knowing and voluntary waiver (Alaska) · Go Syfert
← Alaska issues

knowing and voluntary waiver in Alaska

6 Alaska opinions name it 2 courts 1987–2020 0 in the last five years

The cases below were cited by Alaska 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
United States v. Bookergreen
scotus · 2004 · cited in 1 Alaska opinions naming this issue, 2020–2020
1 sentence

2020Because Hedrick was not on notice of the aggravator at the time he waived his right to a jury trial, we conclude that his waiver cannot reasonably be interpreted as including a knowing and voluntary waiver of his right to a jury trial on 16 (...continued) ‘statutory maximum’ is not the maximum sentence a judge may impose after finding additional facts, but the maximum he may impose without any additional findings.”). 17 United States v. Booker, 543 U.S. 220, 244 (2005) (reaffirming Apprendi’s holding that “[a]ny fact (other than a prior conviction) which is necessary to support a sentence exce

11
McGlauflin v. Stategreen
alaskactapp · 1993 · cited in 1 Alaska opinions naming this issue, 1998–1998
1 sentence

1998See e.g., Dolchok v. State, 689 P.2d 277 , 286 (Alaska 1982); Walker v. State, 578 P.2d 1388, 1389-91 (Alaska 1978); McGlauflin v. State, 857 P.2d 366, 368-69 (Alaska App.1993).

11
Walker v. Stategreen
alaska · 1978 · cited in 1 Alaska opinions naming this issue, 1998–1998
1 sentence

1998See e.g., Dolchok v. State, 689 P.2d 277 , 286 (Alaska 1982); Walker v. State, 578 P.2d 1388, 1389-91 (Alaska 1978); McGlauflin v. State, 857 P.2d 366, 368-69 (Alaska App.1993).

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (4)

CaseCitedYears
Fuller v. Oregon green
scotus · 1974
1 sentence

1995Id.

11995–1995
Gundersen v. Municipality of Anchorage green
alaska · 1990
1 sentence

1995Gundersen, 792 P.2d at 677 .

11995–1995
Walunga v. State green
alaska · 1980
1 sentence

1993Subsequently, in Walunga v. State, 630 P.2d 527 (Alaska 1981), the supreme court elaborated on the requirement of a knowing and voluntary waiver: Alaska Criminal Rule 23(a) requires that a defendant’s waiver of the right to jury trial be in writing, but it does not on its face require the trial judge to make an *369 inquiry into the circumstances surrounding the ... waiver.

11993–1993
Quick v. State green
alaska · 1979
1 sentence

1987We reasoned that “[t]he mere fact that a person is under the age of majority does not automatically render him incapable of making a knowing and voluntary waiver.” Id.

11987–1987

Where else courts name it

NY 139 (1974–2026) CA 118 (1980–2026) LA 110 (1981–2025) IL 85 (1975–2026) GA 77 (1979–2023) IN 65 (1972–2020) PA 55 (1969–2025) MD 54 (1965–2026) TX 54 (1979–2026) NJ 53 (1988–2026) FL 50 (1978–2025) SC 43 (1992–2025) MS 43 (1984–2025) OH 41 (1989–2026) WA 40 (1977–2025) OR 38 (1978–2026) TN 37 (1993–2026) CT 32 (1972–2025) MA 32 (1973–2024) NC 30 (1977–2024) KS 25 (1992–2026) WI 25 (1979–2026) HI 23 (1992–2025) MO 22 (1980–2023) OK 21 (1982–2023) UT 20 (1989–2024) VA 19 (1991–2024) ID 19 (2000–2022) IA 18 (2002–2024) MI 17 (1982–2025) NM 16 (1981–2020) AR 13 (2002–2015) SD 12 (1987–2019) DC 11 (1978–2024) AL 11 (1972–2013) AZ 11 (1973–2023) DE 10 (1978–2026) KY 9 (1995–2026) NE 9 (1999–2025) MT 8 (1995–2025) NV 7 (1987–2025) WY 7 (1986–2021) VT 7 (1994–2021) AK 6 (1987–2020) RI 6 (1974–2011) MN 6 (1988–2015) ME 5 (1979–2003) NH 5 (2001–2018) CO 4 (1995–2014) ND 4 (1997–2021) WV 3 (1982–1993)

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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