Topic: the ultimate test is not the trial court's express advice, … · Go Syfert
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Topic #11423

5 canonical passages across 5 cases, quoted by 33 opinions in total. These passages cluster together because the same opinions keep quoting them side by side — they state parts of one doctrine. The anchor passage is from Peter R. Fitzpatrick v. Louie L. Wainwright.

#Case FlagCanonical passage Citers
1 Peter R. Fitzpatrick v. Louie L. Wainwright Anchor
ca11 · 1986
green “the ultimate test is not the trial court's express advice, but rather the defendant's understanding.” 13
2 Teske v. State
alacrimapp · 1987
green “by a preponderance of the evidence, that he did not intelligently and understandingly waive his right to counsel.” 8
3 Westmoreland v. CITY OF HARTSELL
alacrimapp · 1986
green “a waiver of counsel can only be effectuated when the defendant asserts a 'clear and unequivocal' right to self-representation.” 4
4 Tomlin v. State
ala · 1991
green “although the supreme court in faretta states that a defendant should be made aware of the dangers and disadvantages of self-representation, the supreme court does not require a specific colloquy between the trial judge and the defendant.” 4
5 Coughlin v. State
alacrimapp · 2002
green “it is the lack of counsel, coupled with the absence of a knowing and intelligent waiver thereof, that acts to deny the defendant counsel and to jurisdictionally bar his prosecution.” 4

A red or yellow flag on a member means the underlying case has negative treatment — for those, check the case page before relying on the passage.

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