knowledgeable waiver (Mississippi) · Go Syfert
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knowledgeable waiver in Mississippi

9 Mississippi opinions name it 2 courts 1983–2010 0 in the last five years

The cases below were cited by Mississippi 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
Penick v. Stategreen
miss · 1983 · cited in 4 Mississippi opinions naming this issue, 1991–2010
2 sentences

1991In Penick v. State, 440 So.2d 547, 551 (Miss. 1983), this Court held that when a search is based on consent alone, it must be accompanied by a knowledgeable waiver of rights.

1991Penick held that in the absence of a knowledgeable waiver, such search violated section 23 of the state constitution. [4] Penick, 440 So.2d at 551 .

34
Metcalf v. Stategreen
miss · 1993 · cited in 3 Mississippi opinions naming this issue, 1994–1997
2 sentences

1997Yes, I'm aware that it was required by this conspiracy plan. *284 The language in Metcalf v. State, 629 So.2d 558 (Miss. 1993), that defense counsel is in the best position to determine if the defendant has executed a knowledgeable waiver of counsel, is particularly applicable to this case.

1997The language in Metcalf v. State, 629 So.2d 558 (Miss. 1993), that defense counsel is in the best position to determine if the defendant has executed a knowledgeable waiver of counsel, is particularly applicable to this case.

33
Curlee v. Stategreen
miss · 1983 · cited in 1 Mississippi opinions naming this issue, 1993–1993
1 sentence

1993Accord Curlee v. State, 437 So.2d 1, 2 (Miss. 1983).

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (1)

CaseCitedYears
Matthews v. State green
miss · 1981
2 sentences

1993This Court decided that the appointed attorney "was in the best position to know whether or not she executed a knowledgeable waiver of counsel and was mentally competent to do so ..." Id.

1983We are of the opinion that the trial judge who observed and talked with Matthews prior to trial and for four days during the trial, was in the best position to know whether or not she executed a knowledgeable waiver of counsel and was mentally competent to do so and that he did not err in overruling the motion for a new trial. 394 So.2d at 311 .

21983–1993

Statutes the citing opinions construe

MS § Miss. Code Ann. § 63-11-30 (3) MS § Miss. Code Ann. § 99-13-11 (3)

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

MS 9 (1983–2010) CA 8 (1969–2013) WA 3 (2015–2020) DC 3 (1970–1992) AR 3 (2001–2004) CT 3 (1993–2010) CO 2 (1967–1967) NJ 2 (1971–1991) TX 2 (1973–1991) OR 2 (1986–1986) GA 2 (1983–1988) LA 2 (1981–1982) MN 2 (1979–1982)

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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