Episode Details
Back to EpisodesOpinion Summary: Hunter v. United States | Judicial Review for Pleas that Cause Egregious Errors
Description
Hunter v. United States | Case No. 24-1063 | Docket Link: Here | Argued: 03/03/2026 | Decided: 06/18/2026
Overview: A plea deal's appeal waiver collides with a forced-medication sentence, pushing the Supreme Court to decide when courts can void a waiver — reshaping appellate rights for the ninety-five percent of federal defendants who plead guilty.
Question Presented: Whether an appeal waiver remains enforceable when enforcing it would create a miscarriage of justice in sentencing.
Posture: Fifth Circuit dismissed Hunter's appeal under the waiver; Court granted certiorari to resolve a split.
Main Arguments:
- Petitioner (Hunter): (1) Contract defenses like frustration of purpose render the waiver unenforceable for egregious sentencing errors; (2) the judge's on-record statement granting appeal rights, paired with the prosecutor's silence, voids the waiver; (3) courts must recognize a miscarriage-of-justice exception to prevent egregious, unconstitutional sentencing conditions from escaping all appellate review.
- Respondent (United States): (1) A knowing and voluntary appeal waiver binds the defendant according to its plain terms; (2) only two narrow exceptions ever excuse a waiver — ineffective assistance and an above-maximum sentence; (3) a broad miscarriage-of-justice exception floods appellate courts and undercuts the value of plea bargaining nationwide.
Holding: An agreement not to appeal a sentence is unenforceable when it would result in a miscarriage of justice — meaning, when it would leave in place the kind of egregious error that would bring the judicial system into disrepute.
Voting Breakdown: 8-1. Justice Kagan wrote the majority opinion joined by Chief Justice Roberts and Justices Alito, Sotomayor, Gorsuch, Kavanaugh, Barrett, and Jackson. Justice Gorsuch filed a concurring opinion joined by Justices Sotomayor and Jackson. Justice Kavanaugh filed a concurring opinion joined by Justices Alito and Barrett. Justice Barrett filed a concurring opinion. Justice Thomas filed a dissenting opinion. Vacated and remanded.
Opinion: Here
Majority Reasoning: (1) Hunter's claim that the judge's statement and prosecutor's silence voided the waiver fails, since the agreement requires written, signed modifications and the government's chance to enforce the waiver arises only after a notice of appeal; (2) courts retain independent authority over plea waivers, since judges must approve every agreement and appellate courts control enforcement; (3) a miscarriage-of-justice standard, requiring an obvious and egregious error, replaces both the government's absolute-enforcement rule and the Fifth Circuit's narrow two-exception rule.
Separate Opinions:
- Justice Gorsuch (concurring): Traces plea bargaining's coercive growth and catalogues a broader set of miscarriage-of-justice examples, including guideline-calculation errors, while questioning whether prospective appeal waivers can ever satisfy the Constitution's knowing-and-voluntary requirement.
- Justice Kavanaugh (concurring): Joins the majority in full but writes separately to argue Gorsuch's reading sets a lower bar than the majority opinion actually adopts.
- Justice Barrett (concurring): Grounds the new rule in "procedural common law" rather than the Court's disputed supervisory power, offering a doctrinal source distinct from the majority's framing.
- Justice Thomas (dissenting): Dissents alone, arguing the majority cites no genuine source of law