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Hawaii Supreme Court Announces Five-Factor Test in Determining Whether There’s ‘Fair and Just Reason’ to Withdraw Plea
Loaded on Oct. 15, 2021
by David Reutter
published in Criminal Legal News
November, 2021, page 24
Filed under:
Grounds For Withdrawal.
Location:
Hawaii.
by David M. Reutter
The Supreme Court of Hawaii held that a trial court abused its discretion in denying a defendant’s motion to withdraw his no contest plea before sentencing. The Court’s ruling announced a five-factor test for trial courts to use in evaluating whether a fair and just reason ...
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More from this issue:
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- Ninth Circuit: Alleged Denial of Hepatitis C Treatment to Federal Prisoner in Washington Presents Valid Bivens Claim, July 1, 2024
- $15,000 Net Award for Georgia Prisoner’s Delayed Hep-C Treatment, July 1, 2024
- CoreCivic Sued by Former Detainee Stabbed at Shuttered Kansas Jail, July 1, 2024
- Seventh Circuit Finds No Problem With Surveillance of Chicago Detainees on Toilets, July 1, 2024
- Colorado Jail Guard Must Stand Trial for Opening Accused Sex Offender’s Cell, Subjecting Him to Assault, July 1, 2024
- Federal Sentencing Guidelines Place Heavy Burden on Incarcerated Victims of Sexual Assaults, July 1, 2024
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More from these topics:
- Ohio Supreme Court: Defendant Has Reasonable and Legitimate Basis to Withdraw Guilty Plea Before Sentencing When He Discovers Evidence That Would Have Affected Decision, Feb. 15, 2023. Evidence - Failure to Disclose, Grounds For Withdrawal.
- First Circuit: Defendant Entitled to Withdraw Plea Where Government Withdrew From Plea Agreement Based on Defendant’s Breach, Nov. 15, 2021. Knowingly and Voluntarily Made, Grounds For Withdrawal.
- Nevada Supreme Court: Defendant Has Right to Withdraw Plea Where He Wasn’t Informed of Range of Possible Punishments, Feb. 15, 2021. Grounds For Withdrawal, Alford plea.
- Seventh Circuit: Rehaif Creates Defense and Invalidates Defendant’s Guilty Plea, Sept. 15, 2020. Grounds For Withdrawal.
- Georgia Supreme Court: Counsel’s Failure to Inform Defendant of Absolute Right to Withdraw Plea Prior to Sentencing Ineffective Assistance, Aug. 15, 2020. Ineffective Assistance of Counsel, Grounds For Withdrawal.