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Court determines federal defendants’ appellate waivers unenforceable if a miscarriage of justice would result (opens in new tab)

In Hunter v\. United States the Supreme Court held that a federal defendant’s waiver of appellate review is unenforceable if it would result in a miscarriage of justice\. Although the court did not decide whether enforcing the defendant’s appellate waiver in his case would constitute a miscarriage of justice, the majority described the circumstances where this standard would be met as “rare” and involving “extreme cases,” and the court described in general terms three examples that would cons...

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