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· 2/14/2000

In Re the Jeffrey S. Gordon Irrevocable Trust, 98-5311 (2000)

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • noting that bald post-sentence assertion of innocence, alone, does not establish manifest injustice
  • establishing that “a guilty plea must be knowingly, voluntarily and intelligently entered[]”
  • “[n]othing in our jurisprudence supports” proposition that assertion of innocence alone is sufficient to satisfy defendant’s burden when seeking post-sentence withdrawal of plea
  • assertions of innocence are relevant only in context of pre-sentence motions to withdraw guilty pleas; post-sentence claims of innocence do not demonstrate manifest injustice
  • courts review the “totality of the circumstances” to determine whether a defendant entered a voluntary, intelligent, and knowing plea
  • “[A]fter the court has imposed a sentence, a defendant can withdraw his guilty plea only where necessary to correct a manifest injustice. … A manifest injustice occurs when a plea is not tendered knowingly, intelligently, voluntarily, and understandingly.”

Source: CourtListener parenthetical corpus (CC0).

Judges: <bold><underline>SILVERSTEIN, J.</underline></bold>

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.