Ohio Supreme Court: Defendant Has Reasonable and Legitimate Basis to Withdraw Guilty Plea Before Sentencing When He Discovers Evidence That Would Have Affected Decision by Douglas Ankney by Douglas Ankney The Supreme Court of Ohio held that Terry Barnes Sr. had a reasonable and legitimate basis to withdraw his guilty …

First Circuit: Defendant Entitled to Withdraw Plea Where Government Withdrew From Plea Agreement Based on Defendant’s Breach by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the First Circuit held that the U.S. District Court for the District of New Hampshire erred by refusing to allow Louis …

Hawaii Supreme Court Announces Five-Factor Test in Determining Whether There’s ‘Fair and Just Reason’ to Withdraw Plea by David Reutter 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. …

Nevada Supreme Court: Defendant Has Right to Withdraw Plea Where He Wasn’t Informed of Range of Possible Punishments by Douglas Ankney by Douglas Ankney The Supreme Court of Nevada held that a district court abused its discretion when denying Jack Paul Banka’s motion to withdraw his Alford plea (North Carolina …

Seventh Circuit: Rehaif Creates Defense and Invalidates Defendant’s Guilty Plea by David Reutter by David M. Reutter The U.S. Court of Appeals for the Seventh Circuit held that a defendant was entitled to withdraw his guilty plea because he had a plausible defense in light of Rehaif v. United States, …

Georgia Supreme Court: Counsel’s Failure to Inform Defendant of Absolute Right to Withdraw Plea Prior to Sentencing Ineffective Assistance by David Reutter by David M. Reutter The Supreme Court of Georgia held a habeas corpus petitioner was denied the effective assistance of counsel due to counsel’s failure to advise him …