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Michael Washington v. Florida Department of Transportation

Paid petition · District Court of Appeal of Florida, Second District, No. 2D20-2598 · judgment May 26, 2021


Certiorari denied · April 18, 2022
Pre-decision estimate: 0% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

This Court has held that a waiver of constitutional rights must be knowing and intelligent. Specifically, “[w]aiver is different from forfeiture. Whereas forfeiture is the failure to make the timely assertion of a right, waiver is the ‘intentional relinquishment or abandonment of a known right.’” United States v. Olano, 507 U.S. 725, 733 (1993) (quoting Johnson v. Zerbst, 304 U.S. 458, 464 (1938)). Additionally, in Johnson v. Zerbst, the Court opined that! it is a duty of trial court to protect the right of the accused to counsel, and, if he has no counsel, to determine whether he has intelligently and competently waived the rig|ht. If the accused is not represented by counsel and has not competently and intelligently waived his constitutional right, the Sixth Amendment stands as a jurisdictional bar to a valid conviction and sentence depriving him of his life or his liberty. P. 468. 5.

Counsel of record

For petitioner
Michael Washington

For respondent
Matthew John Jowanna
The Law Offices of Matthew J. Jowanna, P.A

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Apr 18 2022
    Petition DENIED.
  2. Mar 23 2022
    DISTRIBUTED for Conference of 4/14/2022.
  3. Mar 15 2022
    Waiver of right of respondent Florida Department of Transportation to respond filed.
  4. Oct 06 2021
    Petition for a writ of certiorari filed. (Response due April 8, 2022)