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The Supreme Court has defined waiver as 'an intentional relinquishment or abandonment of a known right or privilege.' Johnson v. Zerbst, 304 U.S. 458, 464 (1938). Courts should 'indulge every reasonable presumption against waiver,' Aetna Ins. Co. v. Kennedy, 301 U.S. 389, 393 (1937), and they should 'not presume acquiescence in the loss of fundamental rights,' Ohio Bell Tel. Co. v. Public Utilities Comm'n, 301 U.S. 292, 307 (1937). In Carnley v. Cochran, 369 U.S. 506 (1962), the court held: 'Presuming waiver from a silent record is impermissible. The record must show, or there must be an allegation and evidence which ...