· 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>
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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