On petition for a Writ of Certiorari to the U.S. Court of Appeals for the District of Columbia Circuit, Case No. 15-3015, on appeal from the U.S. District Court for the District of Columbia, No. 1:13-cr-00253-1
Question Presented
Whether a guilty plea inherently waives a defendant's right to challenge the constitutionality of his statute of conviction.
Argument(s)
Amici seek the Court’s confirmation of the Menna-Blackledge default rule under which a defendant’s right to appellate review of a claim that a statute is unconstitutional is not waived sub silentio through an unconditional guilty plea. The Menna-Blackledge doctrine serves the public interest in testing the constitutionality of criminal statutes. Plea bargaining dominates the criminal justice system. Post-plea challenges to unconstitutional statutes are important. The government's proposed alternatives are no substitute for direct appeal. Rule 11(a)(2) does not provide a meaningful alternative to direct appeal. Collateral review is no substitute for direct appeal under Menna and Blackledge.
