circumstances surrounding waiver (Rhode Island) · Go Syfert
← Rhode Island issues

circumstances surrounding waiver in Rhode Island

8 Rhode Island opinions name it 2 courts 1987–2019 0 in the last five years

The cases below were cited by Rhode Island 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. Campbellgreen
ri · 1997 · cited in 4 Rhode Island opinions naming this issue, 1997–2011
2 sentences

2003“It is well-settled that ‘the validity of a juvenile’s waiver of his or her rights should be evaluated in light of the totality of the circumstances surrounding that waiver.’ ” Id. at 1184 (quoting State v. Campbell, 691 A.2d 564, 567 (R.I.1997)).

1999It is well-settled that “the validity of a juvenile’s waiver of his or her rights should be evaluated in light of the totality of the circumstances surrounding that waiver.” Campbell, 691 A.2d at 567 (quoting In re Kean, 520 A.2d 1271, 1276 (R.I.1987)).

34
In Re Keangreen
ri · 1987 · cited in 2 Rhode Island opinions naming this issue, 1997–1999
2 sentences

1999It is well-settled that “the validity of a juvenile’s waiver of his or her rights should be evaluated in light of the totality of the circumstances surrounding that waiver.” Campbell, 691 A.2d at 567 (quoting In re Kean, 520 A.2d 1271, 1276 (R.I.1987)).

1997It is well settled that “the validity of a juvenile’s waiver of his or her rights should be evaluated in light of the totality of the circumstances surrounding that waiver.” State v. Campbell, 691 A.2d 564, 567 (R.I.1997) (quoting In re Kean, 520 A.2d 1271, 1276 (R.I.1987)).

22
Fare v. Michael C.green
scotus · 1979 · cited in 2 Rhode Island opinions naming this issue, 1997–1999
2 sentences

1999Such an evaluation conforms to the directive of the Supreme Court of the United States in Fare v. Michael C., 442 U.S. 707, 725 , 99 S.Ct. 2560, 2572 , 61 L.Ed.2d 197, 212 (1979).

1999Such an evaluation conforms to the directive of the Supreme Court of the United States in Fare v. Michael C., 442 U.S. 707, 725 , 99 S.Ct. 2560, 2572 , 61 L.Ed.2d 197, 212 (1979).

22
In Re Joseph B.green
ri · 2003 · cited in 1 Rhode Island opinions naming this issue, 2011–2011
1 sentence

2011For that reason “[i]t is well-settled that ‘the validity of a juvenile’s waiver of his or her rights should be evaluated in light of the totality of the circumstances surrounding that waiver.’” In re Joseph B., 822 A.2d 172, 174 (R.I.2003) (quoting State v. Kryla, 742 A.2d 1178, 1184 (R.I.1999)).

11
State v. Krylagreen
ri · 1999 · cited in 1 Rhode Island opinions naming this issue, 2011–2011
2 sentences

2011For that reason “[i]t is well-settled that ‘the validity of a juvenile’s waiver of his or her rights should be evaluated in light of the totality of the circumstances surrounding that waiver.’” In re Joseph B., 822 A.2d 172, 174 (R.I.2003) (quoting State v. Kryla, 742 A.2d 1178, 1184 (R.I.1999)).

2011There, this Court observed: “the totality-of-the-circumstances test requires consideration of all of the circumstances surrounding the interrogation of a juvenile suspect, including the juvenile’s age, experience, education, and intelligence, his or her capacity to understand the Miranda warnings and the consequences of waiver, and the presence of a parent, a guardian, or an interested adult.” Id. (quoting State v. Campbell 691 A.2d 564, 567 (R.I.1997)).

11
State v. Pachecogreen
ri · 1984 · cited in 1 Rhode Island opinions naming this issue, 2007–2007
1 sentence

2007See State v. Pacheco, 481 A.2d 1009, 1016 (R.I.1984) (defendant’s statement to police in which he attempted to exculpate himself from the crime was a factor to consider in evaluating the totality of the circumstances surrounding the waiver of rights).

11
In Re Frances J.green
ri · 1983 · cited in 1 Rhode Island opinions naming this issue, 1987–1987
1 sentence

1987Id. at 1176. *1276 Presented as we now are with a fact pattern in which the juvenile’s parents were not present at the time of waiver, we adopt the rationale expressed by the majority of jurisdictions and hold that the validity of a juvenile’s waiver of his or her rights should be evaluated in light of the totality of the circumstances surrounding that waiver, and that the presence or absence of a parent or interested adult is but one factor to be considered in reaching that determination.

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (3)

CaseCitedYears
Hennessy v. City of Melrose green
ca1 · 1999
1 sentence

2019Hennessy v. City of Melrose , 194 F.3d 237 , 250 (1st Cir. 1999).

12019–2019
State v. Nardolillo green
ri · 1997
1 sentence

2003“It is well-settled that ‘the validity of a juvenile’s waiver of his or her rights should be evaluated in light of the totality of the circumstances surrounding that waiver.’ ” Id. at 1184 (quoting State v. Campbell, 691 A.2d 564, 567 (R.I.1997)).

12003–2003
State v. Leuthavone green
ri · 1994
1 sentence

2001State v. Leuthavone, 640 A.2d 515 , 519 (R.I. 1994).

12001–2001

Where else courts name it

CA 62 (1944–2026) NM 54 (2001–2026) OH 38 (1993–2025) AR 37 (1986–2025) NY 33 (1903–2024) CT 30 (1958–2017) IL 23 (1969–2025) FL 18 (1933–2025) PA 18 (1912–2025) MA 13 (1994–2020) WY 9 (1996–2026) TN 9 (1993–2014) AL 9 (1987–2018) KS 8 (1978–2026) RI 8 (1987–2019) IA 8 (1984–2022) IN 7 (1998–2019) TX 7 (1979–2022) NJ 5 (1991–2025) SC 4 (1977–2022) WA 4 (1968–2017) SD 3 (1990–2017) WV 3 (1995–2024) WI 3 (2006–2019) VA 3 (1986–2001) AK 3 (1977–2025) LA 2 (1977–2009) MI 2 (2015–2018) GA 2 (1977–1998) NH 2 (1994–2012) AZ 2 (1978–1985) ID 2 (2001–2004) MS 2 (1983–2019)

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