Topic: a motion to withdraw a plea of guilty or no contest may be … · Go Syfert
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Topic #976

8 canonical passages across 6 cases, quoted by 251 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 State v. Xie.

#Case FlagCanonical passage Citers
1 State v. Xie Anchor
ohio · 1992
green “a motion to withdraw a plea of guilty or no contest may be made only before sentence is imposed; but to correct manifest injustice the court after sentence may set aside the judgment of conviction and permit the defendant to withdraw his or her plea.” 143
2 State v. Xie
ohio · 1992
green “a defendant does not have an absolute right to withdraw a guilty plea prior to sentencing.” 50
3 State v. Xie
ohio · 1992
green “a trial court must conduct a hearing to determine whether there is a reasonable and legitimate basis for the withdrawal of the plea.” 33
4 State v. Peterseim
ohioctapp · 1980
green “unless it is shown that the trial court acted unjustly or unfairly, there is no abuse of discretion.” 9
5 State v. Jones
ohioctapp · 2011
green “a change of heart or mistaken belief about pleading guilty is not a reasonable basis for withdrawal of a guilty plea.” 6
6 State v. Reed, Unpublished Decision (6-6-2005)
ohioctapp · 2005
green “a motion made pursuant to crim.r. 32.1 is addressed to the sound discretion of the trial court, and the good faith, credibility and weight of the movant's assertions in support of the motion are matters to be resolved by that court.” 4
7 State v. Moore, 06 Co 74 (3-5-2008)
ohioctapp · 2008
green “when none of the factors weigh heavily in the defendant's favor regarding the presentence withdrawal of a guilty plea, a strong inference arises that the plea is being withdrawn merely because of a change of heart about entering the plea.” 3
8 State v. Cuthbertson
ohioctapp · 2000
green “a motion made pursuant to crim.r. 32.1 is addressed to the sound discretion of the trial court, and the good faith, credibility and weight of the movant's assertions in support of the motion are matters to be resolved by that court.” 3

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