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Appeal Waiver Fight Gets High Court Look

June 18, 2018, 1:36 PM

The U.S. Supreme Court today agreed to consider whether an attorney is automatically ineffective for failing to file a notice of appeal even when a defendant waived that as part of a plea deal.

Gilberto Garza, Jr. pleaded guilty to aggravated assault and drug charges. He waived his right to appeal but still asked his attorney to do so. The attorney refused, citing the waiver.

Garza challenged the lawyer’s reluctance on appeal, arguing ineffective assistance. Idaho’s top court rejected his claim.

But “even the broadest waiver leaves open a number of significant issues,” Garza argued in his petition seeking Supreme ...