Is a motion to withdraw a guilty plea reviewed for abuse of discretion?
MultiRegion, United States of America
The following excerpt is from U.S. v. Greiner, 972 F.2d 1345 (9th Cir. 1992):
A district court's denial of a motion to withdraw a guilty plea is reviewed for abuse of discretion. United States v. Ramos, 923 F.2d 1346, 1358 (9th Cir.1991). While effectiveness of counsel and voluntariness of a guilty plea are reviewed de novo, factual findings underlying a district court's determination of voluntariness are upheld absent clear error. United States v. Signori, 844 F.2d 635, 638 (9th Cir.1988).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the standard of review for a motion to withdraw a guilty plea for abuse of discretion? (MultiRegion, United States of America)
For the purposes of denying a motion for judicial review of a decision by the Board of Arbitration for Justice denying an application to review the denial of the motion, in what circumstances will the motion be reviewed? (MultiRegion, United States of America)
Is a motion to withdraw a guilty plea for abuse of discretion a pre-sentence motion? (MultiRegion, United States of America)
What is the proper standard of review for denying a motion to reopen on the grounds of abuse, abuse and abuse of review? (MultiRegion, United States of America)
What is the standard of review required for a motion to amend a motion where a motion is brought in without a judicial review? (MultiRegion, United States of America)
Can a motion to withdraw a guilty plea for abuse of discretion be denied? (MultiRegion, United States of America)
Are there any differences in the standard of review between a motion to withdraw a guilty plea and the findings of fact supporting the motion? (MultiRegion, United States of America)
Is a motion to withdraw a plea reviewed for abuse of discretion? (MultiRegion, United States of America)
Is a motion denying a motion for reconsideration itself reviewed for abuse of discretion? (MultiRegion, United States of America)
What is the test for abuse of discretion in a motion to withdraw a guilty plea? (MultiRegion, United States of America)
