Hunter v. United States was not on my radar screen. But this may be one of the most unexpectedly fascinating cases of the year. The question presented is simple enough. In what cases can a defendant escape a knowing and intelligent waiver of appellate rights.
The top-line vote was 8-1, though as I noted yesterday, the majority splits 2-3-3. Justice Kagan and Chief Justice Roberts were squarely in the majority. Justice Gorsuch, joined by Justices Sotomayor and Jackson, tried to expand the majority opinion. Justice Kavanaugh, joined by Justices Alito and Barrett, felt compelled to say the majority opinion was actually more narrow. This was hardly a usual 8-1 decision.
The dissent by Justice Thomas raised many important points that were completely ignored by the majority. Justice Barrett wrote a partial rejoinder that was very unsatisfying.
