statement could constitute waiver (Illinois) · Go Syfert
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statement could constitute waiver in Illinois

5 Illinois opinions name it 2 courts 1970–2020 0 in the last five years

The cases below were cited by Illinois 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
Miranda v. Arizonagreen
scotus · 1966 · cited in 5 Illinois opinions naming this issue, 1970–2020
2 sentences

2020See Miranda, 384 U.S. at 475 (holding that “[a]n express statement that the individual is willing to make a statement and does not want an attorney followed closely by a statement could constitute a waiver”); People v. Williams, 124 Ill. App. 3d 734, 738 (1984) (“defendant’s conduct in nodding his head constituted an expression of his understanding of his Miranda rights and his following statement to police constituted a valid waiver of those rights”). ¶ 41 Defendant testified at the hearing that he did not understand the meaning of the words Ulloa was using and that he told Ulloa that he unde

1973The Supreme Court, however, goes on to say, 384 U.S. 475 , 16 L.Ed.2d at p. 724 , “If the interrogation continues without the presence of an attorney and a statement is taken, a heavy burden rests on the government to demonstrate that the defendant knowingly and intelligently waived his privilege against self-incrimination and his right to retained or appointed counsel”. # * “An express statement that the individual is willing to make a statement and does not want an attorney followed closely by a statement could constitute a waiver.” The precise contention and argument was recently raised bef

15
People v. Williamsgreen
illappct · 1984 · cited in 1 Illinois opinions naming this issue, 2020–2020
1 sentence

2020See Miranda, 384 U.S. at 475 (holding that “[a]n express statement that the individual is willing to make a statement and does not want an attorney followed closely by a statement could constitute a waiver”); People v. Williams, 124 Ill. App. 3d 734, 738 (1984) (“defendant’s conduct in nodding his head constituted an expression of his understanding of his Miranda rights and his following statement to police constituted a valid waiver of those rights”). ¶ 41 Defendant testified at the hearing that he did not understand the meaning of the words Ulloa was using and that he told Ulloa that he unde

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (12)

CaseCitedYears
People v. Gary green
ny · 1972
2 sentences

1973The Supreme Court, however, goes on to say, 384 U.S. 475 , 16 L.Ed.2d at p. 724 , “If the interrogation continues without the presence of an attorney and a statement is taken, a heavy burden rests on the government to demonstrate that the defendant knowingly and intelligently waived his privilege against self-incrimination and his right to retained or appointed counsel”. # * “An express statement that the individual is willing to make a statement and does not want an attorney followed closely by a statement could constitute a waiver.” The precise contention and argument was recently raised bef

1973The Supreme Court, however, goes on to say, 384 U.S. 475 , 16 L.Ed.2d at p. 724 , “If the interrogation continues without the presence of an attorney and a statement is taken, a heavy burden rests on the government to demonstrate that the defendant knowingly and intelligently waived his privilege against self-incrimination and his right to retained or appointed counsel”. # * “An express statement that the individual is willing to make a statement and does not want an attorney followed closely by a statement could constitute a waiver.” The precise contention and argument was recently raised bef

11973–1973
State v. McKnight green
nj · 1968
1 sentence

1970DRUCKER and ENGLISH, JJ., concur. 1 384 US 436 , 16 L Ed2d 694, 86 S Ct 1602 (1966). 2 For recent examples of the “articulation and the surrounding facts and circumstances” from which this court found waiver of constitutional rights, see People v. Johnson, 112 Ill App2d 148, 251 NE2d 393 and People v. Zepeda, 116 Ill App2d 246, 253 NE2d 598 . 3 See, for example 384 US 436 , at 475: “An express statement that the individual is willing to make a statement and does not want an attorney followed closely by a statement could constitute a waiver.” 4 United States v. Fox, 403 F2d 97 (2nd Cir 1968); b

11970–1970
People v. Zepeda neutral
illappct · 1969
1 sentence

1970DRUCKER and ENGLISH, JJ., concur. 1 384 US 436 , 16 L Ed2d 694, 86 S Ct 1602 (1966). 2 For recent examples of the “articulation and the surrounding facts and circumstances” from which this court found waiver of constitutional rights, see People v. Johnson, 112 Ill App2d 148, 251 NE2d 393 and People v. Zepeda, 116 Ill App2d 246, 253 NE2d 598 . 3 See, for example 384 US 436 , at 475: “An express statement that the individual is willing to make a statement and does not want an attorney followed closely by a statement could constitute a waiver.” 4 United States v. Fox, 403 F2d 97 (2nd Cir 1968); b

11970–1970
People v. Doherty green
cal · 1967
1 sentence

1970DRUCKER and ENGLISH, JJ., concur. 1 384 US 436 , 16 L Ed2d 694, 86 S Ct 1602 (1966). 2 For recent examples of the “articulation and the surrounding facts and circumstances” from which this court found waiver of constitutional rights, see People v. Johnson, 112 Ill App2d 148, 251 NE2d 393 and People v. Zepeda, 116 Ill App2d 246, 253 NE2d 598 . 3 See, for example 384 US 436 , at 475: “An express statement that the individual is willing to make a statement and does not want an attorney followed closely by a statement could constitute a waiver.” 4 United States v. Fox, 403 F2d 97 (2nd Cir 1968); b

11970–1970
People v. Johnson neutral
illappct · 1969
1 sentence

1970DRUCKER and ENGLISH, JJ., concur. 1 384 US 436 , 16 L Ed2d 694, 86 S Ct 1602 (1966). 2 For recent examples of the “articulation and the surrounding facts and circumstances” from which this court found waiver of constitutional rights, see People v. Johnson, 112 Ill App2d 148, 251 NE2d 393 and People v. Zepeda, 116 Ill App2d 246, 253 NE2d 598 . 3 See, for example 384 US 436 , at 475: “An express statement that the individual is willing to make a statement and does not want an attorney followed closely by a statement could constitute a waiver.” 4 United States v. Fox, 403 F2d 97 (2nd Cir 1968); b

11970–1970
State v. Renfrew green
minn · 1968
1 sentence

1970DRUCKER and ENGLISH, JJ., concur. 1 384 US 436 , 16 L Ed2d 694, 86 S Ct 1602 (1966). 2 For recent examples of the “articulation and the surrounding facts and circumstances” from which this court found waiver of constitutional rights, see People v. Johnson, 112 Ill App2d 148, 251 NE2d 393 and People v. Zepeda, 116 Ill App2d 246, 253 NE2d 598 . 3 See, for example 384 US 436 , at 475: “An express statement that the individual is willing to make a statement and does not want an attorney followed closely by a statement could constitute a waiver.” 4 United States v. Fox, 403 F2d 97 (2nd Cir 1968); b

11970–1970
Duckett v. State green
mdctspecapp · 1968
1 sentence

1970DRUCKER and ENGLISH, JJ., concur. 1 384 US 436 , 16 L Ed2d 694, 86 S Ct 1602 (1966). 2 For recent examples of the “articulation and the surrounding facts and circumstances” from which this court found waiver of constitutional rights, see People v. Johnson, 112 Ill App2d 148, 251 NE2d 393 and People v. Zepeda, 116 Ill App2d 246, 253 NE2d 598 . 3 See, for example 384 US 436 , at 475: “An express statement that the individual is willing to make a statement and does not want an attorney followed closely by a statement could constitute a waiver.” 4 United States v. Fox, 403 F2d 97 (2nd Cir 1968); b

11970–1970
Soolook v. State green
alaska · 1968
1 sentence

1970DRUCKER and ENGLISH, JJ., concur. 1 384 US 436 , 16 L Ed2d 694, 86 S Ct 1602 (1966). 2 For recent examples of the “articulation and the surrounding facts and circumstances” from which this court found waiver of constitutional rights, see People v. Johnson, 112 Ill App2d 148, 251 NE2d 393 and People v. Zepeda, 116 Ill App2d 246, 253 NE2d 598 . 3 See, for example 384 US 436 , at 475: “An express statement that the individual is willing to make a statement and does not want an attorney followed closely by a statement could constitute a waiver.” 4 United States v. Fox, 403 F2d 97 (2nd Cir 1968); b

11970–1970
People v. Raddatz green
illappct · 1968
1 sentence

1970DRUCKER and ENGLISH, JJ., concur. 1 384 US 436 , 16 L Ed2d 694, 86 S Ct 1602 (1966). 2 For recent examples of the “articulation and the surrounding facts and circumstances” from which this court found waiver of constitutional rights, see People v. Johnson, 112 Ill App2d 148, 251 NE2d 393 and People v. Zepeda, 116 Ill App2d 246, 253 NE2d 598 . 3 See, for example 384 US 436 , at 475: “An express statement that the individual is willing to make a statement and does not want an attorney followed closely by a statement could constitute a waiver.” 4 United States v. Fox, 403 F2d 97 (2nd Cir 1968); b

11970–1970
Guyette v. State green
nev · 1968
1 sentence

1970DRUCKER and ENGLISH, JJ., concur. 1 384 US 436 , 16 L Ed2d 694, 86 S Ct 1602 (1966). 2 For recent examples of the “articulation and the surrounding facts and circumstances” from which this court found waiver of constitutional rights, see People v. Johnson, 112 Ill App2d 148, 251 NE2d 393 and People v. Zepeda, 116 Ill App2d 246, 253 NE2d 598 . 3 See, for example 384 US 436 , at 475: “An express statement that the individual is willing to make a statement and does not want an attorney followed closely by a statement could constitute a waiver.” 4 United States v. Fox, 403 F2d 97 (2nd Cir 1968); b

11970–1970
State v. Gillespie green
njsuperctappdiv · 1968
1 sentence

1970DRUCKER and ENGLISH, JJ., concur. 1 384 US 436 , 16 L Ed2d 694, 86 S Ct 1602 (1966). 2 For recent examples of the “articulation and the surrounding facts and circumstances” from which this court found waiver of constitutional rights, see People v. Johnson, 112 Ill App2d 148, 251 NE2d 393 and People v. Zepeda, 116 Ill App2d 246, 253 NE2d 598 . 3 See, for example 384 US 436 , at 475: “An express statement that the individual is willing to make a statement and does not want an attorney followed closely by a statement could constitute a waiver.” 4 United States v. Fox, 403 F2d 97 (2nd Cir 1968); b

11970–1970
Penn v. Commonwealth green
va · 1969
1 sentence

1970DRUCKER and ENGLISH, JJ., concur. 1 384 US 436 , 16 L Ed2d 694, 86 S Ct 1602 (1966). 2 For recent examples of the “articulation and the surrounding facts and circumstances” from which this court found waiver of constitutional rights, see People v. Johnson, 112 Ill App2d 148, 251 NE2d 393 and People v. Zepeda, 116 Ill App2d 246, 253 NE2d 598 . 3 See, for example 384 US 436 , at 475: “An express statement that the individual is willing to make a statement and does not want an attorney followed closely by a statement could constitute a waiver.” 4 United States v. Fox, 403 F2d 97 (2nd Cir 1968); b

11970–1970

Where else courts name it

NY 8 (1967–1983) IL 5 (1970–2020) PA 5 (1970–1976) RI 4 (1973–1982) TX 3 (1967–1976) MI 3 (1970–1982) KS 2 (1978–1980) MS 2 (2007–2010) OR 2 (1968–1968) DC 2 (1980–1980) AK 2 (1969–1991) MD 2 (1969–1970) AZ 2 (1971–1983) NC 2 (1975–1978) NJ 2 (1968–1968) CO 2 (1972–1981)

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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