valid implied waiver (Colorado) · Go Syfert
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valid implied waiver in Colorado

9 Colorado opinions name it 2 courts 1989–2020 0 in the last five years

The cases below were cited by Colorado 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 (3)

CaseFollowedCited
People v. Arguellogreen
colo · 1989 · cited in 7 Colorado opinions naming this issue, 2002–2020
2 sentences

2020Cf. Arguello, 772 P.2d at 97 (“[B]efore a reviewing court can find a valid implied waiver based on conduct, there must be ample, unequivocal evidence in the record that the defendant was advised properly in advance of the consequences of his actions.”).

2019And it specified that “before a reviewing court can find a valid implied waiver based on conduct, there must be ample, unequivocal evidence in the record that the defendant was advised properly in advance of the consequences of his actions.” Id. at 97 .

17
People v. Smithgreen
coloctapp · 1994 · cited in 1 Colorado opinions naming this issue, 2002–2002
1 sentence

2002See People v. Smith, supra. However, a court's failure substantially to comply with this requirement does not alone preclude a valid implied waiver.

11
King v. Peoplegreen
colo · 1986 · cited in 1 Colorado opinions naming this issue, 1989–1989
1 sentence

1989In sum, the record before us does not provide the requisite showing that Arguello knowingly acted in a manner which would meet the test for an implied waiver of counsel as set forth in King of demonstrating “an unequivocal intent to relinquish or abandon his right to legal representation.” King, 728 P.2d at 1269 (emphasis added).

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (1)

CaseCitedYears
People v. Alengi green
colo · 2006
1 sentence

2007People v. Alengi, supra, 148 P.3d at 159 .

12007–2007

Statutes the citing opinions construe

CO § Colo. Rev. Stat. § 18-4-401 (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

CO 9 (1989–2020) CA 6 (2008–2024) IN 4 (2011–2012) TX 2 (2015–2015)

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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