Is there a waiver or forfeiture of a right?
MultiRegion, United States of America
The following excerpt is from U.S. v. McFarland, 34 F.3d 1508 (9th Cir. 1994):
7 As described above, there was no waiver here. Waiver requires intentional relinquishment of a known right. Olano, --- U.S. at ----, 113 S.Ct. at 1777 (citing Johnson v. Zerbst, 304 U.S. 458, 58 S.Ct. 1019, 82 L.Ed. 1461 (1938)). Forfeiture, by contrast, is the failure to timely assert a right. Id.
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