| United States. Supreme Court - Courts - 1975 - 1308 pages
...insists that his mere voluntary absence from his trial cannot be construed as an effective waiver, that is, "an intentional relinquishment or abandonment of a known right or privilege," Johnson v. Zerbst, 304 US 458, 464 (1938), unless it is demonstrated that he knew or had been expressly... | |
| United States. Congress. Senate. Committee on Foreign Relations - Canada - 1977 - 300 pages
...REPS. 82. 118 Treaty art. IV, para. 2. ".Id. art. V, para. i. 120 The classic definition of waiver is "an intentional relinquishment or abandonment of a known right or privilege." Johnson v. Zerbst, 304 US 458, 464 (1938). 121 See, eg, Fay v. Noia, 372 US. 391, 438-39 (1963) (waiver... | |
| United States. Congress. Senate. Committee on Foreign Relations - Canada - 1977 - 300 pages
...REPS. 82. "'Treaty art. IV, para. 2. "9/<f. art. V, para. i. 120 -T,he classic definition of waiver is "an intentional relinquishment or abandonment of a known right or privilege." Johnson v. Zerbst, 304 US 458, 464 (1938). 121 See, .eg, Fay v. Noia, 372 VS. 391, 438-39 (1963) (waiver... | |
| Yoram Dinstein - Political Science - 1989 - 400 pages
...waiver? The classic definition of "waiver" as determined by the Supreme Court of the United States is: "An intentional relinquishment or abandonment of a known right or privilege." 48 This treats the police and prosecution harshly by requiring the interrogee to be aware of his right... | |
| James R. Acker, David C. Brody - Law - 2004 - 1342 pages
...Ct. 1019, 82 L. Ed. 1461 (1938)] waiver standard, and the means of applying it, are familiar: Waiver is "an intentional relinquishment or abandonment of a known right or privilege ; " and whether such a relinquishment or abandonment has occurred depends "in each case, upon the particular... | |
| Cary Federman - Social Science - 2012 - 256 pages
...rule, and federalism. A deliberate bypass, which constitutes a "waiver" 57 of one's federal claims, is "an intentional relinquishment or abandonment of a known right or privilege." Although Noia's bypass of his state appellate remedies was deliberate—he feared a death sentence... | |
| Michael A. Cretacci - Law - 2008 - 434 pages
...insists that his mere voluntary absence from his trial cannot be construed as an effective waiver, that is, 'an intentional relinquishment or abandonment of a known right or privilege.'" "[W]e cannot accept this position. . . . The right at issue is the right to be present, and the question... | |
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