Is Richards entitled to an evidentiary hearing before deciding whether to withdraw his guilty plea?

MultiRegion, United States of America

The following excerpt is from United States v. Richards, No. 17-2112-cr (2nd Cir. 2019):

Finally, the district court did not err in declining to hold an evidentiary hearing before deciding the motion. "A defendant is not entitled to an evidentiary hearing as a matter of right whenever he seeks to withdraw his guilty plea." United States v. Gonzalez, 970 F.2d 1095, 1100 (2d Cir. 1992). Instead, "the defendant must present some significant questions concerning the voluntariness or general validity of the plea to justify an evidentiary hearing." Id. For the reasons already discussed, Richards did not present any significant questions concerning the voluntariness or general validity of his plea.

Other Questions


What is the test for determining whether a plea of guilty in a civil case against a defendant who was denied an evidentiary hearing? (MultiRegion, United States of America)
Is a District Court judge's "strong feelings" about sexual assault disqualifying him from presiding over an evidentiary hearing to determine whether a plea of guilty should be vacated? (MultiRegion, United States of America)
What is the test for determining whether an evidentiary hearing is necessary in a motion to compel a district court to grant a hearing? (MultiRegion, United States of America)
Does a motion to withdraw a plea of no confidence in a federal criminal case have jurisdiction to withdraw such a plea? (MultiRegion, United States of America)
Is a defendant entitled to an evidentiary hearing on his allegations that his plea was induced by promises of leniency by law enforcement officers? (MultiRegion, United States of America)
Is there an evidentiary hearing to determine whether there is sufficient evidence to hold a hearing? (MultiRegion, United States of America)
In what circumstances will a court order an evidentiary hearing to determine whether the plea was coerced? (MultiRegion, United States of America)
Is a defendant entitled to withdraw a guilty plea simply because his attorney erroneously predicted his sentence? (MultiRegion, United States of America)
Is there an evidentiary hearing to determine whether petitioner is entitled to relief? (MultiRegion, United States of America)
What is the test for a motion to withdraw a guilty plea for abuse of power? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.