DueProcess
Does due process require courts to treat at least some claims as unwaiveable on appeal?
QUESTIONS PRESENTED Garza v. Idaho, 139 S. Ct. 738, 749-50 (2019), holds that a defense attorney offends the Constitution by failing to file a notice of appeal upon the client’s request “regardless of whether the defendant has signed an appeal waiver.” But what if a court swa sponte dismisses an appeal because it finds evidence of a waiver? Both yield the same result: the complete deprivation of the appeal. The questions presented are: 1. Does due process require courts to “treat at least some claims as unwaiveable” on appeal? See Garza, 139 S. Ct. at 145. 2. Does due process guarantee a limited right to appeal? 3. Does an appellate court deny due process, corrupt adversarial process, and exceed its inherent powers by dismissing—sua sponte and prematurely— an appeal because the record shows a waiver? ii