U.S. Supreme Court rules 8-1 for Professor Brent E. Newton's court-appointed client

CARLISLE, PA—On June 18, 2026, the Supreme Court ruled 8-1 for Professor Brent E. Newton's court-appointed client, Munson Hunter, in a case about the enforceability of a waiver of the right to appeal contained in a federal criminal defendant's plea agreement. You can read the court's decision by clicking here.

The court held that such waivers are normally enforceable but carved out an exception for errors that constitute a "miscarriage of justice."

The Fifth Circuit appointed Newton to represent Hunter on his appeal. After the Fifth Circuit appeal was dismissed based on an appellate waiver in Hunter's plea agreement, Newton joined with the law firm of Williams & Connolly in Washington, D.C., in filing a petition for writ of certiorari. The case was argued in March of this year.

The court's decision allows countless federal criminal defendants who entered into plea agreements with appellate waivers to have a chance to try to convince appellate courts that their appeals should be heard based on errors rising to the level of a "miscarriage of justice." Newton will make that argument on Hunter's remand to the Fifth Circuit. The asserted error in Hunter's case is a due process challenge to the district judge's order that Hunter must take mental health medication against his wishes if prescribed by a doctor.

In 2009, Practitioner in Residence Brent E. Newton was appointed as deputy director of the United States Sentencing Commission, a position he held until January 2019. Professor Newton also practices civil, criminal, and immigration law in Maryland and Texas. In addition, he has been a lecturer, adjunct professor, or visiting professor at several other law schools, including American and Georgetown Universities, the University of Houston Law Center, and Seoul National University in South Korea. Professor Newton has been an elected member of the American Law Institute since 2010.