Terry Duane Qualls, Petitioner v. United States

Terry Duane Qualls is asking the Supreme Court to review an Eighth Circuit case about an appeal waiver (a promise not to appeal) in a federal criminal case. The question is whether that waiver still blocks an appeal when the sentencing judge says the defendant has a right to appeal and the government does not object.

The petition asks whether an appeal waiver still applies after a sentencing judge says the defendant can appeal and the government does not object. No oral argument is scheduled yet.

The answer could affect how much defendants and lawyers can rely on a judge's words at sentencing. For example, someone who signed an appeal waiver might still try to appeal if the judge says he can and prosecutors stay silent.

It asks whether an appeal waiver still bars an appeal after a sentencing judge says the defendant can appeal and prosecutors say nothing.

Federal defendants, prosecutors, and trial judges could all be affected. The Court's answer could shape whether courtroom instructions can undercut written appeal waivers.

The justices will first decide whether to hear the case. Watch for action on the petition or for an oral argument schedule.