GREEN

v.

NEW YORK

Citator

Cited By (23 total)

• Torres-Arboledo v. State, 524 So. 2d 403 (Fla. 1988)
  …s issue, the Second District Court in Cutter rejected the position taken by the Colorado Supreme Court in Curtis instead opting for the approach taken by the Wisconsin Supreme Court in State v. Albright, 96 Wis.2d 122, 291 N.W. 2d 487, cert. denied, 449 U.S. 957, 101 S.Ct. 367, 66 L.Ed. 2d 223 (1980). In Albright, which antedated Curtis, the Wisconsin Supreme Court, as did the Colorado Supreme Court, concluded that a defendant has a constitutional right to testify on his own behalf under the due process cla…
• Gill v. State, 632 So. 2d 660 (Fla. 2d DCA 1994)
  …tter v. State, 460 So. 2d 538 (Fla. 2d DCA 1984), we dealt with virtually this same issue and rejected an argument that the error was fundamental. In so doing we adopted the holding in State v. Albright, 96 Wis.2d 122, 291 N.W. 2d 487, cert. denied, 449 U.S. 957, 101 S.Ct. 367, 66 L.Ed.2d 223 (1980), which “asserts that an accused who disagrees with his attorney's advice not to testify must raise his objection on the record at trial. If the accused does not attempt to take the stand, he waives his right to…
• Cutter v. State, 460 So. 2d 538 (Fla. 2d DCA 1984)
  …l court failed to establish in open court on the record that he voluntarily, knowingly, and intelligently waived his right to testify. Appellee, the State of Florida, relying on State v. Albright, 96 Wis.2d 122, 291 N.W. 2d 487 (1980), cert. denied, 449 U.S. 957, 101 S.Ct. 367, 66 L.Ed.2d 223 (1980), asserts that an accused who disagrees with his attorney’s advice not to testify must raise his objection on the record at trial. If the accused does not attempt to take the stand, he waives his right to testify…