voluntary waiver (Utah) · Go Syfert
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voluntary waiver in Utah

8 Utah opinions name it 2 courts 1969–2012 0 in the last five years

The cases below were cited by Utah 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
Oregon v. Elstadgreen
scotus · 1985 · cited in 2 Utah opinions naming this issue, 2012–2012
2 sentences

2012See Troyer, 910 P.2d at 1187 ("The United States Supreme Court has held that 'a simple failure to administer Miranda warnings is not in itself a violation of the Fifth Amendment." (quoting Oregon v. Elstad, 470 U.S. 298 , 306 n. 1, 105 S.Ct. 1285 , 84 L.Ed.2d 222 (1985))).

2012See Troyer, 910 P.2d at 1187 ("The United States Supreme Court has held that 'a simple failure to administer Miranda warnings is not in itself a violation of the Fifth Amendment." (quoting Oregon v. Elstad, 470 U.S. 298 , 306 n. 1, 105 S.Ct. 1285 , 84 L.Ed.2d 222 (1985))).

22
State v. Troyergreen
utah · 1995 · cited in 2 Utah opinions naming this issue, 2012–2012
2 sentences

2012See Troyer, 910 P.2d at 1187 (“The United States Supreme Court has held that ‘a simple failure to administer Miranda warnings is not in itself a violation of the Fifth Amendment.’” (quoting Oregon v. Elstad, 470 U.S. 298 , 306 n.1 (1985))).

2012See Troyer, 910 P.2d at 1187 ("The United States Supreme Court has held that 'a simple failure to administer Miranda warnings is not in itself a violation of the Fifth Amendment." (quoting Oregon v. Elstad, 470 U.S. 298 , 306 n. 1, 105 S.Ct. 1285 , 84 L.Ed.2d 222 (1985))).

22
Hughes v. Hughesgreen
ohio · 1988 · cited in 1 Utah opinions naming this issue, 1989–1989
1 sentence

1989Id. at 1217 (Wright, J., dissenting).

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (5)

CaseCitedYears
State v. Houston neutral
utahctapp · 2006
2 sentences

2007See id. at ¶¶ 33-36; State v. Houston, 2006 UT App 437, ¶ 10 , 147 P.3d 543 (holding that the trial court's "urg[ing]" defendant to obtain counsel was insufficient to find a voluntary waiver).

2007See id. at ¶¶ 33-36; State v. Houston, 2006 UT App 437, ¶ 10 , 147 P.3d 543 (holding that the trial court's "urg[ing]" defendant to obtain counsel was insufficient to find a voluntary waiver).

12007–2007
State v. Leyva green
utah · 1997
1 sentence

2007Tiedemann also argues that, even if he gave a valid initial waiver, he later unambiguously raised his right to remain silent, and the officers failed to honor that request in violation of his due process rights. ¶ 15 This court addressed the threshold requirements for a valid waiver of Miranda rights and a subsequent invocation of those rights in State v. Leyva, 951 P.2d 738 (Utah 1997).

12007–2007
Hardy v. Morris green
utah · 1981
1 sentence

2005This ruling was consistent with previous holdings, such as Hardy v. Morris, 636 P.2d 473 (Utah 1981), that were overruled by this court’s decision in Tuttle ..

12005–2005
Remer J. Dasher v. Norman Stripling, Probation Officer green
ca11 · 1982
1 sentence

1996So holding, the court erred, for it should have required the defendant to show that he was prejudiced by his absence from the trial.” Id. at 387 .

11996–1996
People v. White green
ny · 1957
2 sentences

1969(As to waiver see 21 Am.Jur.2d Criminal Law, Sec. 219; as to *161 waiver by acquiescence in delay see People v. White, 2 N.Y.2d 220 , 159 N.Y.S.2d 168 , 140 N.E.2d 258 (1957), and cases therein cited.) The issues were determined adversely to the defendant and under traditional rules should not be disturbed.

1969(As to waiver see 21 Am.Jur.2d Criminal Law, Sec. 219; as to *161 waiver by acquiescence in delay see People v. White, 2 N.Y.2d 220 , 159 N.Y.S.2d 168 , 140 N.E.2d 258 (1957), and cases therein cited.) The issues were determined adversely to the defendant and under traditional rules should not be disturbed.

11969–1969

Where else courts name it

NY 45 (1887–2022) PA 42 (1888–2024) TX 40 (1977–2026) WA 40 (1968–2025) CA 38 (1932–2025) MA 37 (1917–2025) FL 33 (1962–2021) CO 32 (1982–2026) SC 28 (1979–2026) GA 22 (1910–2021) IN 22 (1973–2020) ND 21 (1993–2025) IL 21 (1974–2025) MO 19 (1973–2018) LA 19 (1958–2021) OH 19 (1928–2024) MD 18 (1975–2018) AZ 18 (1974–2022) NE 17 (1973–2025) NJ 17 (1969–2026) NM 14 (1969–2019) RI 14 (1996–2019) OR 13 (1979–2025) KS 13 (1976–2024) MN 13 (1961–2026) TN 12 (1999–2026) ID 12 (1977–2025) KY 12 (1972–2024) MS 11 (1984–2014) AL 10 (1953–2017) MI 10 (1970–2020) NC 10 (1972–2023) HI 10 (1904–2015) SD 10 (1977–2019) VA 9 (1991–2024) CT 9 (1988–2022) UT 8 (1969–2012) DC 8 (1976–2015) WI 8 (1987–2023) IA 8 (1977–2023) OK 7 (1923–2013) AR 6 (1892–2014) MT 6 (1922–2021) WV 5 (1912–2016) AK 5 (1980–2006) VT 4 (1993–2016) ME 4 (1970–2003) NH 3 (1983–1991) WY 3 (1937–2025) VI 2 (1998–2011)

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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