A person who has been appropriately informed under section 5234 of this title may waive in writing, or by other record, any right provided by this chapter, if
the court, at the time of or after waiver, finds of record that he has acted with
full awareness of his rights and of the consequences of a waiver and if the waiver
is otherwise according to law. The court shall consider such factors as the person’s
age, education, and familiarity with the English language, and the complexity of the
crime involved. (Added 1971, No. 161 (Adj. Sess.), § 6, eff. date, see note.)
State v. Matthew Webster, 179 A.3d 149 (Vt. 2017). · cites it 2ד, an officer, Detective Couture, introduced himself to defendant as a detective and brought defendant into an interview room.”
State v. Fuller, 660 A.2d 302 (Vt. 1995). · cites it 4דThat statute provides: A person who has been appropriately informed under section 5234 of the title may waive in writing, or by other record, any right provided by this chapter, if the court, at the time of or after waiver, finds of record that he has acted with full awareness…”
State v. Pollard, 657 A.2d 185 (Vt. 1995). · cites it 4ד" 13 V.S.A. § 5237. This standard accords with the general standard we have developed for waiver of the right to representation, which is that the defendant's waiver must be made competently and intelligently.”
State v. Mumley, 2009 VT 48 (Vt. 2009). · cites it 2דDefendant also argued that the detective violated his rights by failing to secure a recorded waiver as required by 13 V.S.A. § 5237. Section 5237 provides that a person who has been informed of his or her right to counsel as required by § 5234 may waive those rights: in writing,…”
State v. Keith, 628 A.2d 1247 (Vt. 1993). · cites it 2ד436, 478-79 (1966), and that the court should have suppressed the second statement because the police did not obtain a signed waiver of his right to counsel, as required by 13 V.S.A. § 5237. He also argues that the court abused its discretion by refusing to dismiss the…”
State v. Ahearn, 403 A.2d 696 (Vt. 1979). “But Rule 6 is more specific as to the requirements for waiving counsel: If the right to counsel is waived, such waiver shall be in writing and signed by the person concerned.”
State v. Ives, 648 A.2d 129 (Vt. 1994). · cites it 2ד2d 1127, 1138-39 (1990) (13 V.S.A. § 5237 requires that waiver of right of needy person to be represented by counsel at public expense must be made by defendant in writing).”
State v. Tribble, 2005 VT 132 (Vt. 2005). “” A defendant can waive his or her right to counsel “if the court, at the time of or after waiver, finds of record that [the defendant] has acted with full awareness of his rights and of the consequences of a waiver and if the waiver is otherwise according to law.”
State v. Caron, 586 A.2d 1127 (Vt. 1990). “Defendant also appeals the denial of his motion to suppress statements, claiming that statements and his waiver of his constitutional rights were obtained in violation of the Vermont Constitution and that the waiver of his right to counsel violated the requirements of the…”
State v. Barron, 2011 VT 2 (Vt. 2011). “In this Court, defendant argued that the interviews violated “his right to counsel under the Sixth Amendment, Article 10 of the Vermont Constitution and the public defender act, 13 V.S.A. § 5237.” The cite to § 5237 was apparently to point out that *207 defendant never made a…”
State v. Robitaille, 2011 VT 135 (Vt. 2011). · cites it 2ד2d 853 (recognizing that a suspect can reinitiate a conversation with police notwithstanding earlier invocation of right to counsel); 13 V.S.A. § 5237 (recognizing that defendant can waive the right to counsel).”
State v. Bean, 658 A.2d 940 (Vt. 1995). “See 13 V.S.A. § 5237. Normally, the elements must be shown by the record of the trial court proceedings, although in a relatively close case the record may be supplemented to show defendant’s actual knowledge and understanding.”
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