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6 Iowa opinions name it 1 courts 1966–2022 1 in the last five years
The cases below were cited by Iowa 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 |
|---|---|---|
Johnson v. Zerbstred2 sentences2013The determination of whether there has been an intelligent waiver of right to counsel must depend, in each case, upon the particular facts and circumstances surrounding that case, including the background, experience, and conduct of the accused. 304 U.S. 458, 464 , 58 S.Ct. 1019, 1023 , 68 L.Ed. 1461 , 1466 (1938) (footnotes omitted); see also State v. Hilpipre, 242 N.W.2d 306, 309 (Iowa 1976) (“It is well settled an individual may legally waive his or her constitutional rights. 2013The determination of whether there has been an intelligent waiver of right to counsel must depend, in each case, upon the particular facts and circumstances surrounding that case, including the background, experience, and conduct of the accused. 304 U.S. 458, 464 , 58 S.Ct. 1019, 1023 , 68 L.Ed. 1461 , 1466 (1938) (footnotes omitted); see also State v. Hilpipre, 242 N.W.2d 306, 309 (Iowa 1976) (“It is well settled an individual may legally waive his or her constitutional rights. | 2 | 3 |
State v. Hilpipregreen2 sentences2013The determination of whether there has been an intelligent waiver of right to counsel must depend, in each case, upon the particular facts and circumstances surrounding that case, including the background, experience, and conduct of the accused. 304 U.S. 458, 464 , 58 S.Ct. 1019, 1023 , 68 L.Ed. 1461 , 1466 (1938) (footnotes omitted); see also State v. Hilpipre, 242 N.W.2d 306, 309 (Iowa 1976) (“It is well settled an individual may legally waive his or her constitutional rights. 2013The determination of whether there has been an intelligent waiver of right to counsel must depend, in each case, upon the particular facts and circumstances surrounding that case, including the background, experience, and conduct of the accused. 304 U.S. 458, 464 , 58 S. Ct. 1019, 1023 , 68 L. Ed. 1461 , 1466 (1938) (footnotes omitted); see also State v. Hilpipre, 242 N.W.2d 306, 309 (Iowa 1976) (“It is well settled an individual may legally waive his or her constitutional rights. | 2 | 2 |
Aetna Insurance v. Kennedy Ex Rel. Bogashgreen1 sentence2022It has both subjective (knowledge) and objective (reasonable under the circumstances) components. 46Id. at 463 (“The Sixth Amendment withholds from federal courts, in all criminal proceedings, the power and authority to deprive an accused of his life or liberty unless he has or waives the assistance of counsel.” (footnote omitted)). 47Id. at 464. 48Id.(first quoting Aetna Ins. v. Kennedy to Use of Bogash, 301 U.S. 389, 393 (1937), second quoting Ohio Bell Tel. | 1 | 1 |
Escobedo v. Illinoisgreen2 sentences1966Griffin v. State of California, 380 U.S. 609 , 85 S.Ct. 1229 , 14 L.Ed.2d 106 ; *178 Escobedo v. State of Illinois, supra, 378 U. S. at 491, 84 S.Ct. at 1765; Malloy v. Hogan, 378 U.S. 1 , 84 S.Ct. 1489 , 12 L.Ed.2d 653 ; Watts v. State of Indiana, 338 U.S. 49 , 69 S.Ct. 1347 , 93 L.Ed. 1801 ; United States ex rel. 1966Griffin v. State of California, 380 U.S. 609 , 85 S.Ct. 1229 , 14 L.Ed.2d 106 ; *178 Escobedo v. State of Illinois, supra, 378 U. S. at 491, 84 S.Ct. at 1765; Malloy v. Hogan, 378 U.S. 1 , 84 S.Ct. 1489 , 12 L.Ed.2d 653 ; Watts v. State of Indiana, 338 U.S. 49 , 69 S.Ct. 1347 , 93 L.Ed. 1801 ; United States ex rel. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Iowa. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Claude Franklin Moore v. United States
green
2 sentences1969A short opinion of the United States Court of Appeals (9 Cir.), Moore v. U. S., 401 F.2d 533 fits our situation exactly: "Miranda v. State of Arizona, 384 U.S. 436 , 86 S.Ct. 1602 , 16 L.Ed.2d 694 (1966), requires the government to show not only that the accused was effectively informed of his privilege against self-incrimination and his right to the assistance of counsel, but also that the accused knowingly and intelligently waived these rights. 1969A short opinion of the United States Court of Appeals (9 Cir.), Moore v. U. S., 401 F.2d 533 fits our situation exactly: “Miranda v. State of Arizona, 384 U.S. 436 , 86 S.Ct. 1602 , 16 L.Ed.2d 694 (1966), requires the government to show not only that the accused was effectively informed of his privilege against self-incrimination and his right to the assistance of counsel, but also that the accused knowingly and intelligently waived these rights. | 1 | 1969–1969 |
Miranda v. Arizona
green
2 sentences1969A short opinion of the United States Court of Appeals (9 Cir.), Moore v. U. S., 401 F.2d 533 fits our situation exactly: “Miranda v. State of Arizona, 384 U.S. 436 , 86 S.Ct. 1602 , 16 L.Ed.2d 694 (1966), requires the government to show not only that the accused was effectively informed of his privilege against self-incrimination and his right to the assistance of counsel, but also that the accused knowingly and intelligently waived these rights. 1969A short opinion of the United States Court of Appeals (9 Cir.), Moore v. U. S., 401 F.2d 533 fits our situation exactly: “Miranda v. State of Arizona, 384 U.S. 436 , 86 S.Ct. 1602 , 16 L.Ed.2d 694 (1966), requires the government to show not only that the accused was effectively informed of his privilege against self-incrimination and his right to the assistance of counsel, but also that the accused knowingly and intelligently waived these rights. | 1 | 1969–1969 |
Watts v. Indiana
green
2 sentences1966Griffin v. State of California, 380 U.S. 609 , 85 S.Ct. 1229 , 14 L.Ed.2d 106 ; *178 Escobedo v. State of Illinois, supra, 378 U. S. at 491, 84 S.Ct. at 1765; Malloy v. Hogan, 378 U.S. 1 , 84 S.Ct. 1489 , 12 L.Ed.2d 653 ; Watts v. State of Indiana, 338 U.S. 49 , 69 S.Ct. 1347 , 93 L.Ed. 1801 ; United States ex rel. 1966Griffin v. State of California, 380 U.S. 609 , 85 S.Ct. 1229 , 14 L.Ed.2d 106 ; *178 Escobedo v. State of Illinois, supra, 378 U. S. at 491, 84 S.Ct. at 1765; Malloy v. Hogan, 378 U.S. 1 , 84 S.Ct. 1489 , 12 L.Ed.2d 653 ; Watts v. State of Indiana, 338 U.S. 49 , 69 S.Ct. 1347 , 93 L.Ed. 1801 ; United States ex rel. | 1 | 1966–1966 |
Malloy v. Hogan
green
2 sentences1966Griffin v. State of California, 380 U.S. 609 , 85 S.Ct. 1229 , 14 L.Ed.2d 106 ; *178 Escobedo v. State of Illinois, supra, 378 U. S. at 491, 84 S.Ct. at 1765; Malloy v. Hogan, 378 U.S. 1 , 84 S.Ct. 1489 , 12 L.Ed.2d 653 ; Watts v. State of Indiana, 338 U.S. 49 , 69 S.Ct. 1347 , 93 L.Ed. 1801 ; United States ex rel. 1966Griffin v. State of California, 380 U.S. 609 , 85 S.Ct. 1229 , 14 L.Ed.2d 106 ; *178 Escobedo v. State of Illinois, supra, 378 U. S. at 491, 84 S.Ct. at 1765; Malloy v. Hogan, 378 U.S. 1 , 84 S.Ct. 1489 , 12 L.Ed.2d 653 ; Watts v. State of Indiana, 338 U.S. 49 , 69 S.Ct. 1347 , 93 L.Ed. 1801 ; United States ex rel. | 1 | 1966–1966 |
Griffin v. California
green
2 sentences1966Griffin v. California, 380 U. S. 609 , 85 S. Ct. 1229 , 14 L. 1966Griffin v. California, 380 U. S. 609 , 85 S. Ct. 1229 , 14 L. | 1 | 1966–1966 |
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.