ANTHONY DUMAS, PETITIONER,

v.

STATE OF FLORIDA, RESPONDENT

Citator

Cited By (15 total)

• State v. Upton, 658 So. 2d 86 (Fla. 1995)
  …ecord contains a written waiver signed by the defendant, the waiver will be upheld. Parker v. State, 636 So. 2d 794 (Fla. 1st DCA), review denied, 642 So. 2d 747 (Fla.1994); Dumas v. State, 439 So. 2d 246 (Fla. 3d DCA 1983) (en banc), review denied, 462 So. 2d 1105 (Fla.1985). While conceding that rule 3.260 “arguably requires” the waiver to be signed by the defendant, the State argues that Upton’s failure to sign the waiver constituted mere technical noncomplianee with the rule. The State asserts that implic…
• Blair v. State, 698 So. 2d 1210 (Fla. 1997)
  …jury that had been sworn.” Id. at 1239. See also Dumas v. State, 439 So. 2d 246, 253 n. 8 (Fla. 3d DCA 1983) (en banc) (reasoning that since defendants have fundamental right to jury trial, infringement of right is fundamental error), review denied, 462 So. 2d 1105 (Fla.1985). From the record it appears that Blair chose among several options and made an informed tactical decision to take his chances with this particular jury. The fact that Blair did not get the result he desired does not make his waiver any le…
• Thompson v. Crawford, 479 So. 2d 169 (Fla. 3d DCA 1985)
  …Thompson could not have waived this right. See Alexander v. State, 380 So. 2d 1188, 1190 (Fla. 5th DCA 1980). A waiver of jury trial must be made knowingly and voluntarily. See Dumas v. State, 439 So. 2d 246 (Fla. 3d DCA 1983)(en banc), rev. denied, 462 So. 2d 1105 (Fla.1985). We decline to presume a waiver from the circumstances of this case. “This was to be a jury-tried case, and jeopardy could not attach until the jury was empaneled.” United States v. Lasater, 535 F. 2d 1041, 1047 (8th Cir.1976) (footnote o…

Authorities Cited

• Dumas v. State, 439 So. 2d 246 (Fla. 3d DCA 1983)
• Cirio v. State, 440 So. 2d 650 (Fla. 2d DCA 1983)
• Johnson v. State, 411 So. 2d 1023 (Fla. 2d DCA 1982)