Tucker v. State

How courts have described this case

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

• holding that best practice is to obtain \both a personal on-the-record waiver and a written waiver\
• indicating that oral inquiry in addition to a written waiver is the better practice
• approving district court’s opinion affirming the defendant’s conviction after an oral waiver of the jury trial right because it was made knowingly and intelligently, and “[t]echnical noncompliance with a rule of procedure is permissible if there is no harm to the defendant”
• \An appropriate oral colloquy will focus a defendant's attention on the value of a jury trial and should make a defendant aware of the likely consequences of the waiver.\
• Defendant not afforded relief where transcript reflected knowing, intelligent waiver of right to PSL
• “If the defendant has been advised by counsel 10 about the advantages and disadvantages of a jury trial, then the colloquy will serve to verify the defendant’s understanding of the waiver.”

Source: CourtListener parenthetical corpus (CC0).

Cited by

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

• Guzman v. State
  Supreme Court of Florida· 2003-11-20· cited 147×
• Bryant v. State
  Supreme Court of Florida· 2005-04-28· cited 82×
• State v. Gore
  Supreme Court of Connecticut· 2008-09-23· cited 70×
• Blair v. State
  Supreme Court of Florida· 1997-08-28· cited 33×
• State v. Upton
  Supreme Court of Florida· 1995-07-20· cited 33×
• Johnson v. State
  Supreme Court of Florida· 2008-09-18· cited 23×
• Williams v. State
  District Court of Appeal of Florida· 1999-04-14· cited 15×
• 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×
• Anthony Paul Peoples, Jr. v. State of Florida
  District Court of Appeal of Florida· 2018-07-09· cited 11×
• Sansom v. State
  District Court of Appeal of Florida· 1994-09-14· cited 10×
• Kelly v. State
  District Court of Appeal of Florida· 2001-10-31· cited 9×
• Parker v. State
  District Court of Appeal of Florida· 1994-05-03· cited 9×
• Scruggs v. State
  District Court of Appeal of Florida· 2001-04-25· cited 8×
• Johnson v. State
  District Court of Appeal of Florida· 2006-11-29· cited 8×
• State v. Lomax
  Ohio Court of Appeals· 2006-03-24· cited 7×
• Harringer v. State
  District Court of Appeal of Florida· 1990-09-12· cited 6×
• Hyler v. State
  District Court of Appeal of Florida· 1999-05-19· cited 5×
• Flanning v. State
  District Court of Appeal of Florida· 1992-04-07· cited 5×
• Morris v. State
  District Court of Appeal of Florida· 1996-07-16· cited 5×

Cites

9 cases in this archive are cited by this case.

• Boykin v. Alabama
  Supreme Court· 1969-06-02· cited 12,640×
• Brady v. United States
  Supreme Court· 1970-05-04· cited 7,191×
• Duncan v. Louisiana
  Supreme Court· 1968-05-20· cited 3,740×
• Hoffman v. State
  Supreme Court of Florida· 1981-04-09· cited 34×
• Enrique v. State
  District Court of Appeal of Florida· 1981-12-22· cited 26×
• Tosta v. State
  District Court of Appeal of Florida· 1977-09-27· cited 20×
• Ringemann v. State
  District Court of Appeal of Florida· 1989-06-28· cited 7×
• Shuler v. State
  District Court of Appeal of Florida· 1985-02-06· cited 5×
• Tucker v. State
  District Court of Appeal of Florida· 1989-08-02· cited 4×