context: Since waiver can be found by implication, it is wholly reasonable to take into consideration such factors as status, that is, the sophistication and other defining and relevant characteristics.
citation_a.signal: no signal
citation_a.identifier: 58 S.Ct. 1019, 1023
citation_a.parenthetical: "the determination of whether there has been an intelligent waiver of right to counsel must depend, in each case, upon the particular facts and circumstances surrounding that case, including the background, experience, and conduct of the accused."
citation_a.sentence: Johnson v. Zerbst, 304 U.S. 458, 464, 58 S.Ct. 1019, 1023, 82 L.Ed. 1461 (1938)(“the determination of whether there has been an intelligent waiver of right to counsel must depend, in each case, upon the particular facts and circumstances surrounding that case, including the background, experience, and conduct of the accused.”); see AT & T V, 307 F.3d at 1380 (sophisticated contractor AT & T waived right to complain about fixed-price term of contract because it never sought price adjustment clause during negotiation phase).
citation_b.signal: see
citation_b.identifier: 307 F.3d 1380, 1380
citation_b.parenthetical: sophisticated contractor AT & T waived right to complain about fixed-price term of contract because it never sought price adjustment clause during negotiation phase
citation_b.sentence: Johnson v. Zerbst, 304 U.S. 458, 464, 58 S.Ct. 1019, 1023, 82 L.Ed. 1461 (1938)(“the determination of whether there has been an intelligent waiver of right to counsel must depend, in each case, upon the particular facts and circumstances surrounding that case, including the background, experience, and conduct of the accused.”); see AT & T V, 307 F.3d at 1380 (sophisticated contractor AT & T waived right to complain about fixed-price term of contract because it never sought price adjustment clause during negotiation phase).