Is a defendant's waiver of his rights to appeal and to bring a collateral attack enforceable?

MultiRegion, United States of America

The following excerpt is from Fernandez-Perez v. United States, Case No.: 3:16-cr-01294-BEN, Case No.: 3:19-cv-00127-BEN (S.D. Cal. 2020):

"A defendant's waiver of his rights to appeal and to bring a collateral attack is generally enforced if '(1) the language of the waiver encompasses his right to appeal on the grounds raised, and (2) the waiver is knowingly and voluntarily made.'" Davies v. Benov, 856 F.3d 1243, 1246-47 (9th Cir. 2017). "Claims that the plea or waiver itself was involuntary or that ineffective assistance of counsel rendered the plea or waiver involuntary, however, may not be waived." Id. at 1247. Even where a change in the applicable sentencing law arises after a defendant signs a plea agreement, courts will still

Page 16

Other Questions


Is a waiver of rights to appeal and to bring a collateral attack enforceable? (MultiRegion, United States of America)
Can a defendant waiver the right to appeal or collaterally attack a sentence that has yet to be imposed? (MultiRegion, United States of America)
Does a waiver of a right to appeal in a criminal plea agreement prevent a defendant from appealing his sentence? (MultiRegion, United States of America)
Can a defendant raise a constitutional challenge to a conviction if he waives his right to appeal or collaterally attack it? (MultiRegion, United States of America)
Is a waiver of the right to appeal enforceable by the Court of Appeal? (MultiRegion, United States of America)
What is the test for a broad waiver of rights to appeal and collaterally attack? (MultiRegion, United States of America)
Is a knowing and voluntary waiver of a defendant's right to appeal a sentence within the Guidelines range enforceable? (MultiRegion, United States of America)
If a defendant waives the right to appeal against their conviction, is the waiver enforceable? (MultiRegion, United States of America)
Does a waiver of the right to appeal or file a collateral attack apply to a claim of ineffective assistance of counsel? (MultiRegion, United States of America)
Can a defendant collaterally attack his sentence if he waives his right to file a Section 2255 Motion to appeal his sentence? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.