record contained no written waiver in Florida

5 Florida opinions name it 2 courts 1990–2026 1 in the last five years

The cases below were cited by Florida 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 (8)

Case	Followed	Cited
Tucker v. Stategreen fla · 1990 · cited in 4 Florida opinions naming this issue, 2007–2026 2 sentences 2026“District courts have properly reversed convictions when the record contained no written waiver of a jury trial and the trial court failed to inquire into the defendant’s waiver of jury trial or conducted an insufficient inquiry.” Tucker, 559 So. 2d at 220 . 2008See Upton, 658 So.2d at 87-88 (approving of a district court decision that reversed a defendant's conviction and sentence where the defendant's attorney, alone, waived a jury trial); Tucker, 559 So.2d at 220 ("District courts have properly reversed convictions when the record contained no written waiver of a jury trial and the trial court failed to inquire into the defendant's waiver of a jury trial or conducted an insufficient inquiry." (citing Shuler v. State, 463 So.2d 464 (Fla. 2d DCA 1985); Tosta v. State, 352 So.2d 526 (Fla. 4th DCA 1977))).	2	4
Hyler v. Stategreen fladistctapp · 1999 · cited in 1 Florida opinions naming this issue, 2008–2008 1 sentence 2008See, e.g., Montero v. State, 780 So.2d 917, 917 (Fla. 2d DCA 2000) (reversing the defendant's conviction because the record failed to show that the defendant validly waived his right to a jury trial); Hyler v. State, 732 So.2d 1208, 1209 (Fla. 4th DCA 1999) (concluding that a conviction must be reversed where the record contained no written waiver and did not reflect an inquiry by the trial court that the defendant voluntarily, knowingly, and intelligently waived his right to a jury trial); Gamble v. State, 696 So.2d 420, 420 (Fla. 5th DCA 1997) (holding that the failure to inform the defendan	1	1
State v. Uptongreen fla · 1995 · cited in 1 Florida opinions naming this issue, 2008–2008 1 sentence 2008See Upton, 658 So.2d at 87-88 (approving of a district court decision that reversed a defendant's conviction and sentence where the defendant's attorney, alone, waived a jury trial); Tucker, 559 So.2d at 220 ("District courts have properly reversed convictions when the record contained no written waiver of a jury trial and the trial court failed to inquire into the defendant's waiver of a jury trial or conducted an insufficient inquiry." (citing Shuler v. State, 463 So.2d 464 (Fla. 2d DCA 1985); Tosta v. State, 352 So.2d 526 (Fla. 4th DCA 1977))).	1	1
Sansom v. Stategreen fladistctapp · 1994 · cited in 1 Florida opinions naming this issue, 2008–2008 1 sentence 2008See, e.g., Montero v. State, 780 So.2d 917, 917 (Fla. 2d DCA 2000) (reversing the defendant's conviction because the record failed to show that the defendant validly waived his right to a jury trial); Hyler v. State, 732 So.2d 1208, 1209 (Fla. 4th DCA 1999) (concluding that a conviction must be reversed where the record contained no written waiver and did not reflect an inquiry by the trial court that the defendant voluntarily, knowingly, and intelligently waived his right to a jury trial); Gamble v. State, 696 So.2d 420, 420 (Fla. 5th DCA 1997) (holding that the failure to inform the defendan	1	1
Gamble v. Stategreen fladistctapp · 1997 · cited in 1 Florida opinions naming this issue, 2008–2008 1 sentence 2008See, e.g., Montero v. State, 780 So.2d 917, 917 (Fla. 2d DCA 2000) (reversing the defendant's conviction because the record failed to show that the defendant validly waived his right to a jury trial); Hyler v. State, 732 So.2d 1208, 1209 (Fla. 4th DCA 1999) (concluding that a conviction must be reversed where the record contained no written waiver and did not reflect an inquiry by the trial court that the defendant voluntarily, knowingly, and intelligently waived his right to a jury trial); Gamble v. State, 696 So.2d 420, 420 (Fla. 5th DCA 1997) (holding that the failure to inform the defendan	1	1
Tucker v. Stategreen fladistctapp · 1989 · cited in 1 Florida opinions naming this issue, 2008–2008 1 sentence 2008Specifically at issue in Tucker was a question certified to be of great public importance by the Fourth District concerning whether "a defendant, represented by counsel, [can] orally waive a jury trial, if a full explanation of the consequences is given by the trial judge." Tucker v. State, 547 So.2d 270, 271 (Fla. 4th DCA 1989).	1	1
Montero v. Stategreen fladistctapp · 2000 · cited in 1 Florida opinions naming this issue, 2008–2008 1 sentence 2008See, e.g., Montero v. State, 780 So.2d 917, 917 (Fla. 2d DCA 2000) (reversing the defendant's conviction because the record failed to show that the defendant validly waived his right to a jury trial); Hyler v. State, 732 So.2d 1208, 1209 (Fla. 4th DCA 1999) (concluding that a conviction must be reversed where the record contained no written waiver and did not reflect an inquiry by the trial court that the defendant voluntarily, knowingly, and intelligently waived his right to a jury trial); Gamble v. State, 696 So.2d 420, 420 (Fla. 5th DCA 1997) (holding that the failure to inform the defendan	1	1
Bassue v. Stategreen fladistctapp · 1988 · cited in 1 Florida opinions naming this issue, 2008–2008 1 sentence 2008See, e.g., Montero v. State, 780 So.2d 917, 917 (Fla. 2d DCA 2000) (reversing the defendant's conviction because the record failed to show that the defendant validly waived his right to a jury trial); Hyler v. State, 732 So.2d 1208, 1209 (Fla. 4th DCA 1999) (concluding that a conviction must be reversed where the record contained no written waiver and did not reflect an inquiry by the trial court that the defendant voluntarily, knowingly, and intelligently waived his right to a jury trial); Gamble v. State, 696 So.2d 420, 420 (Fla. 5th DCA 1997) (holding that the failure to inform the defendan	1	1

Distinguished, questioned or overruled (0)

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

Also cited on this issue (3)

Case	Cited	Years
Shuler v. State green fladistctapp · 1985 2 sentences 2008See Upton, 658 So.2d at 87-88 (approving of a district court decision that reversed a defendant's conviction and sentence where the defendant's attorney, alone, waived a jury trial); Tucker, 559 So.2d at 220 ("District courts have properly reversed convictions when the record contained no written waiver of a jury trial and the trial court failed to inquire into the defendant's waiver of a jury trial or conducted an insufficient inquiry." (citing Shuler v. State, 463 So.2d 464 (Fla. 2d DCA 1985); Tosta v. State, 352 So.2d 526 (Fla. 4th DCA 1977))). 1990E.g., Shuler v. State, 463 So.2d 464 (Fla. 2d DCA 1985); Tosta v. State, 352 So.2d 526 (Fla. 4th DCA 1977), cert. denied, 366 So.2d 885 (Fla. 1978).	2	1990–2008
Tosta v. State green fladistctapp · 1977 2 sentences 2008See Upton, 658 So.2d at 87-88 (approving of a district court decision that reversed a defendant's conviction and sentence where the defendant's attorney, alone, waived a jury trial); Tucker, 559 So.2d at 220 ("District courts have properly reversed convictions when the record contained no written waiver of a jury trial and the trial court failed to inquire into the defendant's waiver of a jury trial or conducted an insufficient inquiry." (citing Shuler v. State, 463 So.2d 464 (Fla. 2d DCA 1985); Tosta v. State, 352 So.2d 526 (Fla. 4th DCA 1977))). 1990E.g., Shuler v. State, 463 So.2d 464 (Fla. 2d DCA 1985); Tosta v. State, 352 So.2d 526 (Fla. 4th DCA 1977), cert. denied, 366 So.2d 885 (Fla. 1978).	2	1990–2008
Harringer v. State green fladistctapp · 1990 1 sentence 2007See, e.g., Tucker v. State, 559 So.2d 218, 220 (Fla.1990); Harringer v. State, 566 So.2d 893 (Fla. 4th DCA 1990).	1	2007–2007

Where else courts name it

FL 5 (1990–2026) GA 2 (1993–2018)

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