signed written waiver (North Carolina) · Go Syfert
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signed written waiver in North Carolina

6 North Carolina opinions name it 1 courts 1975–2022 2 in the last five years

The cases below were cited by North Carolina 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 (2)

CaseFollowedCited
State v. Jacobsgreen
ncctapp · 2014 · cited in 2 North Carolina opinions naming this issue, 2022–2022
2 sentences

2022We are not persuaded by the State’s characterization of this omission as “a missing duplicative check mark . . . [that] does not render the form unclear or erroneous[.]” This assertion contradicts the explicit instructions set out—quite emphatically—on the face of the waiver form itself. ¶ 41 Accordingly, although a signed written waiver is generally “presumptive evidence that a defendant wishes to act as his or her own attorney[,]” id. at 703, 757 S.E.2d at 368 (emphasis added) (citation omitted), we conclude that the written waiver in the instant case is insufficient—notwithstanding the pres

2022We are not persuaded by the State’s characterization of this omission as “a missing duplicative check mark . . . [that] does not render the form unclear or erroneous[.]” This assertion contradicts the explicit instructions set out—quite emphatically—on the face of the waiver form itself. ¶ 41 Accordingly, although a signed written waiver is generally “presumptive evidence that a defendant wishes to act as his or her own attorney[,]” id. at 703, 757 S.E.2d at 368 (emphasis added) (citation omitted), we conclude that the written waiver in the instant case is insufficient—notwithstanding the pres

22
State v. Warrengreen
ncctapp · 1986 · cited in 1 North Carolina opinions naming this issue, 2005–2005
2 sentences

2005State v. Warren, 82 N.C.

2005State v. Warren, 82 N.C.App. 84, 89 , 345 S.E.2d 437, 441 (1986).

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (3)

CaseCitedYears
State v. Whitfield green
ncctapp · 2005
1 sentence

2014State v. Whitfield, 170 N.C.

12014–2014
State v. Strobel green
ncctapp · 2004
1 sentence

2010Id.

12010–2010
State v. Lynch green
nc · 1971
2 sentences

1975Although such a writing was necessary under former G.S. 7A-457 (a) to show waiver by an indigent defendant of his right to be represented by counsel, State v. Lynch, 279 N.C. 1 , 181 S.E. 2d 561 (1971), this requirement was deleted for all except capital cases by the 1971 amendment to that statute.

1975Although such a writing was necessary under former G.S. 7A-457 (a) to show waiver by an indigent defendant of his right to be represented by counsel, State v. Lynch, 279 N.C. 1 , 181 S.E. 2d 561 (1971), this requirement was deleted for all except capital cases by the 1971 amendment to that statute.

11975–1975

Statutes the citing opinions construe

NC § N.C. Gen. Stat. § 15A-1242 (4) NC § N.C. Gen. Stat. § 15A-1344 (3) NC § N.C. Gen. Stat. § 15A-1345 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

NY 16 (2012–2025) IL 8 (1999–2026) OH 6 (2001–2026) CT 6 (2010–2021) NC 6 (1975–2022) MA 4 (1997–2018) TX 3 (1986–2008) FL 2 (1983–2010) CA 2 (1998–2005) NJ 2 (2014–2014) MO 2 (2016–2021)

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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