Supreme Court of the United States · Official docket →
Michael Washington v. Florida Department of Transportation
Paid petition · District Court of Appeal of Florida, Second District, No. 2D20-2598 · judgment May 26, 2021
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
- Apr 18 2022Petition DENIED.
- Mar 23 2022DISTRIBUTED for Conference of 4/14/2022.
- Mar 15 2022Waiver of right of respondent Florida Department of Transportation to respond filed.
- Oct 06 2021Petition for a writ of certiorari filed. (Response due April 8, 2022)