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Court of Appeals joins eight other Circuit Courts in finding legal innocence to be a valid basis for motion to withdraw guilty plea. But in doing so, affirms denial of motion because there was no credible evidence presented of innocence. Assertions alone are insufficient.

By Candace Hom, Melinda Ghilardi, Nancy Rimmer, Sarah Gannett, Renee Pietropaolo and Tieffa Harper

In United States v. James, No. 18-2569 (June 27, 2019), the Court of Appeals, through an opinion by Judge Jordan, affirmed the denial of defendant's motion to withdraw his guilty plea. The defendant was charged with two drug counts.  Pursuant to a plea agreement he entered a guilty plea.  During the colloquy, it was discussed that he had a third grade education, but also that he could read and write.  Months after the plea hearing he filed a pro-se motion to dismiss counsel for ineffectiveness.  In it, he argued he pled guilty to a crime he did not commit because 1) he was afraid  the judge and jury would not believe he was innocent; 2) his lawyer told him the judge was corrupt; 3) his lawyer did not explain the plea agreement; and 4) he did not understand the plea agreement due to his education level...continue to full post

Full post as published by Third Circuit Blog on June 28, 2019 (boomark / email).