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 sua 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?

Does due process require courts to treat at least some claims as unwaiveable on appeal?