Does the timing of a waiver application apply to a waiver waiver?
MultiRegion, United States of America
The following excerpt is from United States v. Pinal, Case No. 09-cr-879-JM, Docket No. 110, Docket No. 112 (S.D. Cal. 2012):
3. When the court raises this issue sua sponte, petitioner should be afforded the opportunity to respond. Herbst v. Cook, 260 F.3d 1039, 1043 (9th Cir. 2001). However, because the court relies on the waiver issue and also assesses the merits of petitioner's argument, the timing issue is not dispositive and need not be further briefed.
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