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GVR on Collateral Review Waivers

By Kent Scheidegger et al.

In two cases today, the Supreme Court issued grant-vacate-and-remand orders (GVR), directing the Seventh Circuit to take another look based on a new position by the Solicitor General regarding the scope of review waivers in plea agreements. The cases are Nunez v. United States, No. 07-818, and Stephenson v. United States, No. 07-9267. Justice Scalia, joined by Chief Justice Roberts and Justice Thomas, dissents in both cases. His position is that the Court lacks authority to vacate the decision of another court unless it finds or the prevailing party concedes that the judgment is erroneous, as distinguished from a correct judgment for a wrong reason.

Full post as published by Crime and Consequences on June 23, 2008 (boomark / email).