RISPO

v.

PENNSYLVANIA

Citator

Cited By

• Dumas v. State, 439 So. 2d 246 (Fla. 3d DCA 1983)
  …rned a plea of guilty instead of a waiver of trial by jury is a crucial distinction. An analogy of Boykin to a waiver of jury trial was rejected by the Ninth Circuit in United States v. Reyes-Meza de Polanco, 422 F. 2d 1304 (9th Cir.), cert. denied, 397 U.S. 1081, 90 S.Ct. 1536, 25 L.Ed.2d 817 (1970), which held that the record, containing a written form signed by the appellant and her trial counsel, adequately reflected a waiver of right to jury trial in the absence of the court’s personal interrogation of…
• Nova v. State, 439 So. 2d 255 (Fla. 3d DCA 1983)
  …counsel, the knowing and voluntary nature of the waiver need not affirmatively appear of record. Dumas v. State, 439 So. 2d 246 (Fla. 3d DCA 1983) (en banc). See also United States v. Reyes-Meza de Polanco, 422 F. 2d 1304 (9th Cir.), cert. denied, 397 U.S. 1081, 90 S.Ct. 1536, 25 L.Ed.2d 817 (1970). In the latter case, it is presumed that the defendant acted knowingly and voluntarily. Dumas v. State, 439 So. 2d 246. The presumption, however, [*263] merely precludes a defendant from asserting that his wai…
• United States v. O'Connell, 841 F.2d 1408 (8th Cir. 1988)
  …ualitatively equivalent. Jackson, 549 F. 2d at 525. Nor are inconsistent defenses a ground for severance. See, e.g., United States v. Hutul, 416 F. 2d 607, 620 (7th Cir.1969), cert. denied, 396 U.S. 1012, 90 S.Ct. 573, 24 L.Ed. 2d 504, reh’g denied, 397 U.S. 1081, 90 S.Ct. 1519, 25 L.Ed.2d 820 (1970). Finally, the roles of the defendants in the drug conspiracy were sufficiently distinct that the jury, aided by the court’s instructions, could compartmentalize the evidence against each. Andrade, 788 F. 2d at…