Guilty Plea

Nov 12, 2019

Criminal Law: Guilty Plea-Withdrawal

Where a defendant in a case involving theft of government property sought to withdraw her guilty plea, the record showed that the plea was entered into knowingly and voluntarily, and […]

Nov 1, 2019

Criminal Law: Guilty Plea-Competency

Where a defendant’s counsel argued that his client’s competency at the plea-entry stage was an issue for appeal, the district court did not err in finding that the defendant was […]

Oct 14, 2019

Criminal Law: Guilty Plea-Withdrawal

Where an inmate appealed the denial of his request to withdraw his guilty plea for drug and firearm offenses, the plea hearing transcript showed that the inmate understood the plea […]

Sep 18, 2019

Criminal Law: Right to Self-Representation-Waiver-Guilty Plea

Where a defendant argued that he was denied his Sixth Amendment right to self-representation, in a case of first impression the appellate court holds that the defendant waived his challenge […]

Sep 5, 2019

Criminal Law: Making Threats against Federal Officer-Guilty Plea-Inquiry into Fitness to Make Plea

Defendant pleaded guilty to making threats against a federal officer’s family. The district court sentenced defendant to time served along with two years’ supervised release. On appeal, defendant challenged the […]

Aug 30, 2019

Criminal Law: Abusive Sexual Contact-Guilty Plea-Withdrawal of Plea

Defendant pleaded guilty to abusive sexual contact. At sentencing, defendant unsuccessfully moved to withdraw his guilty plea, alleging that he had not fully understood some of the consequences of his […]

Jul 22, 2019

Criminal Law: Post-Conviction Relief-Guilty Plea-Deportation Consequences

Where a defendant challenged the denial of post-conviction relief after his guilty plea, the trial court did not err in denying the motion because the plea counsel had no duty […]

May 23, 2019

Criminal Law: Appeal Waiver-Guilty Plea

Where a defendant filed a pro se brief, arguing that his guilty plea was involuntary due to cognitive impairments from medication, the record showed that he assured the district court […]

Mar 25, 2019

Criminal Law: Forgery-Post-Conviction Relief-Guilty Plea

Defendant pleaded guilty to forgery. Defendant subsequently moved for post-conviction relief, arguing that trial counsel was ineffective for failing to move to dismiss the charge for lack of a […]

Mar 11, 2019

Criminal Law: Possession of a Stolen Firearm-Guilty Plea-Acceptance-of-Responsibility Reduction

Defendant was convicted of possession of a stolen firearm and acquitted of underlying burglary and larceny charges, after defendant had pleaded guilty to other burglary and larceny charges. The […]

Mar 11, 2019

Criminal Law: Guilty Plea-Motion To Withdraw

Where a defendant sought to withdraw his guilty plea after pleading guilty to conspiracy to commit bank larceny, the judgment is affirmed because the terms of the defendant’s plea […]

Mar 4, 2019

Criminal Law: Post-Conviction Relief, Guilty Plea, Factual Basis

Where a defendant challenged the denial of her motion for post-conviction relief, the judgment is affirmed because the trial court did not err in refusing to hold an evidentiary […]