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

6 Minnesota opinions name it 2 courts 1988–2015 0 in the last five years

The cases below were cited by Minnesota 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
United States v. Edwin Edwards Stephen Edwards Cecil Brown Andrew Martin Bobby Johnsongreen
ca5 · 2002 · cited in 1 Minnesota opinions naming this issue, 2010–2010
2 sentences

2010In United States v. Edwards, again a multi-defendant trial, defendant Johnson postponed bypass surgery, believing it was in his strategic interest “to go to verdict” with the other defendants. 303 F.3d 606, 625, 629 (5th Cir.2002).

2010In United States v. Edwards , again a multi-defendant trial, defendant Johnson postponed bypass surgery, believing it was in his strategic interest "to go to verdict" with the other defendants. 303 F.3d 606, 625, 629 (5th Cir.2002).

11
State v. Goulettegreen
minn · 1977 · cited in 1 Minnesota opinions naming this issue, 2007–2007
1 sentence

2007The Supreme Court recognized that convictions based on guilty pleas are generally “justified by the defendant’s admission of guilt and by the defendant’s knowing and voluntary waiver of a trial.” State v. Goulette, 258 N.W.2d 758, 760 (Minn.1977) (citing Alford, 400 U.S. at 25 , 91 S.Ct. 160 ).

11
Cubbage v. Stategreen
md · 1985 · cited in 1 Minnesota opinions naming this issue, 2005–2005
2 sentences

2005Jurisdictions allowing a defendant to waive his or her right to appeal a conviction require that the waiver be made “intelligently, voluntarily and with an understanding of the consequences.” Perkins, 737 P.2d at 251 ; see also Cubbage v. State, 304 Md. 237 , 498 A.2d 632, 633 (1985) (upholding a knowing and voluntary waiver of appeal made by the defendant after conviction but before sentencing).

2005Jurisdictions allowing a defendant to waive his or her right to appeal a conviction require that the waiver be made “intelligently, voluntarily and with an understanding of the consequences.” Perkins, 737 P.2d at 251 ; see also Cubbage v. State, 304 Md. 237 , 498 A.2d 632, 633 (1985) (upholding a knowing and voluntary waiver of appeal made by the defendant after conviction but before sentencing).

11
State v. Kulsethgreen
minn · 1983 · cited in 1 Minnesota opinions naming this issue, 1988–1988
1 sentence

1988State v. Linder, 268 N.W.2d 734, 735 (Minn.1978); State v. Kulseth, 333 N.W.2d 635, 637 (Minn.1983).

11
State v. Lindergreen
minn · 1978 · cited in 1 Minnesota opinions naming this issue, 1988–1988
1 sentence

1988State v. Linder, 268 N.W.2d 734, 735 (Minn.1978); State v. Kulseth, 333 N.W.2d 635, 637 (Minn.1983).

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (5)

CaseCitedYears
State of Minnesota v. Antoine Rumel Little green
minn · 2014
1 sentence

2015Id. 1 Because I conclude that the record does not show a knowing and voluntary waiver of Beaulieu’s Morrissey rights, I need not address the two issues the majority does reach: whether Beaulieu had a separate constitutional right “to be advised” by the district court of his right to a revocation hearing (Part I of the majority’s opinion) or whether his probation revocation must be reversed solely because of the district court’s plain error in failing to deliver the rights advisory required by Minn. R.

12015–2015
United States v. Davis green
· 1995
2 sentences

2010In affirming, the Fifth Circuit concluded that “McBride’s failure to appear after the court delayed the trial a day and a half was a knowing and voluntary waiver of her right to be present.” Id. at 303 .

2010In affirming, the Fifth Circuit concluded that "McBride's failure to appear after the court delayed the trial a day and a half was a knowing and voluntary waiver of her right to be present." Id. at 303 .

12010–2010
North Carolina v. Alford green
scotus · 1970
2 sentences

2007The Supreme Court recognized that convictions based on guilty pleas are generally “justified by the defendant’s admission of guilt and by the defendant’s knowing and voluntary waiver of a trial.” State v. Goulette, 258 N.W.2d 758, 760 (Minn.1977) (citing Alford, 400 U.S. at 25 , 91 S.Ct. 160 ).

2007The Supreme Court recognized that convictions based on guilty pleas are generally “justified by the defendant’s admission of guilt and by the defendant’s knowing and voluntary waiver of a trial.” State v. Goulette, 258 N.W.2d 758, 760 (Minn.1977) (citing Alford, 400 U.S. at 25 , 91 S.Ct. 160 ).

12007–2007
State v. Perkins green
wash · 1987
2 sentences

2005Jurisdictions allowing a defendant to waive his or her right to appeal a conviction require that the waiver be made “intelligently, voluntarily and with an understanding of the consequences.” Perkins, 737 P.2d at 251 ; see also Cubbage v. State, 304 Md. 237 , 498 A.2d 632, 633 (1985) (upholding a knowing and voluntary waiver of appeal made by the defendant after conviction but before sentencing).

2005Jurisdictions allowing a defendant to waive his or her right to appeal a conviction require that the waiver be made "intelligently, voluntarily and with an understanding of the consequences." Perkins, 737 P.2d at 251 ; see also Cubbage v. State, 304 Md. 237 , 498 A.2d 632, 633 (1985) (upholding a knowing and voluntary waiver of appeal made by the defendant after conviction but before *492 sentencing).

12005–2005
Marriage of Yeager v. Yeager green
minnctapp · 1987
2 sentences

1989Yeager v. Yeager, 405 N.W.2d 519 (Minn. Ct.App.1987) supports the conclusion of the trial court that "[appellant] has not alleged a basis for the reopening of the judgment and decree." In Yeager , appellant had not objected to the stipulation, had waived the right to counsel, and had approved a default hearing.

1989Yeager v. Yeager, 405 N.W.2d 519 (Minn.Ct.App.1987) supports the conclusion of the trial court that “[appellant] has not alleged a basis for the reopening of the judgment and decree.” In Yeager , appellant had not objected to the stipulation, had waived the right to counsel, and had approved a default hearing.

11989–1989

Where else courts name it

NY 139 (1974–2026) CA 118 (1980–2026) LA 110 (1981–2025) IL 85 (1975–2026) GA 77 (1979–2023) IN 65 (1972–2020) PA 55 (1969–2025) MD 54 (1965–2026) TX 54 (1979–2026) NJ 53 (1988–2026) FL 50 (1978–2025) SC 43 (1992–2025) MS 43 (1984–2025) OH 41 (1989–2026) WA 40 (1977–2025) OR 38 (1978–2026) TN 37 (1993–2026) CT 32 (1972–2025) MA 32 (1973–2024) NC 30 (1977–2024) KS 25 (1992–2026) WI 25 (1979–2026) HI 23 (1992–2025) MO 22 (1980–2023) OK 21 (1982–2023) UT 20 (1989–2024) VA 19 (1991–2024) ID 19 (2000–2022) IA 18 (2002–2024) MI 17 (1982–2025) NM 16 (1981–2020) AR 13 (2002–2015) SD 12 (1987–2019) DC 11 (1978–2024) AL 11 (1972–2013) AZ 11 (1973–2023) DE 10 (1978–2026) KY 9 (1995–2026) NE 9 (1999–2025) MT 8 (1995–2025) NV 7 (1987–2025) WY 7 (1986–2021) VT 7 (1994–2021) AK 6 (1987–2020) RI 6 (1974–2011) MN 6 (1988–2015) ME 5 (1979–2003) NH 5 (2001–2018) CO 4 (1995–2014) ND 4 (1997–2021) WV 3 (1982–1993)

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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