| 1953 - 1330 páginas
...presumption against such waiver; the determination of whether there has been an intelligent waiver of right to counsel must depend, in each case, upon the particular facts and circumstances, including the background, experience, and conduct of the accused (Johnson v. Zerbst, 304 US 458, 464.... | |
| United States. Congress. Senate. Committee on the Judiciary - 1963 - 468 páginas
...right or privilege." The following succinct statement from the opinion gives the best explanation : "The determination of whether there has been an intelligent...background, experience, and conduct of the accused." Leaving the determination to the court in each case necessitates more appeals perhaps, but matters... | |
| United States. Congress. House. Committee on the Judiciary - 1976 - 1086 páginas
...(1938). In Johnson the Supreme Court says : ". . . (A) waiver is ordinarily an intentional relinqulshment or abandonment of a known right or privilege. The...determination of whether there has been an Intelligent waiver ot the right . . . must depend, to eac\v case, \K?«>TV. «\ ticular facts and circumstances surrounding... | |
| Anne H. Nelson - 1978 - 708 páginas
...of Bights Under Miranda, 19 AM. JUR. PROOF OF FACTS, ANNOTATED §§ 1-50. 23. 304 US 458 (1938). 24. A waiver is ordinarily an intentional relinquishment...background, experience, and conduct of the accused. Id. at 464 (emphasis added). 25. Id. The Johnson v. Zerbst standard was rearticulated in Escobedo and... | |
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