WITHDRAWAL OF GUILTY PLEAS IN THE FEDERAL COURTS PRIOR TO SENTENCING

• NCJ Number: 31675
• Journal: Baylor Law Review Volume: 27 Issue: 4 Dated: (FALL 1975) Pages: 793-799
• Author(s): P E GARTNER
• Date Published: 1975
• Length: 7 pages
• Corporate Author: Baylor University
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

EXAMINATION OF WHAT CONSTITUTES AN ABUSE OF DISCRETION BY A TRIAL COURT ATTEMPTING TO APPLY THE 'FAIR AND JUST' STANDARD ESTABLISHED IN THE 1927 CASE OF KERCHEVAL V. UNITED STATES AS IT APPLIES TO PLEA WITHDRAWAL.

Abstract

IN KERCHEVAL, THE UNITED STATES SUPREME COURT HELD THAT THE COURT, IN EXERCISE OF ITS DISCRETION TO ALLOW THE WITHDRAWAL OF GUILTY PLEAS, WILL PERMIT ONE ACCUSED TO SUBSTITUTE A PLEA OF NOT GUILTY AND HAVE A TRIAL IF FOR ANY REASON THE GRANTING OF THE PRIVILEGE SEEMS FAIR AND JUST. COURTS HAVE CONSISTENTLY HELD THAT THERE IS NO ABSOLUTE RIGHT TO WITHDRAWAL OF A GUILTY PLEA AND THAT THE DECISION RESTS WITHIN THE DISCRETION OF THE DISTRICT COURT. UNITED STATES CIRCUIT COURT DECISIONS ON THIS ISSUE, DATING FROM KERCHEVAL THROUGH 1974, ARE CITED AND DISCUSSED. THE AUTHOR POINTS TO A TREND IN THE COURTS' BEING MORE CONCERNED OVER WHETHER THE DEFENDANT RECEIVES A PROPER ADMONISHMENT AS TO THE CONSEQUENCES OF THE PLEA, RATHER THAN IF HE HAS SOME BAISI FOR WANTING TO WITHDRAWAL A GUILTY PLEA AND REQUESTS A JURY TRIAL.