State v. Upton

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that the trial court must ensure any waiver of the right to jury trial is made “knowingly, voluntarily[,] and intelligently”
• concluding that, because ‘‘there was no affirmative showing on the record’’ that defendant personally waived his right to jury trial, state could not prove waiver was knowingly, intelligently and volunta- rily made
• approving of a district court decision that reversed a defendant's conviction and sentence where the defendant's attorney, alone, waived a jury trial
• “When the record contains a written waiver signed by the defendant, the waiver will be upheld.”
• “An effective waiver of a constitutional right must be knowing, voluntary, and intelligent” (citing Brady v. United States, 397 U.S. 742 (1970))
• \The mere fact that Upton remained silent during the trial and did not object to the judge sitting as the fact-finder was insufficient to demonstrate that he agreed with the waiver.\

Source: CourtListener parenthetical corpus (CC0).

Cited by

30 cases in this archive cite this case; the 20 most cited are listed.

• State v. Gore
  Supreme Court of Connecticut· 2008-09-23· cited 70×
• Khadafy Kareem Mullens v. State of Florida
  Supreme Court of Florida· 2016-06-16· cited 70×
• Blair v. State
  Supreme Court of Florida· 1997-08-28· cited 33×
• Chames v. DeMayo
  Supreme Court of Florida· 2007-12-20· cited 30×
• Johnson v. State
  Supreme Court of Florida· 2008-09-18· cited 23×
• Blair v. State
  District Court of Appeal of Florida· 1996-01-10· cited 13×
• Sinkfield v. State
  District Court of Appeal of Florida· 1996-10-16· cited 11×
• & SC14-567 Ronald Knight v. State of Florida & Ronald Knight v. Julie L. Jones, etc.
  Supreme Court of Florida· 2016-12-15· cited 11×
• Anthony Paul Peoples, Jr. v. State of Florida
  District Court of Appeal of Florida· 2018-07-09· cited 11×
• Kelly v. State
  District Court of Appeal of Florida· 2001-10-31· cited 9×
• State v. Morel-Vargas
  Supreme Court of Connecticut· 2022-05-10· cited 8×
• Morris v. State
  District Court of Appeal of Florida· 1996-07-16· cited 5×
• Babb v. State
  District Court of Appeal of Florida· 1999-05-26· cited 5×
• Zinnerman v. State
  District Court of Appeal of Florida· 2008-07-02· cited 4×
• Torres v. State
  District Court of Appeal of Florida· 2010-08-31· cited 4×
• Gerald Walker v. State
  District Court of Appeal of Florida· 2014-10-22· cited 3×
• Espinosa v. State
  District Court of Appeal of Florida· 1996-03-08· cited 3×
• Christie v. State
  District Court of Appeal of Florida· 1999-06-30· cited 3×
• Fuller v. State
  District Court of Appeal of Florida· 2007-11-14· cited 2×
• Westberry v. State
  District Court of Appeal of Florida· 2018-02-14· cited 1×

Cites

7 cases in this archive are cited by this case.

• Brady v. United States
  Supreme Court· 1970-05-04· cited 7,191×
• Tucker v. State
  Supreme Court of Florida· 1990-03-29· cited 57×
• Dumas v. State
  District Court of Appeal of Florida· 1983-09-13· cited 33×
• Dumas v. State
  Supreme Court of Florida· 1985-01-31· cited 14×
• Parker v. State
  District Court of Appeal of Florida· 1994-05-03· cited 9×
• Williams v. State
  District Court of Appeal of Florida· 1983-09-28· cited 4×
• Upton v. State
  District Court of Appeal of Florida· 1994-10-28· cited 3×