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6 Florida opinions name it 2 courts 1994–2024 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.
| Case | Followed | Cited |
|---|---|---|
Sinkfield v. Stategreen2 sentences2024See Walker, 149 So. 3d at 171 (defense counsel’s statement to the court that “both the prosecutor and defense counsel agreed the case should be set for non-jury trial” did not constitute a valid oral waiver); Sinkfield, 681 So. 2d at 839 (defense counsel’s statement to the court that the defendant “agreed to go non-jury” was not a valid oral waiver). 2014Further, “[counsel’s statement to the court that [defendant] ‘agreed to go non-jury’ [is] not a valid oral waiver of [a defendant’s] right to jury trial in the absence of the court’s requisite inquiry of the [defendant] and its findings on the record that [the defendant] voluntarily, knowingly and intelligently agreed with the waiver or acquiesced in his counsel’s statement.” Sinkfield, 681 So.2d at 839 (citations omitted). | 2 | 2 |
Tucker v. Stategreen2 sentences2024To obtain a valid oral waiver of a defendant’s right to jury trial, the trial court “must conduct a colloquy that ‘will focus a defendant’s attention on the value of a jury trial and . . . make a defendant aware of the likely consequences of the waiver.’” Morris v. State, 680 So. 2d 544, 545 (Fla. 1st DCA 1996) (quoting Tucker v. State, 559 So. 2d 218, 220 (Fla. 1990)). 2010An appropriate inquiry “will focus a defendant’s attention on the value of a jury trial and should make a defendant aware of the likely consequence of the waiver.” Blair v. State, 698 So.2d 1210, 1214 (Fla.1997) (citing Tucker, 559 So.2d at 220 ). | 1 | 2 |
Morris v. Stategreen1 sentence2024To obtain a valid oral waiver of a defendant’s right to jury trial, the trial court “must conduct a colloquy that ‘will focus a defendant’s attention on the value of a jury trial and . . . make a defendant aware of the likely consequences of the waiver.’” Morris v. State, 680 So. 2d 544, 545 (Fla. 1st DCA 1996) (quoting Tucker v. State, 559 So. 2d 218, 220 (Fla. 1990)). | 1 | 1 |
Gerald Walker v. Stategreen2 sentences2024See Walker, 149 So. 3d at 171 (defense counsel’s statement to the court that “both the prosecutor and defense counsel agreed the case should be set for non-jury trial” did not constitute a valid oral waiver); Sinkfield, 681 So. 2d at 839 (defense counsel’s statement to the court that the defendant “agreed to go non-jury” was not a valid oral waiver). 2024See Walker, 149 So. 3d at 171 (defense counsel’s statement to the court that “both the prosecutor and defense counsel agreed the case should be set for non-jury trial” did not constitute a valid oral waiver); Sinkfield, 681 So. 2d at 839 (defense counsel’s statement to the court that the defendant “agreed to go non-jury” was not a valid oral waiver). | 1 | 1 |
Sansom v. Stategreen1 sentence2014See, e.g., Racine v. State, 16 So.3d 955, 956-57 (Fla. 5th DCA 2009) (reversing battery convictions where state conceded error and record did not contain a written waiver or evidence of a valid oral waiver of jury trial); Babb v. State, 736 So.2d 35, 36 (Fla. 4th DCA 1999) (“The absence from the record of a valid waiver of Babb’s right to jury trial ... requires that we reverse the judgment and sentence ... and remand for a new trial.”); Sansom v. State, 642 So.2d 631, 632 (Fla. 1st DCA 1994) (finding that conviction for grand théft “must” be reversed where the record contained no *172 valid w | 1 | 1 |
Racine v. Stategreen1 sentence2014See, e.g., Racine v. State, 16 So.3d 955, 956-57 (Fla. 5th DCA 2009) (reversing battery convictions where state conceded error and record did not contain a written waiver or evidence of a valid oral waiver of jury trial); Babb v. State, 736 So.2d 35, 36 (Fla. 4th DCA 1999) (“The absence from the record of a valid waiver of Babb’s right to jury trial ... requires that we reverse the judgment and sentence ... and remand for a new trial.”); Sansom v. State, 642 So.2d 631, 632 (Fla. 1st DCA 1994) (finding that conviction for grand théft “must” be reversed where the record contained no *172 valid w | 1 | 1 |
Babb v. Stategreen1 sentence2014See, e.g., Racine v. State, 16 So.3d 955, 956-57 (Fla. 5th DCA 2009) (reversing battery convictions where state conceded error and record did not contain a written waiver or evidence of a valid oral waiver of jury trial); Babb v. State, 736 So.2d 35, 36 (Fla. 4th DCA 1999) (“The absence from the record of a valid waiver of Babb’s right to jury trial ... requires that we reverse the judgment and sentence ... and remand for a new trial.”); Sansom v. State, 642 So.2d 631, 632 (Fla. 1st DCA 1994) (finding that conviction for grand théft “must” be reversed where the record contained no *172 valid w | 1 | 1 |
Blair v. Stategreen1 sentence2010An appropriate inquiry “will focus a defendant’s attention on the value of a jury trial and should make a defendant aware of the likely consequence of the waiver.” Blair v. State, 698 So.2d 1210, 1214 (Fla.1997) (citing Tucker, 559 So.2d at 220 ). | 1 | 1 |
Tosta v. Stategreen1 sentence1996State v. Upton, 658 So.2d 86 (Fla.1995); see also Tosta v. State, 352 So.2d 526 (Fla. 4th DCA 1977) cert. denied, 366 So.2d 885 (Fla. 1978). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Johnson v. State
green
1 sentence2008Id. at 476-77 . | 1 | 2008–2008 |
State v. Upton
green
1 sentence1996State v. Upton, 658 So.2d 86 (Fla.1995); see also Tosta v. State, 352 So.2d 526 (Fla. 4th DCA 1977) cert. denied, 366 So.2d 885 (Fla. 1978). | 1 | 1996–1996 |
Otis v. State
green
1 sentence1994See Tucker v. State, 569 So.2d 218 (Fla.1990); Otis v. State, 444 So.2d 1177 (Fla. 2d DCA 1984). | 1 | 1994–1994 |
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.