DueProcess FirstAmendment
Does a waiver of appeal procedurally bar a petitioner's appeal arguing that a special condition prohibiting the viewing of sexual material is unconstitutionally vague and overbroad?
QUESTION PRESENTED 1. Does a waiver of appeal, included in a written plea bargain agreement, procedurally bar the Petitioner’s appeal to the Fifth Circuit wherein he argues that the special condition that prohibits the “viewing” of sexual material: (a) offends his right to due process because it is too vague; and (b) violates the First Amendment and the Overbreadth Doctrine. 2. Does a waiver of appeal, included in a written plea bargain agreement, procedurally bar the Petitioner’s appeal to the Fifth Circuit wherein he argues that the application of said special condition violated his right to due process, by legally requiring him to comply with counseling — ostensibly intended to help him overcome the urge to re-offend — but, then revoking his release because he admitted to his counselor that he had watched the Playboy channel? 3. Is the application of the waiver of appeal in these circumstances unconscionable and does it violate basic fairness and traditional contract principles? 2