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9 North Carolina opinions name it 2 courts 1964–2022 3 in the last five years
The cases below were cited by North Carolina 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.
| Case | Followed | Cited |
|---|---|---|
Johnson v. Zerbstgreen2 sentences2022The determination of whether there has been an intelligent waiver of the right to counsel must depend, in each case, upon the particular facts and circumstances surrounding that case, including the background, experience, and conduct of the accused.” Johnson v. Zerbst, 304 U.S. 458, 464 (1938), overruled in part on other grounds by Edwards v. Arizona, 451 U.S. 477 (1981). 2022The determination of whether there has been an intelligent waiver of the right to counsel must depend, in each case, upon the particular facts and circumstances surrounding that case, including the background, experience, and conduct of the accused.” Johnson v. Zerbst, 304 U.S. 458, 464 (1938), overruled in part on other grounds by Edwards v. Arizona, 451 U.S. 477 (1981). | 3 | 4 |
| Case | Negative | Cited |
|---|---|---|
Johnny James Blackmon v. Stanley Blackledge, Warden, Central Prison, Raleigh, North Carolinagreen1 sentence1976But see Blackmon v. Blackledge, 541 F. 2d 1070 (1976) where the court held, in a federal habeas corpus proceeding brought by the same defendant after conviction at a subsequent trial, that a waiver of the right to counsel could be inferred in these circumstances. | 1 | 1 |
| Case | Cited | Years |
|---|---|---|
Edwards v. Arizona
green
2 sentences2022The determination of whether there has been an intelligent waiver of the right to counsel must depend, in each case, upon the particular facts and circumstances surrounding that case, including the background, experience, and conduct of the accused.” Johnson v. Zerbst, 304 U.S. 458, 464 (1938), overruled in part on other grounds by Edwards v. Arizona, 451 U.S. 477 (1981). 2022The determination of whether there has been an intelligent waiver of the right to counsel must depend, in each case, upon the particular facts and circumstances surrounding that case, including the background, experience, and conduct of the accused.” Johnson v. Zerbst, 304 U.S. 458, 464 (1938), overruled in part on other grounds by Edwards v. Arizona, 451 U.S. 477 (1981). | 3 | 2022–2022 |
State v. Wallace
green
2 sentences2013The defendant was fully informed of his rights on two occasions within those 40 minutes and he made an intelligent waiver of counsel); State v. Chapman, 343 N.C. 495 , 471 S.E.2d 354 (1996) (There was no unnecessary delay for purposes of Chapter 15A where the defendant was arrested at 9:30 a.m. and taken to a magistrate at 8:00 p.m. where a large part of the time was spent interrogating the defendant); and State v. Wallace, 351 N.C. 481 , 528 S.E.2d 326 (2000) (The defendant was arrested at 5:00 p.m. on 12 March 1994, met with investigators in an interview at 6:43 p.m. that same day, was advis 2013The defendant was fully informed of his rights on two occasions within those 40 minutes and he made an intelligent waiver of counsel); State v. Chapman, 343 N.C. 495 , 471 S.E.2d 354 (1996) (There was no unnecessary delay for purposes of Chapter 15A where the defendant was arrested at 9:30 a.m. and taken to a magistrate at 8:00 p.m. where a large part of the time was spent interrogating the defendant); and State v. Wallace, 351 N.C. 481 , 528 S.E.2d 326 (2000) (The defendant was arrested at 5:00 p.m. on 12 March 1994, met with investigators in an interview at 6:43 p.m. that same day, was advis | 1 | 2013–2013 |
State v. Chapman
green
2 sentences2013The defendant was fully informed of his rights on two occasions within those 40 minutes and he made an intelligent waiver of counsel); State v. Chapman, 343 N.C. 495 , 471 S.E.2d 354 (1996) (There was no unnecessary delay for purposes of Chapter 15A where the defendant was arrested at 9:30 a.m. and taken to a magistrate at 8:00 p.m. where a large part of the time was spent interrogating the defendant); and State v. Wallace, 351 N.C. 481 , 528 S.E.2d 326 (2000) (The defendant was arrested at 5:00 p.m. on 12 March 1994, met with investigators in an interview at 6:43 p.m. that same day, was advis 2013The defendant was fully informed of his rights on two occasions within those 40 minutes and he made an intelligent waiver of counsel); State v. Chapman, 343 N.C. 495 , 471 S.E.2d 354 (1996) (There was no unnecessary delay for purposes of Chapter 15A where the defendant was arrested at 9:30 a.m. and taken to a magistrate at 8:00 p.m. where a large part of the time was spent interrogating the defendant); and State v. Wallace, 351 N.C. 481 , 528 S.E.2d 326 (2000) (The defendant was arrested at 5:00 p.m. on 12 March 1994, met with investigators in an interview at 6:43 p.m. that same day, was advis | 1 | 2013–2013 |
State v. Swift
green
1 sentence1978The requirements of the Blackmon case, however, have been relaxed by State v. Swift, 290 *733 N.C. 383, 226 S.E. 2d 652 (1976). | 1 | 1978–1978 |
State v. Blackmon
green
2 sentences1978Defendant cites State v. Blackmon, 280 N.C. 42 , 185 S.E. 2d 123 (1971), which held that an intelligent waiver of the right to counsel could not be inferred when defendant was given the Miranda warnings, stated that he knew and understood his rights, and failed to request counsel. 1978Defendant cites State v. Blackmon, 280 N.C. 42 , 185 S.E. 2d 123 (1971), which held that an intelligent waiver of the right to counsel could not be inferred when defendant was given the Miranda warnings, stated that he knew and understood his rights, and failed to request counsel. | 1 | 1978–1978 |
State v. Green
green
2 sentences1972App. 234 , 174 S.E. 2d 8 , 277 N.C. 188 , 176 S.E. 2d 756 (1970), it was held that a charge of willful failure to support illegitimate children is not a serious misdemeanor requiring the appointment of counsel or an intelligent waiver thereof under the Sixth and Fourteenth Amendments to the United States Constitution. 1972App. 234 , 174 S.E. 2d 8 , 277 N.C. 188 , 176 S.E. 2d 756 (1970), it was held that a charge of willful failure to support illegitimate children is not a serious misdemeanor requiring the appointment of counsel or an intelligent waiver thereof under the Sixth and Fourteenth Amendments to the United States Constitution. | 1 | 1972–1972 |
State v. Green
neutral
1 sentence1972App. 234 , 174 S.E. 2d 8 , 277 N.C. 188 , 176 S.E. 2d 756 (1970), it was held that a charge of willful failure to support illegitimate children is not a serious misdemeanor requiring the appointment of counsel or an intelligent waiver thereof under the Sixth and Fourteenth Amendments to the United States Constitution. | 1 | 1972–1972 |
Moore v. Michigan
green
2 sentences1964The determination of whether there has been an intelligent waiver of the right to counsel must depend, in each case, upon the particular facts and circumstances surrounding that case, including the background, experience, and conduct of the accused.” In Moore v. Michigan (1957), 355 U.S. 155 , 2 L. 1964The determination of whether there has been an intelligent waiver of the right to counsel must depend, in each case, upon the particular facts and circumstances surrounding that case, including the background, experience, and conduct of the accused.” In Moore v. Michigan (1957), 355 U.S. 155 , 2 L. | 1 | 1964–1964 |
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.
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.