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Defendant's Plea Was Knowing, Voluntary

By Shari Allison

U.S. v. Vidal, 2009 WL 350653 (2/13/09) (Published) - The 10th holds the defendant's plea was knowing and voluntary. Even though no one thought it was an Alford plea at the time, the 10th characterizes the plea as such because a number of times the defendant insisted she didn't know the drugs were in the car but on occasion expressed a willingness to plead guilty to possessing the drugs with the intent to distribute them. The 10th found there was enough evidence to support the defendant's actual guilt to support an Alford plea, [nervousness, air fresheners, inconsistent stories, the co-defendant's self-serving accusations], and it seemed as though the defendant understood one of the elements was an intent to distribute, suggesting a "knowing and strategic" plea...continue to full post

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