person seeking waiver (Florida) · Go Syfert
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person seeking waiver in Florida

6 Florida opinions name it 2 courts 2001–2021 1 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.

Followed or applied (7)

CaseFollowedCited
Slawson v. Stategreen
fla · 2001 · cited in 4 Florida opinions naming this issue, 2004–2021
2 sentences

2021Trease v. State, 41 So. 3d 119, 124 (Fla. 2010) (citing Alston v. State, 894 So. 2d 46, 57 (Fla. 2004)). “[T]he relevant test for competency in the context of waiving collateral counsel and collateral proceedings in Florida is whether - 10 - the person seeking waiver has the capacity to ‘understand[ ] the consequences of waiving collateral counsel and proceedings.’ ” Slawson v. State, 796 So. 2d 491, 502 (Fla. 2001) (alteration in original) (quoting Durocher, 623 So. 2d at 485 )).

2010Further, "the relevant *125 test for competency in the context of waiving collateral counsel and collateral proceedings in Florida is whether the person seeking waiver has the capacity to `understand[ ] the consequences of waiving collateral counsel and proceedings.'" Slawson, 796 So.2d at 502 (quoting Durocher, 623 So.2d at 485 ).

14
Trease v. Stategreen
fla · 2010 · cited in 1 Florida opinions naming this issue, 2021–2021
1 sentence

2021Trease v. State, 41 So. 3d 119, 124 (Fla. 2010) (citing Alston v. State, 894 So. 2d 46, 57 (Fla. 2004)). “[T]he relevant test for competency in the context of waiving collateral counsel and collateral proceedings in Florida is whether - 10 - the person seeking waiver has the capacity to ‘understand[ ] the consequences of waiving collateral counsel and proceedings.’ ” Slawson v. State, 796 So. 2d 491, 502 (Fla. 2001) (alteration in original) (quoting Durocher, 623 So. 2d at 485 )).

11
Alston v. Stategreen
fla · 2004 · cited in 1 Florida opinions naming this issue, 2021–2021
1 sentence

2021Trease v. State, 41 So. 3d 119, 124 (Fla. 2010) (citing Alston v. State, 894 So. 2d 46, 57 (Fla. 2004)). “[T]he relevant test for competency in the context of waiving collateral counsel and collateral proceedings in Florida is whether - 10 - the person seeking waiver has the capacity to ‘understand[ ] the consequences of waiving collateral counsel and proceedings.’ ” Slawson v. State, 796 So. 2d 491, 502 (Fla. 2001) (alteration in original) (quoting Durocher, 623 So. 2d at 485 )).

11
Knauer v. Barnettgreen
fla · 1978 · cited in 1 Florida opinions naming this issue, 2010–2010
1 sentence

2010See In re Adoption of Baby James Doe, 572 So.2d 986, 988 (Fla. 1st DCA 1990) (quoting Knauer v. Barnett, 360 So.2d 399, 403 (Fla.1978)); see also Smith v. Wise, 234 So.2d 145, 146 (Fla. 3d DCA 1970) (“A child conceived in wedlock, but born after termination of the marriage is legitimate.”).

11
Smith v. Wisegreen
fladistctapp · 1970 · cited in 1 Florida opinions naming this issue, 2010–2010
1 sentence

2010See In re Adoption of Baby James Doe, 572 So.2d 986, 988 (Fla. 1st DCA 1990) (quoting Knauer v. Barnett, 360 So.2d 399, 403 (Fla.1978)); see also Smith v. Wise, 234 So.2d 145, 146 (Fla. 3d DCA 1970) (“A child conceived in wedlock, but born after termination of the marriage is legitimate.”).

11
Graves v. Blassergreen
fladistctapp · 1990 · cited in 1 Florida opinions naming this issue, 2010–2010
1 sentence

2010See In re Adoption of Baby James Doe, 572 So.2d 986, 988 (Fla. 1st DCA 1990) (quoting Knauer v. Barnett, 360 So.2d 399, 403 (Fla.1978)); see also Smith v. Wise, 234 So.2d 145, 146 (Fla. 3d DCA 1970) (“A child conceived in wedlock, but born after termination of the marriage is legitimate.”).

11
Johnston v. Stategreen
fla · 1986 · cited in 1 Florida opinions naming this issue, 2004–2004
1 sentence

2004Later, in Slawson, 796 So.2d at 502 , this Court stated that Durocher "established that the relevant test for competency in the context of waiving collateral counsel and collateral proceedings in Florida is whether the person seeking waiver has the capacity to `understand[] the consequences of waiving collateral counsel and proceedings.'" Additionally, in Johnston v. State, 497 So.2d 863, 868 (Fla.1986), this Court stated that in determining whether a defendant has knowingly and intelligently waived his right to counsel, a trial court should inquire into, among other things, the defendant's ag

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (1)

CaseCitedYears
Durocher v. Singletary green
fla · 1993
2 sentences

2021Trease v. State, 41 So. 3d 119, 124 (Fla. 2010) (citing Alston v. State, 894 So. 2d 46, 57 (Fla. 2004)). “[T]he relevant test for competency in the context of waiving collateral counsel and collateral proceedings in Florida is whether - 10 - the person seeking waiver has the capacity to ‘understand[ ] the consequences of waiving collateral counsel and proceedings.’ ” Slawson v. State, 796 So. 2d 491, 502 (Fla. 2001) (alteration in original) (quoting Durocher, 623 So. 2d at 485 )).

2010Further, "the relevant *125 test for competency in the context of waiving collateral counsel and collateral proceedings in Florida is whether the person seeking waiver has the capacity to `understand[ ] the consequences of waiving collateral counsel and proceedings.'" Slawson, 796 So.2d at 502 (quoting Durocher, 623 So.2d at 485 ).

42001–2021

Where else courts name it

TX 18 (1989–2019) FL 6 (2001–2021) WI 5 (1987–2021) IL 4 (1981–1985) NH 4 (1985–2017) CA 4 (1969–2019) IN 3 (1981–1995) AZ 3 (1979–1982) OH 3 (2021–2025) VT 2 (2002–2021) CO 2 (1989–2008) TN 2 (2015–2018) MA 2 (1988–1998) WV 2 (1991–2011) SC 2 (2017–2018)

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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