Nunez v. United States
Headline: Court grants review, vacates and remands a jailed man’s habeas decision to reconsider an ineffective-assistance claim in light of the Solicitor General’s new position, potentially reopening plea-waiver disputes for the appeals court.
Holding:
- Requires appeals courts to reconsider plea-waiver scope when the Government urges reconsideration.
- Could reopen ineffective-assistance claims after defendants signed plea waivers.
- May create conflicting rulings among federal appeals courts nationwide.
Summary
Background
A man who pleaded guilty to federal drug crimes asked his lawyer to file an appeal, but the lawyer refused. He had signed a plea agreement that included a broad waiver of appellate and collateral review rights. After the lawyer declined to appeal, the man sought relief in federal court, arguing that his lawyer’s failure to file an appeal was ineffective help. The trial court denied relief, and the Seventh Circuit affirmed, reasoning that the plea agreement’s waiver barred the claim. The man then asked the Supreme Court to review the case.
Reasoning
The central question was whether the waiver in the plea deal prevents the man from bringing an ineffective-assistance claim based on his lawyer’s refusal to file an appeal. The Supreme Court did not rule on the merits. Instead, the Court granted review, vacated the Seventh Circuit’s judgment, and sent the case back for further consideration in light of a new argument the Solicitor General presented to the Court. That means the appeals court must reconsider whether the waiver really blocks the claim.
Real world impact
This order can reopen challenges even when defendants signed plea waivers, especially where the Government asks a court to look again at the waiver’s scope. It affects defendants with plea deals, defense lawyers, and appellate courts. The decision is procedural rather than final: the Supreme Court did not decide who ultimately wins, and the appeals court may reach the same result or a different one.
Dissents or concurrances
Justice Scalia wrote a dissent arguing the Court should not vacate another court’s judgment when the Government does not concede the judgment is wrong and that the Solicitor General’s view was weak.
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