knowing and voluntary waiver in Mississippi

43 Mississippi opinions name it 2 courts 1984–2025 1 in the last five years

The cases below were cited by Mississippi 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 (17)

Case	Followed	Cited
Jones v. Stategreen miss · 1984 · cited in 8 Mississippi opinions naming this issue, 1985–2008 2 sentences 2008Davis, 551 So.2d at 169 (citing Gavin v. State, 473 So.2d 952, 954 (Miss.1985); Jones v. State, 461 So.2d 686, 696 (Miss.1984)). ¶ 43. 1988Ultimately, the test in all cases remains, "After all of the Miranda warnings have been given and rights articulated therein respected, has there been under `the totality of the circumstances' a knowing and voluntary waiver of the accused privilege against self-incrimination?" Jones v. State, 461 So.2d 686, 696 (Miss. 1984).	8	8
Gavin v. Stategreen miss · 1985 · cited in 8 Mississippi opinions naming this issue, 1988–2008 2 sentences 2007Initially, the judge must determine whether the defendant was adequately warned and "whether there has been under the totality of the circumstances a knowing and voluntary waiver of the accused's privilege against self-incrimination." Gavin v. State, 473 So.2d 952, 954 (Miss.1985); see, e.g., Porter v. State, 616 So.2d 899, 907-08 (Miss.1993); Pierre v. State, 607 So.2d 43, 50 (Miss.1992). ¶ 11. 2001Initially, the judge must determine whether the defendant was adequately warned and "whether there has been under the totality of the circumstances a knowing and voluntary waiver of the accused's privilege against self-incrimination." Gavin v. State , 473 So.2d 952 , 954 (Miss. 1985).	6	8
Jones v. Stategreen miss · 2003 · cited in 6 Mississippi opinions naming this issue, 2004–2013 2 sentences 2013Uniform Rule of Circuit and County Court Practice 6.03 states that “[ejvery person in custody shall be taken, without unnecessary delay and within 48 hours of arrest, before a judicial officer or other person authorized by statute for an initial appearance.” Our supreme court has stated, however, that “[a] violation of Rule 6.03 alone will not result in the suppression of evidence or reversible error where the defendant was informed of his rights and made a knowing and voluntary waiver.” Jones v. State, 841 So.2d 115, 132 (¶ 47) (Miss.2003). 2004Also, in Jones v. State, 841 So.2d 115, 132 (¶ 47) (Miss.2003), the court held: It is well established that the failure to provide an initial appearance for an accused within the time provided is not, of itself, a reason to suppress a confession.... [T]his Court found that a violation of Rule 6.03 alone will not result in the suppression of evidence or reversible error where the defendant was informed of his rights and made a knowing and voluntary waiver. ¶ 12.	4	6
Powell v. Stategreen miss · 1989 · cited in 3 Mississippi opinions naming this issue, 1990–1991 2 sentences 1991Powell v. State, 540 So.2d 13, 16 (Miss. 1989); Pinkney v. State, 538 So.2d 329, 342 (Miss. 1988). 1990Powell v. State, 540 So.2d 13, 16 (Miss. 1989); Pinkney v. State, 538 So.2d 329, 342 (Miss. 1988).	3	3
Pinkney v. Stategreen miss · 1988 · cited in 3 Mississippi opinions naming this issue, 1990–1991 2 sentences 1991Powell v. State, 540 So.2d 13, 16 (Miss. 1989); Pinkney v. State, 538 So.2d 329, 342 (Miss. 1988). 1990Powell v. State, 540 So.2d 13, 16 (Miss. 1989); Pinkney v. State, 538 So.2d 329, 342 (Miss. 1988).	3	3
Depreo v. Stategreen miss · 1981 · cited in 3 Mississippi opinions naming this issue, 1984–1989 2 sentences 1989Jones v. State, 461 So.2d 686, 696-97 (Miss. 1984); Depreo v. State, 407 So.2d 102, 106 (Miss. 1981); Lee v. State, 338 So.2d 399, 401 (Miss. 1976). 1985Jones v. State, 461 So.2d 686, 696-97 (Miss. 1984); Depreo v. State, 407 So.2d 102, 106 (Miss. 1981); Lee v. State, 338 So.2d 399, 401 (Miss. 1976).	3	3
Smith v. Stategreen miss · 1988 · cited in 2 Mississippi opinions naming this issue, 2010–2013 2 sentences 2013Smith v. State, 534 So.2d 194, 197 (Miss.1988). ¶ 14. 2010Smith v. State, 534 So. 2d 194, 197 (Miss. 1988). ¶14.	2	2
Kniep v. Stategreen miss · 1988 · cited in 2 Mississippi opinions naming this issue, 1988–2009 2 sentences 2009Kniep v. State, 525 So.2d 385, 389 (Miss.1988) (citation omitted). 1988Kniep v. State, 525 So.2d 385, 389 (Miss. 1988), citing Jones v. State, 461 So.2d 686, 696 (Miss. 1984), vacated on other grounds, ___ U.S. ___, 108 S.Ct. 2891 , 101 L.Ed.2d 925 (1988).	2	2
Porter v. Stategreen miss · 1993 · cited in 2 Mississippi opinions naming this issue, 2001–2007 2 sentences 2007Initially, the judge must determine whether the defendant was adequately warned and "whether there has been under the totality of the circumstances a knowing and voluntary waiver of the accused's privilege against self-incrimination." Gavin v. State, 473 So.2d 952, 954 (Miss.1985); see, e.g., Porter v. State, 616 So.2d 899, 907-08 (Miss.1993); Pierre v. State, 607 So.2d 43, 50 (Miss.1992). ¶ 11. 2001See, e.g., Porter v. State , 616 So.2d 899 , 907-08 (Miss. 1993); Pierre v. State , 607 So.2d 43 , 50 (Miss. 1992). ¶ 7.	2	2
Lee v. Stategreen miss · 1976 · cited in 2 Mississippi opinions naming this issue, 1985–1989 2 sentences 1989Jones v. State, 461 So.2d 686, 696-97 (Miss. 1984); Depreo v. State, 407 So.2d 102, 106 (Miss. 1981); Lee v. State, 338 So.2d 399, 401 (Miss. 1976). 1985Jones v. State, 461 So.2d 686, 696-97 (Miss. 1984); Depreo v. State, 407 So.2d 102, 106 (Miss. 1981); Lee v. State, 338 So.2d 399, 401 (Miss. 1976).	2	2
Burger v. Kempgreen scotus · 1987 · cited in 2 Mississippi opinions naming this issue, 1990–2025 2 sentences 2025“Under the rules governing professional responsibility, consent of a criminal defendant is a necessary pre-requisite to joint representation, and trial court inquiry into whether the defendant has made a knowing and voluntary waiver of his right to conflict-free counsel is imperative.” Id. at 1334 (emphasis omitted) (citing Burger v. Kemp, 483 U.S. 776, 798 (1987)). 1990Burger v. Kemp, 483 U.S. at 798 , 107 S.Ct. at 3127 .	1	2
Pierre v. Stategreen miss · 1992 · cited in 2 Mississippi opinions naming this issue, 2001–2007 2 sentences 2007Initially, the judge must determine whether the defendant was adequately warned and "whether there has been under the totality of the circumstances a knowing and voluntary waiver of the accused's privilege against self-incrimination." Gavin v. State, 473 So.2d 952, 954 (Miss.1985); see, e.g., Porter v. State, 616 So.2d 899, 907-08 (Miss.1993); Pierre v. State, 607 So.2d 43, 50 (Miss.1992). ¶ 11. 2001See, e.g., Porter v. State , 616 So.2d 899 , 907-08 (Miss. 1993); Pierre v. State , 607 So.2d 43 , 50 (Miss. 1992). ¶ 7.	1	2
Armstrong v. Stategreen miss · 1990 · cited in 1 Mississippi opinions naming this issue, 2025–2025 1 sentence 2025“Under the rules governing professional responsibility, consent of a criminal defendant is a necessary pre-requisite to joint representation, and trial court inquiry into whether the defendant has made a knowing and voluntary waiver of his right to conflict-free counsel is imperative.” Id. at 1334 (emphasis omitted) (citing Burger v. Kemp, 483 U.S. 776, 798 (1987)).	1	1
Bell v. Stategreen miss · 2007 · cited in 1 Mississippi opinions naming this issue, 2015–2015 2 sentences 2015But violation of Rule 6.03 also does not necessarily require suppression of a confession, even when the confession occurs outside of the 48-hour period; instead, “[i]t is well-established that the failure to provide an initial appearance for an accused within the time provided is not, in itself, a reason to suppress a confession.” Bell v. State, 963 So.2d 1124, 1135-36 (¶ 32) (Miss.2007). "[A] violation of Rule 6.03 alone will not result in the suppression of evidence or reversible error where the defendant was informed of his rights and made a knowing and voluntary waiver.” Id. at 1136 (¶ 32) 2015But violation of Rule 6.03 also does not necessarily require suppression of a confession, even when the confession occurs outside of the 48-hour period; instead, “[i]t is well-established that the failure to provide an initial appearance for an accused within the time provided is not, in itself, a reason to suppress a confession.” Bell v. State, 963 So.2d 1124, 1135-36 (¶ 32) (Miss.2007). "[A] violation of Rule 6.03 alone will not result in the suppression of evidence or reversible error where the defendant was informed of his rights and made a knowing and voluntary waiver.” Id. at 1136 (¶ 32)	1	1
Rowland v. Statered miss · 2010 · cited in 1 Mississippi opinions naming this issue, 2011–2011 1 sentence 2011See Rowland, 42 So.3d at 504-06 (¶¶ 2-7). 2 .	1	1
Chisolm v. Stategreen miss · 1988 · cited in 1 Mississippi opinions naming this issue, 1992–1992 1 sentence 1992The court, as the trier-of-fact, bears the duty to determine "whether there has been under the totality of the circumstances a knowing and voluntary waiver of the accused's privilege against self-incrimination." Gavin, 473 So.2d at 954 (emphasis in original); see also Chisolm, 529 So.2d at 634 . 1.	1	1
Fare v. Michael C.green scotus · 1979 · cited in 1 Mississippi opinions naming this issue, 1984–1984	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Mississippi. Read the followed side critically anyway.

Also cited on this issue (17)

Case	Cited	Years
Veal v. State green miss · 1991 2 sentences 2007In Morgan v. State, 681 So.2d 82 (Miss. 1996) and Veal v. State, 585 So.2d 693 (Miss.1991), this Court found that a violation of Rule 6.03 alone will not result in the suppression of evidence or reversible error where the defendant was informed of his rights and made a knowing and voluntary waiver. 2006In Morgan v. State, 681 So. 2d 82 (Miss. 1996) and Veal v. State, 585 So. 2d 693 (Miss. 1991), this Court found that a violation of Rule 6.03 alone will not result in the suppression of evidence or reversible error where the defendant was informed of his rights and made a knowing and voluntary waiver.	10	1992–2007
Morgan v. State green miss · 1996 2 sentences 2007In Morgan v. State, 681 So.2d 82 (Miss. 1996) and Veal v. State, 585 So.2d 693 (Miss.1991), this Court found that a violation of Rule 6.03 alone will not result in the suppression of evidence or reversible error where the defendant was informed of his rights and made a knowing and voluntary waiver. 2006In Morgan v. State, 681 So. 2d 82 (Miss. 1996) and Veal v. State, 585 So. 2d 693 (Miss. 1991), this Court found that a violation of Rule 6.03 alone will not result in the suppression of evidence or reversible error where the defendant was informed of his rights and made a knowing and voluntary waiver.	8	1992–2007
Parker v. State green miss · 1962 2 sentences 2005But see Gordon v. State, 160 So.2d 73 (Miss. 1964); Parker v. State, 244 Miss. 332 , 141 So.2d 546 (1962) (holding that considerable delay in providing an initial appearance alone can be reversible error). * * * * * * The statement given by Jones on January 12 was completely incriminating, sufficient to prosecute him for Wilkerson's murder, and well within the 48 hour period. 2005But see Gordon v. State, 160 So.2d 73 (Miss. 1964); Parker v. State, 244 Miss. 332 , 141 So.2d 546 (1962) (holding that considerable delay in providing an initial appearance alone can be reversible error). * * * * * * The statement given by Jones on January 12 was completely incriminating, sufficient to prosecute him for Wilkerson's murder, and well within the 48 hour period.	4	2000–2005
Davis v. State green miss · 1989 2 sentences 2008Davis, 551 So.2d at 169 (citing Gavin v. State, 473 So.2d 952, 954 (Miss.1985); Jones v. State, 461 So.2d 686, 696 (Miss.1984)). ¶ 43. 2006Davis, 551 So. 2d at 169 (citing Gavin v. State, 473 So. 2d 952, 954 (Miss. 1985); Jones v. State, 461 So. 2d 686, 696 (Miss. 1984)). ¶43.	3	1992–2008
Littlejohn v. State green miss · 1992 1 sentence 2025“In order for a defendant effectively to waive his right to conflict-free counsel, the trial judge should affirmatively 11 participate in the waiver decision by eliciting a statement in narrative form from the defendant in indicating that he fully understands the nature of the situation and has knowingly and intelligently made the decision to proceed with the challenged counsel.” Littlejohn, 593 So. 2d at 25 (quoting Alvarez, 580 F.2d at 1259-60 ). ¶20.	1	2025–2025
United States v. Pedro L. Alvarez green ca5 · 1978 1 sentence 2025“In order for a defendant effectively to waive his right to conflict-free counsel, the trial judge should affirmatively 11 participate in the waiver decision by eliciting a statement in narrative form from the defendant in indicating that he fully understands the nature of the situation and has knowingly and intelligently made the decision to proceed with the challenged counsel.” Littlejohn, 593 So. 2d at 25 (quoting Alvarez, 580 F.2d at 1259-60 ). ¶20.	1	2025–2025
Davis v. United States green scotus · 1994 2 sentences 2015Id. at 461, 114 S.Ct. 2350 . ¶ 36. 2015Id. at 461 . ¶36.	1	2015–2015
Miranda v. Arizona green scotus · 1966 2 sentences 2003We observe first of all that the issue before us is not governed by the substantial body of law relating to the admissibility of post-arrest statements produced as the result of questioning by investigating officers as that law has developed since the landmark decision of Miranda v. Arizona, 384 U.S. 436 , 86 S.Ct. 1602 , 16 L.Ed.2d 694 (1966). 2003We observe first of all that the issue before us is not governed by the substantial body of law relating to the admissibility of post-arrest statements produced as the result of questioning by investigating officers as that law has developed since the landmark decision of Miranda v. Arizona, 384 U.S. 436 , 86 S.Ct. 1602 , 16 L.Ed.2d 694 (1966).	1	2003–2003
Kirkland v. State green miss · 1990 1 sentence 1993Kirkland v. State, 559 So.2d 1046 (Miss. 1990).	1	1993–1993
McCarty v. State green miss · 1989 1 sentence 1992McCarty, 554 So.2d at 911 ; Davis v. State, 551 So.2d 165 , 169 (Miss. 1989), certiorari denied 494 U.S. 1074 , 110 S.Ct. 1796 , 108 L.Ed.2d 797 (1990), rehearing denied 495 U.S. 953 , 110 S.Ct. 2221 , 109 L.Ed.2d 546 (1990).	1	1992–1992
Stringer v. Black green scotus · 1990 1 sentence 1992McCarty, 554 So.2d at 911 ; Davis v. State, 551 So.2d 165 , 169 (Miss. 1989), certiorari denied 494 U.S. 1074 , 110 S.Ct. 1796 , 108 L.Ed.2d 797 (1990), rehearing denied 495 U.S. 953 , 110 S.Ct. 2221 , 109 L.Ed.2d 546 (1990).	1	1992–1992
Sayles v. Circuit Court green scotus · 1990 1 sentence 1992McCarty, 554 So.2d at 911 ; Davis v. State, 551 So.2d 165 , 169 (Miss. 1989), certiorari denied 494 U.S. 1074 , 110 S.Ct. 1796 , 108 L.Ed.2d 797 (1990), rehearing denied 495 U.S. 953 , 110 S.Ct. 2221 , 109 L.Ed.2d 546 (1990).	1	1992–1992
Johnson v. State green miss · 1985 1 sentence 1989Id.	1	1989–1989
Battles Farm Co. v. Pierce green scotus · 1988	1	1988–1988
Powell v. Texas green scotus · 1988 1 sentence 1988Kniep v. State, 525 So.2d 385, 389 (Miss. 1988), citing Jones v. State, 461 So.2d 686, 696 (Miss. 1984), vacated on other grounds, ___ U.S. ___, 108 S.Ct. 2891 , 101 L.Ed.2d 925 (1988).	1	1988–1988
Phillips v. State green miss · 1982	1	1987–1987
Edwards v. Arizona green scotus · 1981	1	1984–1984

Statutes the citing opinions construe

MS § Miss. Code Ann. § 97-3-19 (6) MS § Miss. Code Ann. § 99-19-101 (5) MS § Miss. Code Ann. § 99-39-21 (4) MS § Miss. Code Ann. § 97-3-79 (3) MS § Miss. Code Ann. § 99-19-105 (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.

← Caselaw search · G Cite Topics · Brief Check