‘The Most Important Criminal Case of the Term’—SCOTUS Takes on Plea Bargaining, ABA Journal

ABA Journal quoted partner Justin Weitz in an article examining the US Supreme Court’s decision in Hunter v. United States, which held that appeal waivers in plea agreements are unenforceable when enforcing them would result in a miscarriage of justice.

The article explores the decision’s implications for plea bargaining and defendants’ appellate rights in federal criminal cases. Justin discussed the uncertainty defendants face when entering federal plea agreements.

“When a defendant signs on the dotted line for a plea agreement, they’re giving away constitutional rights, the right to trial, and their presumption of innocence,” Justin said.

“The idea that you’re giving up your right to appeal, even if something outlandish happens—that was just a problem,” he added.

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Note: Morgan Lewis represented amicus curiae the National Association of Criminal Defense Lawyers in support of the petitioner before the US Supreme Court.