knowing and voluntary waiver (Rhode Island) · Go Syfert
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knowing and voluntary waiver in Rhode Island

6 Rhode Island opinions name it 1 courts 1974–2011 0 in the last five years

The cases below were cited by Rhode Island 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. Bluittgreen
ri · 2004 · cited in 1 Rhode Island opinions naming this issue, 2011–2011
2 sentences

2011During this discussion, defendant disclosed to the trial justice that he was familiar with some of the pertinent case law relative to the waiver of counsel, including Faretta and State v. Bluitt, 850 A.2d 83, 90 (R.I.2004), in which this Court vacated a conviction based on our conclusion that the defendant did not make a knowing and voluntary waiver of counsel.

2011During this discussion, defendant disclosed to the trial justice that he was familiar with some of the pertinent case law relative to the waiver of counsel, including Faretta and State v. Bluitt, 850 A.2d 83, 90 (R.I.2004), in which this Court vacated a conviction based on our conclusion that the defendant did not make a knowing and voluntary waiver of counsel.

11
Brewer v. Williamsgreen
scotus · 1977 · cited in 1 Rhode Island opinions naming this issue, 1992–1992
2 sentences

1992Harvey, 494 U.S. at 353 , 110 S.Ct. at 1182 , 108 L.Ed.2d at 305 (citing Brewer v. Williams, 430 U.S. 387, 404 , 97 S.Ct. 1232, 1242 , 51 L.Ed.2d 424, 439 (1977)). “[I]f all the circumstances in a particular case show that the police have engaged in a course of conduct which would render the waiver involuntary, the burden will not be satisfied.” Harvey, 494 U.S. at 354 , 110 S.Ct. at 1182 , 108 L.Ed.2d at 305 .

1992Harvey, 494 U.S. at 353 , 110 S.Ct. at 1182 , 108 L.Ed.2d at 305 (citing Brewer v. Williams, 430 U.S. 387, 404 , 97 S.Ct. 1232, 1242 , 51 L.Ed.2d 424, 439 (1977)). “[I]f all the circumstances in a particular case show that the police have engaged in a course of conduct which would render the waiver involuntary, the burden will not be satisfied.” Harvey, 494 U.S. at 354 , 110 S.Ct. at 1182 , 108 L.Ed.2d at 305 .

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (5)

CaseCitedYears
Brennan v. Vose green
ri · 2001
2 sentences

2010In Brennan , this Court declined “to adopt a rule providing for a sua sponte inquiry by the trial justice to insure that an applicant has made a knowing and voluntary waiver of his right to testify.” Id. at 171 .

2010In Brennan , this Court declined “to adopt a rule providing for a sua sponte inquiry by the trial justice to insure that an applicant has made a knowing and voluntary waiver of his right to testify.” Id. at 171 .

32010–2010
Michigan v. Harvey green
scotus · 1990
2 sentences

1992Harvey, 494 U.S. at 353 , 110 S.Ct. at 1182 , 108 L.Ed.2d at 305 (citing Brewer v. Williams, 430 U.S. 387, 404 , 97 S.Ct. 1232, 1242 , 51 L.Ed.2d 424, 439 (1977)). “[I]f all the circumstances in a particular case show that the police have engaged in a course of conduct which would render the waiver involuntary, the burden will not be satisfied.” Harvey, 494 U.S. at 354 , 110 S.Ct. at 1182 , 108 L.Ed.2d at 305 .

1992Harvey, 494 U.S. at 353 , 110 S.Ct. at 1182 , 108 L.Ed.2d at 305 (citing Brewer v. Williams, 430 U.S. 387, 404 , 97 S.Ct. 1232, 1242 , 51 L.Ed.2d 424, 439 (1977)). “[I]f all the circumstances in a particular case show that the police have engaged in a course of conduct which would render the waiver involuntary, the burden will not be satisfied.” Harvey, 494 U.S. at 354 , 110 S.Ct. at 1182 , 108 L.Ed.2d at 305 .

11992–1992
Charles Edward Thomas v. United States green
ca5 · 1967
1 sentence

1974United States v. Cox, 459 F.2d 986 (5th Cir. 1972); Phelper v. Decker, 401 F.2d 232 (5th Cir. 1968); Thomas v. United States, 377 F.2d 118 (5th Cir. 1967); Commonwealth of Pennsylvania ex rel.

11974–1974
Ben Herbert Phelper v. Bill Decker, Sheriff of Dallas County, Texas green
ca5 · 1968
1 sentence

1974United States v. Cox, 459 F.2d 986 (5th Cir. 1972); Phelper v. Decker, 401 F.2d 232 (5th Cir. 1968); Thomas v. United States, 377 F.2d 118 (5th Cir. 1967); Commonwealth of Pennsylvania ex rel.

11974–1974
United States v. Everett Wayne Cox green
ca5 · 1972
1 sentence

1974United States v. Cox, 459 F.2d 986 (5th Cir. 1972); Phelper v. Decker, 401 F.2d 232 (5th Cir. 1968); Thomas v. United States, 377 F.2d 118 (5th Cir. 1967); Commonwealth of Pennsylvania ex rel.

11974–1974

Statutes the citing opinions construe

RI § R.I. Gen. Laws § 11-23-1 (4) RI § R.I. Gen. Laws § 10-9.1-1 (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 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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