On June 18, 2026, the U.S. Supreme Court held in Hunter v. United States that appellate waivers in plea agreements are not enforceable when doing so would result in a “miscarriage of justice.” The Court rejected arguments that knowing and voluntary appeal waivers must always be enforced, recognizing instead a narrow exception for sentences tainted by obvious and egregious errors that threaten public confidence in the judiciary.

The decision resolves a longstanding circuit split and underscores the judiciary’s independent role in safeguarding the integrity of the criminal justice system. Although appellate waivers remain generally enforceable, Hunter creates a limited pathway for defendants to challenge certain unlawful sentences notwithstanding a waiver provision in a plea agreement.

The case also produced a notable concurrence from Justice Gorsuch, joined by Justices Sotomayor and Jackson, questioning the modern plea-bargaining system and the leverage prosecutors wield in securing guilty pleas and appellate waivers. Read more in this blog post.