voluntary and knowing waiver (Louisiana) · Go Syfert
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voluntary and knowing waiver in Louisiana

6 Louisiana opinions name it 2 courts 1981–2025 1 in the last five years

The cases below were cited by Louisiana 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 (1)

CaseFollowedCited
Commonwealth Ex Rel. West v. Rundlegreen
pa · 1968 · cited in 2 Louisiana opinions naming this issue, 1993–2005
2 sentences

2005West v. Rundle, 428 Pa. 102 , 237 A.2d 196, 197-98 (1968)).

2005West v. Rundle, 428 Pa. 102 , 237 A.2d 196, 197-98 (1968)).

22

Distinguished, questioned or overruled (0)

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

Also cited on this issue (5)

CaseCitedYears
Boykin v. Alabama green
scotus · 1969
2 sentences

2005Thus, the Court held that it could not presume a voluntary and knowing waiver of these three rights "from a silent record." To insure an adequate record on review, the Court stated a trial court would be "best advised to conduct an on the record examination of the defendant which should include, inter alia, an attempt to satisfy itself that the defendant understands the nature of the charges, his right to a jury trial, the acts sufficient to constitute the offenses for which he is charged and the permissible range of sentences." Id., 395 U.S. at 244 n. 7, 89 S.Ct. 1709 (quoting Commonwealth ex

2005Thus, the Court held that it could not presume a voluntary and knowing waiver of these three rights "from a silent record." To insure an adequate record on review, the Court stated a trial court would be "best advised to conduct an on the record examination of the defendant which should include, inter alia, an attempt to satisfy itself that the defendant understands the nature of the charges, his right to a jury trial, the acts sufficient to constitute the offenses for which he is charged and the permissible range of sentences." Id., 395 U.S. at 244 n. 7, 89 S.Ct. 1709 (quoting Commonwealth ex

21993–2005
State v. Kahey green
la · 1983
1 sentence

2025State v. Kahey, 436 So. 2d 475 (La. 1983); State v. White, supra. In making the determination of whether a defendant made a voluntary and knowing waiver, a trial court is required to determine only whether the defendant’s waiver was made knowingly and intelligently.

12025–2025
State v. Ratcliff green
la · 1982
1 sentence

1985As was noted by the Louisiana Supreme Court in State v. Ratcliff, 416 So.2d 528 (La.1982), an allegation of ineffective assistance of counsel is an issue more properly raised by a writ of habeas corpus.

11985–1985
State v. Johnson green
la · 1983
1 sentence

1985In State v. Johnson, 442 So.2d 1141 (La. 1983) the Supreme Court upheld the trial court's finding that the defendant in that case had made a voluntary and knowing waiver of his right to the presence of counsel during a custodial interrogation.

11985–1985
State v. Galliano green
la · 1981
1 sentence

1981It is really very convenient, quickly articulated and, in *1202 exceptional cases, see State v. Galliano, 396 So.2d 1288 (La. 1981), is airtight proof of the voluntary and knowing standard which Boykin actually espouses.

11981–1981

Where else courts name it

GA 18 (1972–2023) TX 12 (1983–2025) TN 11 (1992–2020) NY 10 (1978–2011) CA 9 (1973–2020) AL 9 (1986–2000) KS 8 (1975–2025) MD 7 (1973–2010) OH 6 (2001–2016) PA 6 (1978–2026) LA 6 (1981–2025) HI 5 (1972–2021) VA 5 (1990–2018) MA 5 (1975–2011) IL 5 (1971–2006) WI 4 (1994–1999) WA 4 (1982–2025) ME 4 (1977–2019) NJ 4 (1989–2007) AR 3 (2006–2018) OR 3 (2000–2013) MI 3 (1994–2016) FL 3 (1985–2013) IN 3 (1971–2017) SD 3 (1988–2010) DC 2 (2006–2015) CT 2 (2004–2017) AZ 2 (1969–1981) MO 2 (1994–1998) CO 2 (1992–2006) IA 2 (1987–1989)

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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