Supreme Court voids some plea appeal waivers over miscarriage of justice

The Supreme Court ruled Thursday that certain plea agreements waiving appeal rights can be set aside if enforcing them would cause a manifest miscarriage of justice. The 8-1 decision, written by Justice Elena Kagan, reversed a Fifth Circuit ruling in a fraud case involving Munson Hunter.

The federal government had charged Hunter with 10 counts of bank and wire fraud. Prosecutors offered to drop nine charges carrying up to 300 years in prison if he pleaded guilty to one lesser offense. Hunter signed the deal, which included broad waivers of his right to appeal his conviction and sentence.

At sentencing the district court added a requirement that Hunter take mental health medication to qualify for supervised release. The Fifth Circuit dismissed his appeal based on the waiver. The Supreme Court held that courts may void an appeal waiver when enforcement would undermine judicial integrity.

Justice Neil Gorsuch filed a concurrence joined by Justices Sonia Sotomayor and Ketanji Brown Jackson. Justice Brett Kavanaugh wrote separately, joined by Justices Amy Coney Barrett and Samuel Alito, to stress the narrow scope of the new exception. Justice Clarence Thomas dissented alone.

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