appointment waiver (Florida) · Go Syfert
← Florida issues

appointment waiver in Florida

9 Florida opinions name it 2 courts 1978–2016 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 (7)

CaseFollowedCited
State v. Hamiltongreen
fla · 1984 · cited in 2 Florida opinions naming this issue, 2002–2013
2 sentences

2013See State v. Hamilton, 448 So.2d 1007, 1008 (Fla. 1984) (holding that when an appointed attorney advises the trial court that he has reason to believe that his client is incompetent to stand trial and requests the appointment of a defense expert under rule 3.216(a), the threshold requirements of the rule are satisfied, and court-appointment of the expert is mandatory); Price v. State, 816 So.2d 738, 740 (Fla. 3d DCA 2002).

2002In State v. Hamilton, 448 So.2d 1007, 1008 (Fla.1984), the Florida Supreme Court held that when an appointed attorney advises the trial court that he or she has reason to believe that his or her indigent client is incompetent to stand trial and requests the appointment of a defense expert pursuant to rule 3.216(a), the court has no discretion and the appointment is mandatory.

22
M.M.K. v. Stategreen
fladistctapp · 2002 · cited in 2 Florida opinions naming this issue, 2005–2005
2 sentences

2005See M.M.K. v. State, 821 So.2d 415 (Fla. 2d DCA 2002); J.M.B. v. State, 800 So.2d 317 (Fla. 2d DCA 2001).

2005See M.M.K. v. State, 821 So.2d 415 (Fla. 2d DCA 2002); J.M.B. v. State, 800 So.2d 317 (Fla. 2d DCA 2001).

22
State v. TGgreen
fla · 2001 · cited in 2 Florida opinions naming this issue, 2005–2005
2 sentences

2005If a juvenile chooses to waive his right to counsel, “the court must conduct a thorough inquiry to determine if the waiver was freely and intelligently made.” State v. T.G., 800 So.2d 204, 210-11 (Fla. 2001).

2005If a juvenile chooses to waive his right to counsel, "the court must conduct a thorough inquiry to determine if the waiver was freely and intelligently made." State v. T.G., 800 So.2d 204, 210-11 (Fla. 2001).

22
Butler v. Stategreen
fla · 2003 · cited in 1 Florida opinions naming this issue, 2016–2016
1 sentence

2016See Butler v. State, 838 So.2d 554, 555-56 (Fla.2003) (“Because the Legislature does not intend to enact purposeless or useless laws, the primary rule of statutory interpretation is to harmonize related statutes so that each is given effect.” (citation omitted)).

11
Price v. Stategreen
fladistctapp · 2002 · cited in 1 Florida opinions naming this issue, 2013–2013
1 sentence

2013See State v. Hamilton, 448 So.2d 1007, 1008 (Fla. 1984) (holding that when an appointed attorney advises the trial court that he has reason to believe that his client is incompetent to stand trial and requests the appointment of a defense expert under rule 3.216(a), the threshold requirements of the rule are satisfied, and court-appointment of the expert is mandatory); Price v. State, 816 So.2d 738, 740 (Fla. 3d DCA 2002).

11
KEN v. Stategreen
fladistctapp · 2005 · cited in 1 Florida opinions naming this issue, 2008–2008
1 sentence

2008This rule "contains specific guidelines to ensure that the substantive right of a juvenile to counsel is protected." K.E.N. v. State, 892 So.2d 1176, 1179 (Fla. 5th DCA 2005).

11
Jones v. Klohrgreen
fla · 1975 · cited in 1 Florida opinions naming this issue, 1978–1978
1 sentence

1978Our reading of the general provisions of Section 120.57 are consistent with the more specific provisions of Section 323.07, Florida Statutes (1975): The Commission may prescribe qualifications for the appointment of hearing examiners and the procedure before hearing examiners, provided, however, that the commission shall not be bound by the findings of fact or conclusions of law of such hearing examiners, and shall have authority to take additional testimony and evidence, and to grant and hear oral arguments and rehearings in all cases. [Emphasis added.] This section reflects the Legislature's

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (1)

CaseCitedYears
JMB v. State green
fladistctapp · 2001
2 sentences

2005See M.M.K. v. State, 821 So.2d 415 (Fla. 2d DCA 2002); J.M.B. v. State, 800 So.2d 317 (Fla. 2d DCA 2001).

2005See M.M.K. v. State, 821 So.2d 415 (Fla. 2d DCA 2002); J.M.B. v. State, 800 So.2d 317 (Fla. 2d DCA 2001).

22005–2005

Where else courts name it

CA 13 (1950–2025) PA 12 (1980–2025) FL 9 (1978–2016) IN 9 (1881–2018) MI 9 (1978–2021) IL 8 (1978–2022) OH 8 (1997–2022) TX 7 (1978–2023) MD 7 (1981–2025) AL 4 (1917–2010) MN 3 (1988–2017) TN 3 (1980–2013) KS 3 (2021–2026) WA 3 (1990–2007) WY 2 (2023–2023) CO 2 (1986–2014) NY 2 (1981–2001) OR 2 (2010–2015) WI 2 (1970–2006) LA 2 (1985–2016) KY 2 (1937–1995)

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