No. 21-1226

Michael Washington v. Florida Department of Transportation

Lower Court: Florida
Docketed: 2022-03-09
Status: Denied
Type: Paid
Response Waived
Tags: appellate-review civil-procedure constitutional-waiver counsel-representation due-process forfeiture fundamental-rights right-to-counsel sixth-amendment trial-rights waiver
Latest Conference: 2022-04-14
Question Presented (from Petition)

Whether the reasoning in Olano applies in a civil context where the failure of a party's counsel to object to closing argument due to misconduct or negligence is an "intentional relinquishment or abandonment of a known right" by the party himself that affirmatively waives the fundamental right to a new trial, or is instead a forfeiture, which does not wholly foreclose appellate review by the State's highest court?

Question Presented (AI Summary)

Whether the reasoning in Olano applies in a civil context where the failure of a party's counsel to object to closing argument due to misconduct or negligence is an 'intentional relinquishment or abandonment of a known right' by the party himself that affirmatively waives the fundamental right to a new trial, or is instead a forfeiture, which does not wholly foreclose appellate review by the State's highest court?

Docket Entries

2022-04-18
Petition DENIED.
2022-03-23
DISTRIBUTED for Conference of 4/14/2022.
2022-03-15
Waiver of right of respondent Florida Department of Transportation to respond filed.
2021-10-06
Petition for a writ of certiorari filed. (Response due April 8, 2022)

Attorneys

Florida Department of Transportation
Matthew John JowannaThe Law Offices of Matthew J. Jowanna, P.A, Respondent
Michael Washington
Michael Washington — Petitioner