5 Idaho opinions name it 2 courts 1992–2020 0 in the last five years
The cases below were cited by Idaho 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.
| Case | Followed | Cited |
|---|---|---|
State v. Mitchellgreen2 sentences1992The presumption is against waiver, State v. Mitchell, 104 Idaho 493 , 660 P.2d 1336 (1983), cert. denied, 461 U.S. 934 , 103 S.Ct. 2101 , 77 L.Ed.2d 308 (1983), and even an express written waiver of Miranda rights, though strong proof of a voluntary waiver, is not conclusive. 1992The presumption is against waiver, State v. Mitchell, 104 Idaho 493 , 660 P.2d 1336 (1983), cert. denied, 461 U.S. 934 , 103 S.Ct. 2101 , 77 L.Ed.2d 308 (1983), and even an express written waiver of Miranda rights, though strong proof of a voluntary waiver, is not conclusive. | 2 | 3 |
State v. Van Nguyengreen1 sentence2019See State v. Nguyen, 122 Idaho 151, 153 , 832 7 Similar to Vasquez, the Ninth Circuit has held that, in addition to the requirements of F.R.C.P. 23(a), there is a “fourth requirement: the waiver must be knowing and intelligent.” Shorty, 741 F.3d at 966 . | 1 | 1 |
State v. Padillagreen2 sentences1992Id. 104 Idaho at 498 , 660 P.2d at 1341 , citing State v. Padilla, 101 Idaho 713, 719 , 620 P.2d 286, 292 (1980). 1992Id. 104 Idaho at 498 , 660 P.2d at 1341 , citing State v. Padilla, 101 Idaho 713, 719 , 620 P.2d 286, 292 (1980). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Idaho. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
State v. Doe
green
2 sentences2019Doe I, 137 Idaho at 523 , 50 P.3d at 1018 . 2019Doe I, 137 Idaho at 523 , 50 P.3d at 1018 . | 1 | 2019–2019 |
United States v. Mala Shorty
green
1 sentence2019See State v. Nguyen, 122 Idaho 151, 153 , 832 7 Similar to Vasquez, the Ninth Circuit has held that, in addition to the requirements of F.R.C.P. 23(a), there is a “fourth requirement: the waiver must be knowing and intelligent.” Shorty, 741 F.3d at 966 . | 1 | 2019–2019 |
Reiter v. Huffman
green
2 sentences1992The presumption is against waiver, State v. Mitchell, 104 Idaho 493 , 660 P.2d 1336 (1983), cert. denied, 461 U.S. 934 , 103 S.Ct. 2101 , 77 L.Ed.2d 308 (1983), and even an express written waiver of Miranda rights, though strong proof of a voluntary waiver, is not conclusive. 1992The presumption is against waiver, State v. Mitchell, 104 Idaho 493 , 660 P.2d 1336 (1983), cert. denied, 461 U.S. 934 , 103 S.Ct. 2101 , 77 L.Ed.2d 308 (1983), and even an express written waiver of Miranda rights, though strong proof of a voluntary waiver, is not conclusive. | 1 | 1992–1992 |
Harvey v. Breeding
green
1 sentence1992The presumption is against waiver, State v. Mitchell, 104 Idaho 493 , 660 P.2d 1336 (1983), cert. denied, 461 U.S. 934 , 103 S.Ct. 2101 , 77 L.Ed.2d 308 (1983), and even an express written waiver of Miranda rights, though strong proof of a voluntary waiver, is not conclusive. | 1 | 1992–1992 |
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.
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.