Archived SI output (machine-generated)
Re-decided holding: A knowing and voluntary appeal waiver in a plea agreement is enforceable according to its terms, subject only to the two explicit exceptions in the waiver itself (ineffective assistance of counsel and sentence exceeding statutory maximum).
Archived SI output (machine-generated) · No editorial review recorded
This historical SI draft was machine-generated by software and has no editorial review time on record. Verify its factual and legal claims against the original source before relying on it.
Hunter v. United States Revisions: 6/19/26
Elana Kagan
Re-decided holding: A knowing and voluntary appeal waiver in a plea agreement is enforceable according to its terms, subject only to the two explicit exceptions in the waiver itself (ineffective assistance of counsel and sentence exceeding statutory maximum).
Whether a criminal defendant's knowing and voluntary appeal waiver in a plea agreement is enforceable when the sentence imposes a condition that arguably violates a fundamental constitutional right, and whether the district court's misstatement about appeal rights or the government's silence can void the waiver.
Constitutional concerns with the original
- The majority opinion adopts a 'miscarriage of justice' standard for appeal waiver enforceability that is not derived from the constitutional text or ratification-era understanding, but rather from post-1900 judicial precedent.
- The opinion's reasoning relies on the judiciary's 'independent institutional interest' without grounding that interest in any specific constitutional provision.
- The opinion fails to address whether the mandatory-medication condition actually violates a fundamental liberty interest under the Fifth Amendment Due Process Clause, instead resolving the case on procedural waiver grounds.
Solution text
Operative provisions
Bipartisan rationale
A textualist holding respects the parties' contract and the district court's finding of knowing and voluntary waiver, which both conservative originalists and liberal advocates of procedural regularity can support. Conservatives value finality and respect for written agreements; liberals value the rule of law and predictability in plea bargaining. The 'miscarriage of justice' exception is an invention of judge-made law that undermines both values.
Constitutional citations
- → Fifth Amendment Due Process Clause
- → Article III, Section 2, Clause 1 (judicial power over cases and controversies)
- → Article I, Section 8, Clause 18 (Necessary and Proper Clause, though not directly implicated here)
Amendment V Article III, Section 2, Clause 1 Article I, Section 8, Clause 18
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Generated by VFA SI Solutions · 2026.06.20 06:01 UTC · ← Back to the Republic