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No Factual Basis Required for Nolo Contendre Plea Where Innocence Not Asserted; IAC Claims Rejected

By Shari Allison

Green v. Koerner, 2009 WL 347457 (2/12/09) (unpub'd) - The state courts were not required to establish a factual basis for the petitioner's nolo contendere plea because she did not assert her innocence. The petitioner's assertion that she had evidence to challenge her guilt did not constitute an assertion of innocence. In any event, new evidence---in this case new developments in fire investigation science---cannot undermine the factual basis at the time of the plea. And, in any event, there was substantial evidence against the petitioner aside from the allegedly faulty fire investigation evidence. There was no ineffective assistance of counsel in failing to anticipate new developments in fire investigation science.

Full post as published by Tenth Circuit Blog on February 17, 2009 (boomark / email).