WINTERS

v.

LAVINE, COMMISSIONER, DEPARTMENT OF SOCIAL SERVICES OF NEW YORK, ET AL.

Citator

Cited By (29 total)

• Hamblen v. State, 527 So. 2d 800 (Fla. 1988)
  …ting that he had made a knowing and intelligent waiver of all federal rights that he might have asserted after his sentence was imposed and that the state’s determination of his competence to waive such rights was “firmly grounded.” Gilmore v. Utah, 429 U.S. 1012, 1015, 97 S.Ct. 436, 438, 50 L.Ed. 2d 632 (1976) (Burger, C.J., concurring). Also pertinent is the case of Jesse Walter Bishop, who dismissed his attorneys and pleaded guilty to first-degree murder. At the special three-judge sentencing phase, Bish…
• Durocher v. Singletary, 623 So. 2d 482 (Fla. 1993)
  …e instant case is one of first impression for this Court, all of the cases in this citation have held that postconviction proceedings can be waived. See also Demosthenes v. Baal, 495 U.S. 731, 110 S.Ct. 2223, 109 L.Ed.2d 762 (1990); Gilmore v. Utah, 429 U.S. 1012, 97 S.Ct. 436, 50 L.Ed.2d 632 (1976). . Apparently, even Durocher’s mother is reconciled to her son’s decision not to proceed, Teresa Stepinski, Mother Accepts Condemned Son’s Death Wish, The Florida Times-Unión, June 1, 1993, at A-l. . Chief Just…
• Anderson v. State, 574 So. 2d 87 (Fla. 1991)
  …-44, 89 S.Ct. at 1712-13 (citations and footnote omitted). The Court concluded that the constitution requires trial courts to put on the record an affirmative showing that a defendant’s guilty plea was intelligent and voluntary. Cf. Gilmore v. Utah, 429 U.S. 1012, 1013, 97 S.Ct. 436, 437, 50 L.Ed.2d 632 (1976) (stay of execution terminated because record evidence established “that the State’s determinations of his competence knowingly and intelligently to waive any and all such rights [to appeal] were firmly…