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6 Florida opinions name it 2 courts 1965–2017 0 in the last five years
The cases below were cited by Florida 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 |
|---|---|---|
Hill v. Stategreen1 sentence2017“Rule 3.111(d)(2) precludes a trial court from finding a valid waiver ‘until the entire process of offering counsel has been completed and a thorough inquiry has been made into both the accused’s comprehension of that offer and the accused’s capacity to-make an intelligent and understanding waiver.’ ” Hill v. State, 688 So.2d 901, 904 (Fla. 1996) (quoting Fla. R. | 1 | 1 |
State v. Beachgreen1 sentence2008Fourth and finally, this Court held in Beach —post- Parke —that "[a]bsent such evidence in the record of the trial court's prior proceedings, waiver cannot be presumed. " Beach, 592 So.2d at 239 (addressing a collateral challenge to a prior DUI conviction) (emphasis supplied). | 1 | 1 |
State v. Younggreen1 sentence1997State v. Young, 626 So.2d 655, 656 (Fla.1993). | 1 | 1 |
RVP v. Stategreen1 sentence1981See R.V.P. v. State, 395 So.2d 291 (Fla. 5th DCA 1981). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Faretta v. California
green
2 sentences1997Florida Rule of Criminal Procedure 3.111(d)(2) states that no waiver of the right to counsel shall be accepted until a “thorough inquiry has been made into ... the accused’s capacity to make an intelligent and understanding waiver”; and rule 3.111(d)(3) requires that, in determining whether the accused possesses the “capacity to make an intelligent and understanding waiver,” the trial court must inquire about such matters as the accused’s “mental condition, age, education, experience [and] the nature or complexity of the case.” This rule was adopted “[t]o implement” the decision in Faretta v. 1997Florida Rule of Criminal Procedure 3.111(d)(2) states that no waiver of the right to counsel shall be accepted until a “thorough inquiry has been made into ... the accused’s capacity to make an intelligent and understanding waiver”; and rule 3.111(d)(3) requires that, in determining whether the accused possesses the “capacity to make an intelligent and understanding waiver,” the trial court must inquire about such matters as the accused’s “mental condition, age, education, experience [and] the nature or complexity of the case.” This rule was adopted “[t]o implement” the decision in Faretta v. | 1 | 1997–1997 |
Jones v. State
green
1 sentence1993In Jones v. State, 449 So.2d 253 (Fla.), cert. denied, 469 U.S. 893 , 105 S.Ct. 269 , 83 L.Ed.2d 205 (1984), this Court affirmed the convictions of a criminal defendant who had represented himself at trial. | 1 | 1993–1993 |
Williford v. United States
green
1 sentence1993In Jones v. State, 449 So.2d 253 (Fla.), cert. denied, 469 U.S. 893 , 105 S.Ct. 269 , 83 L.Ed.2d 205 (1984), this Court affirmed the convictions of a criminal defendant who had represented himself at trial. | 1 | 1993–1993 |
Lane v. Brown
green
2 sentences1965In Lane v. Brown, 1963, 372 U.S. 477 , 83 S.Ct. 768 , 9 L.Ed.2d 892 , the court held that the court-appointed public defender may not refuse to take an appeal requested by an insolvent and in Fay v. Noia, 1963, 372 U.S. 391 , 83 S.Ct. 822 , 9 L.Ed.2d 837 , the court held that an insolvent's right to appeal continues to exist unless there is an intelligent and understanding waiver of that right. 1965In Lane v. Brown, 1963, 372 U.S. 477 , 83 S.Ct. 768 , 9 L.Ed.2d 892 , the court held that the court-appointed public defender may not refuse to take an appeal requested by an insolvent and in Fay v. Noia, 1963, 372 U.S. 391 , 83 S.Ct. 822 , 9 L.Ed.2d 837 , the court held that an insolvent's right to appeal continues to exist unless there is an intelligent and understanding waiver of that right. | 1 | 1965–1965 |
Draper v. Washington
green
2 sentences1965In Draper v. State of Washington, 1963, 372 U.S. 487 , 83 S.Ct. 774 , 9 L.Ed.2d 899 , the Supreme Court held that the trial court could not deny an indigent's request for a transcript of record without cost to him on a finding that an appeal would be frivolous. 1965In Draper v. State of Washington, 1963, 372 U.S. 487 , 83 S.Ct. 774 , 9 L.Ed.2d 899 , the Supreme Court held that the trial court could not deny an indigent's request for a transcript of record without cost to him on a finding that an appeal would be frivolous. | 1 | 1965–1965 |
Fay v. Noia
red
2 sentences1965In Lane v. Brown, 1963, 372 U.S. 477 , 83 S.Ct. 768 , 9 L.Ed.2d 892 , the court held that the court-appointed public defender may not refuse to take an appeal requested by an insolvent and in Fay v. Noia, 1963, 372 U.S. 391 , 83 S.Ct. 822 , 9 L.Ed.2d 837 , the court held that an insolvent's right to appeal continues to exist unless there is an intelligent and understanding waiver of that right. 1965In Lane v. Brown, 1963, 372 U.S. 477 , 83 S.Ct. 768 , 9 L.Ed.2d 892 , the court held that the court-appointed public defender may not refuse to take an appeal requested by an insolvent and in Fay v. Noia, 1963, 372 U.S. 391 , 83 S.Ct. 822 , 9 L.Ed.2d 837 , the court held that an insolvent's right to appeal continues to exist unless there is an intelligent and understanding waiver of that right. | 1 | 1965–1965 |
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.