Topic: the government is not required to establish prejudice that … · Go Syfert
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Topic #5148

11 canonical passages across 6 cases, quoted by 66 opinions in total. These passages cluster together because the same opinions keep quoting them side by side: they state parts of one doctrine. The anchor passage is from United States v. Gregory Angelo Spencer.

#Case FlagCanonical passage Citers
1 United States v. Gregory Angelo Spencer Anchor
ca6 · 1987
green “the government is not required to establish prejudice that would result from a plea withdrawal, unless and until the defendant advances and establishes a fair and just reason for allowing the withdrawal.” 9
2 United States v. Bernard H. Ellis, Jr.
ca6 · 2006
green “when a defendant has entered a knowing and voluntary plea of guilty at a hearing at which he acknowledged committing the crime, the occasion for setting aside a guilty plea should seldom arise.” 8
3 United States v. Nidal Bazzi (95-1435), Robert Michael Kelly (95-1505)
ca6 · 1996
green “the factors listed are a general, non-exclusive list and no one factor is controlling.” 7
4 United States v. Haygood
ca6 · 2008
green “a district court abuses its discretion where it relies on clearly erroneous findings of fact, or when it improperly applies the law or uses an erroneous legal standard.” 7
5 United States v. Haygood
ca6 · 2008
green “the relevance of each factor will vary according to the circumstances surrounding the original entrance of the plea as well as the motion to withdraw.” 7
6 United States v. Martin
ca6 · 2012
green “a defendant has no right to withdraw his guilty plea.” 6
7 United States v. Bernard H. Ellis, Jr.
ca6 · 2006
green “to allow a hastily entered plea made with unsure heart and confused mind to be undone, not to allow a defendant to make a tactical decision to enter a plea, wait several weeks, and then obtain a withdrawal if he believes he made a bad choice in pleading guilty.” 6
8 United States v. Nidal Bazzi (95-1435), Robert Michael Kelly (95-1505)
ca6 · 1996
green “a general, non-exclusive list and no one factor is controlling.” 4
9 United States v. Nidal Bazzi (95-1435), Robert Michael Kelly (95-1505)
ca6 · 1996
green “are a general, non-exclusive list and no one factor is controlling.” 4
10 United States v. Julio Valdez
ca6 · 2004
green “unjustified 75-day delay, alone, supported the court's denial of a motion to withdraw” 4
11 United States v. Bernard H. Ellis, Jr.
ca6 · 2006
green “the government is not required to establish prejudice that would result from a plea withdrawal, unless and until the defendant advances and establishes a fair and just reason for allowing the withdrawal.” 4

A red or yellow flag on a member means the underlying case has negative treatment: for those, check the case page before relying on the passage.

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