Supreme Court Rules Defendants Can Sometimes Appeal Despite Appellate Waivers

In a significant decision for criminal defendants, the U.S. Supreme Court ruled that individuals who signed appellate waivers as part of a plea agreement may still be able to challenge certain aspects of their sentence in some circumstances.

The case, Hunter v. United States, clarifies that appellate waivers are not absolute. If enforcing the waiver would result in a “miscarriage of justice,” courts may allow the appeal to proceed.

What the Supreme Court Decided

The Court held by an 8-1 vote that appellate waivers in plea agreements have limits. While these waivers are generally enforceable, they cannot be used to shield truly egregious errors that would undermine public confidence in the justice system.

Justice Elena Kagan, writing for the majority, explained that enforcing a waiver in certain extreme situations could bring the judicial system into disrepute. The decision vacated the Fifth Circuit’s ruling and sent the case back for further review under this new standard.

Why This Matters

Most federal plea agreements contain broad appellate waivers. These waivers prevent defendants from appealing their conviction or sentence in most situations. However, the Supreme Court has now made clear that there are exceptions when fundamental fairness is at stake.

This ruling is particularly relevant in cases involving:

• Unusual or overly harsh supervised release conditions
• Sentencing errors that are extreme or fundamentally unfair
• Situations where the waiver itself was not knowing and voluntary

What This Means for Clients in Mississippi

For individuals facing federal charges in Mississippi and across the Fifth Circuit, this ruling could have real-world implications. Many clients sign plea agreements without fully understanding how restrictive the appellate waivers can be.

While the standard remains high, this decision gives defense attorneys an additional tool when a sentence or condition appears fundamentally unjust.

How We Can Help

At Lowrey, Fortner, & Miri P.A., we closely follow developments at the Supreme Court and Fifth Circuit that affect our clients’ rights. If you or a loved one has been sentenced in federal court and believes part of the sentence may be appealable despite a waiver, we can evaluate your options.

A. Arman Miri is a partner at Lowrey, Fortner, & Miri P.A. in Hattiesburg. He focuses his practice on complex criminal defense and appellate matters in both state and federal court.