Eighth Circuit· 3/9/1994

United States v. Derek E. Yell

Citations

18 F.3d 581
1994 U.S. App. LEXIS 4095
1994 WL 68185

How courts have described this case

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

holding that the defendant has the burden of proving a \fair and just\ reason for withdrawal of a guilty plea
holding that the defendant’s “claim that he suffered from mental stress is spurious and without credible foundation, and is not a fair and just reason to allow him to withdraw his plea”
finding a defendant failed to meet his burden because he was fully informed, the court performed a colloquy into his understanding, and his claim of stress was “without credible foundation”
defendant must show justification for withdrawing plea; claim that defendant was under mental stress when he pleaded guilty did not warrant withdrawal of plea
standard of review; whether defendant has accepted responsibility is factual question which depends largely on credibility assessments by sentencing court
spurious and incredible claim that guilty plea was involuntary result of mental stress is not fair and just reason permitting withdrawal

Source: CourtListener parenthetical corpus (CC0).

Judges: Gibson, Ross, Arnold

Read full opinion on CourtListener

Cited by

25 cases in this archive cite this case; the 20 most cited are listed.

Cites

6 cases in this archive are cited by this case.

Sourced from CourtListener / Free Law Project (CC0).

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