intelligent waiver (Kentucky) · Go Syfert
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intelligent waiver in Kentucky

6 Kentucky opinions name it 1 courts 1981–2022 1 in the last five years

The cases below were cited by Kentucky 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 (5)

CaseFollowedCited
Brady v. United Statesgreen
scotus · 1970 · cited in 2 Kentucky opinions naming this issue, 2017–2017
2 sentences

2017See id. at 756 .

2017See id. at 756 .

22
Iowa v. Tovargreen
scotus · 2004 · cited in 1 Kentucky opinions naming this issue, 2022–2022
1 sentence

2022The inquiry will depend on case-specific factors, such as the defendant’s education, experiences, sophistication, the complexity or simplicity of the charges, and the stage of the proceeding for which the defendant seeks to waive counsel. 9 510 S.W.3d at 321 (citing Depp v. Commonwealth, 278 S.W.3d 615, 617 (Ky. 2009) (quoting Iowa v. Tovar, 541 U.S. 77, 88 (2004)); Terry, 295 S.W.3d at 825, n.3 ).

11
Commonwealth v. Terrygreen
ky · 2009 · cited in 1 Kentucky opinions naming this issue, 2022–2022
1 sentence

2022The inquiry will depend on case-specific factors, such as the defendant’s education, experiences, sophistication, the complexity or simplicity of the charges, and the stage of the proceeding for which the defendant seeks to waive counsel. 9 510 S.W.3d at 321 (citing Depp v. Commonwealth, 278 S.W.3d 615, 617 (Ky. 2009) (quoting Iowa v. Tovar, 541 U.S. 77, 88 (2004)); Terry, 295 S.W.3d at 825, n.3 ).

11
Depp v. Commonwealthgreen
ky · 2009 · cited in 1 Kentucky opinions naming this issue, 2022–2022
1 sentence

2022The inquiry will depend on case-specific factors, such as the defendant’s education, experiences, sophistication, the complexity or simplicity of the charges, and the stage of the proceeding for which the defendant seeks to waive counsel. 9 510 S.W.3d at 321 (citing Depp v. Commonwealth, 278 S.W.3d 615, 617 (Ky. 2009) (quoting Iowa v. Tovar, 541 U.S. 77, 88 (2004)); Terry, 295 S.W.3d at 825, n.3 ).

11
Mitchell Ex Rel. Fee v. Mitchellgreen
kyctapp · 1998 · cited in 1 Kentucky opinions naming this issue, 2008–2008
1 sentence

2008Although it does not shape the ultimate outcome of this case, the trial court's final judgment is erroneous when it provides that Kozak was sixteen years old in January 2005 (when he allegedly committed the offenses in question). [3] Ky. Const. § 110(2)(b). [4] See, e.g., Mitchell By and Through Fee v. Mitchell, 963 S.W.2d 222, 223 (Ky.App.1998). [5] The Commonwealth relied solely upon KRS 635.020(2) and has not disputed Kozak's argument that none of the other subsections of KRS 635.020 are applicable.

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (3)

CaseCitedYears
Lamb v. Commonwealth green
ky · 2017
1 sentence

2022The inquiry will depend on case-specific factors, such as the defendant’s education, experiences, sophistication, the complexity or simplicity of the charges, and the stage of the proceeding for which the defendant seeks to waive counsel. 9 510 S.W.3d at 321 (citing Depp v. Commonwealth, 278 S.W.3d 615, 617 (Ky. 2009) (quoting Iowa v. Tovar, 541 U.S. 77, 88 (2004)); Terry, 295 S.W.3d at 825, n.3 ).

12022–2022
White v. State green
mdctspecapp · 1986
2 sentences

2009Thus both Wade and his counsel should have been notified of the impending lineup, and counsel's presence should have been a requisite to conduct of the lineup, absent an intelligent waiver.") (footnote, citation, and quotation marks omitted). [43] Cf. White v. State, 66 Md.App. 100 , 502 A.2d 1084, 1088-89 ) (Md.1986) ("A majority of other states and the federal courts have held that a criminal defendant has no right to have counsel present at a voice line-up procedure.

2009Thus both Wade and his counsel should have been notified of the impending lineup, and counsel's presence should have been a requisite to conduct of the lineup, absent an intelligent waiver.") (footnote, citation, and quotation marks omitted). [43] Cf. White v. State, 66 Md.App. 100 , 502 A.2d 1084, 1088-89 ) (Md.1986) ("A majority of other states and the federal courts have held that a criminal defendant has no right to have counsel present at a voice line-up procedure.

12009–2009
Davenport v. Commonwealth neutral
kyctapphigh · 1965
1 sentence

1981Davenport v. Commonwealth, Ky., 390 S.W.2d 662 (1965).

11981–1981

Where else courts name it

CA 179 (1947–2026) LA 87 (1942–2019) IL 85 (1948–2026) GA 48 (1971–2026) OH 41 (1944–2026) AR 36 (1956–2021) TX 33 (1968–2025) CT 32 (1968–2016) IN 30 (1969–2020) MD 28 (1964–2008) NY 28 (1955–2018) AL 21 (1965–2018) PA 20 (1941–2021) WA 19 (1963–2022) FL 19 (1964–2014) AZ 18 (1965–2021) SC 18 (1974–2024) WV 18 (1965–2021) MO 14 (1896–2023) CO 13 (1967–2021) MN 13 (1959–2024) RI 12 (1964–2011) NH 11 (1965–2019) MI 11 (1967–2023) MA 11 (1971–2010) NJ 10 (1945–2026) AK 10 (1980–2023) NC 9 (1964–2022) OR 9 (1966–1983) DC 8 (1959–2010) OK 8 (1939–1979) NM 8 (1971–2020) WI 7 (1968–2003) ND 7 (1965–2025) TN 6 (1951–2024) VA 6 (1979–2023) KS 6 (1949–1982) IA 6 (1966–2022) KY 6 (1981–2022) VT 5 (1960–2016) MS 5 (1988–2019) SD 5 (1943–2006) NV 5 (1970–1984) NE 4 (1976–2019) ID 4 (1967–1986) ME 4 (1980–2014) WY 4 (1984–1992) DE 2 (1985–2015) UT 2 (1990–2001) MT 2 (1963–2013)

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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