed.2d 486 (1981). [4] The Miranda standards ar	1	1986–1986
Castor v. State green fla · 1978 1 sentence 1986And I'm concerned about it because I think that if it might possibly relate to something other than the charges that we are involved in here, then we have a situation where I think the jury could become very prejudiced against Derrick Smith, and I want to bring that to the Court's attention at this point. [2] Ray v. State, 403 So.2d 956 (Fla. 1981); Castor v. State, 365 So.2d 701 (Fla. 1978); Clark v. State, 363 So.2d 331 (Fla. 1978). [3] Ray v. State ; McCrae v. State, 395 So.2d 1145 (Fla. 1980), cert. denied, 454 U.S. 1041 , 102 S.Ct. 583 , 70 L.Ed.2d 486 (1981). [4] The Miranda standards ar	1	1986–1986
McCrae v. State green fla · 1981 1 sentence 1986And I'm concerned about it because I think that if it might possibly relate to something other than the charges that we are involved in here, then we have a situation where I think the jury could become very prejudiced against Derrick Smith, and I want to bring that to the Court's attention at this point. [2] Ray v. State, 403 So.2d 956 (Fla. 1981); Castor v. State, 365 So.2d 701 (Fla. 1978); Clark v. State, 363 So.2d 331 (Fla. 1978). [3] Ray v. State ; McCrae v. State, 395 So.2d 1145 (Fla. 1980), cert. denied, 454 U.S. 1041 , 102 S.Ct. 583 , 70 L.Ed.2d 486 (1981). [4] The Miranda standards ar	1	1986–1986

Where else courts name it

MD 23 (1970–2026) IL 15 (1970–2025) LA 14 (1971–2024) CA 13 (1966–2022) FL 11 (1986–1998) TX 11 (1982–2025) PA 8 (1965–1982) AZ 7 (1977–2026) NY 5 (1976–2013) OK 5 (1974–1999) OH 4 (1999–2001) NJ 4 (2000–2018) AL 4 (1969–1993) WA 4 (1968–2001) MI 3 (1970–2015) MO 3 (1973–2021) OR 2 (1971–1982) TN 2 (2006–2010) MA 2 (1976–1990) WY 2 (1981–2022) MS 2 (2004–2009) WV 2 (2016–2016) KS 2 (1986–2018) IN 2 (1979–1982) CO 2 (1971–1972)

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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