"The right to appeal at least once without obtaining prior court approval is nearly universal. [A]lthough its origins are neither constitutional nor ancient, the right has become, in a word, sacrosanct., 2 Likewise, the criminal defendant's right to utilize appellate rights as a bargaining chip meets with widespread acceptance; nearly every circuit allows criminal defendants to waive their rights to appeal in conjunction with plea bargain agreements.3 The circuits disagree, however, concerning whether a defendant's waiver of appellate rights remains valid if a district court judge fails to explicitly discuss the waiver with the defendant during a Rule 11 colloquy4 and later advises the
Ginger K. Gooch,
Message to Criminal Defendants--Waive at Your Own Risk: The Eight Circuit Enforces Waivers of Appellate Rights, The,
64 Mo. L. Rev.
Available at: https://scholarship.law.missouri.edu/mlr/vol64/iss2/5