SCOTUS Wrestles with Appeal Waivers in Guilty Pleas
October 13, 2026 | New York Law Journal
Plea deals that require defendants to give up their right to appeal have become standard fare in federal cases. Courts of appeal have differed, however, on when those waive clauses will be enforced. In their latest New York Law Journal article, Morvillo Abramowitz Grand Iason & Anello PC partners Robert Anello and Richard Albert examine Hunter v. United States, in which the Supreme Court established a narrow “miscarriage of justice” exception to appeal waivers. The authors also look at how the justices’ split concurrences may leave room for creative advocacy on appeal.
