Appellate Law

CA1: so that is what an appeal waiver means

By S. COTUS

US v. Pimentel, Nos. No. 06-2432, 06-2616 (unpublished).  The First sayeth:

Where, as here, a defendant agrees to waive his right to appeal but then appeals and does not address the appeal waiver in his appellate brief, "he forfeits any right to contend either that the waiver should not be enforced or that it does not apply."   

But, then the First says that he substantively waived the issues, and if he didn?t he would still lose because he didn?t properly move to withdraw his guilty plea.

Full post as published by Appellate Law and Practice on September 17, 2008 (boomark / email).