What is the difference between a waiver and a forfeiture?
MultiRegion, United States of America
The following excerpt is from United States v. Spruill, 808 F.3d 585 (2nd Cir. 2015):
"Waiver is different from forfeiture." United States v. Olano, 507 U.S. 725, 733, 113 S.Ct. 1770, 123 L.Ed.2d 508, (1993). "Whereas forfeiture is the failure to make the timely assertion of a right, waiver is the intentional relinquishment or abandonment of a known right. " Id. (quoting Johnson v. Zerbst, 304 U.S. 458, 464, 58 S.Ct. 1019, 82 L.Ed. 1461 (1938) ). We have further distinguished the difference between forfeiture and waiver as follows:
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