Comments on: Buyer’s remorse http://briefcase8.com/2009/07/31/buyers-remorse/ Case analysis with an attitude Thu, 09 Feb 2012 12:49:27 +0000 hourly 1 http://wordpress.org/?v=3.2.1 By: Brian McGraw http://briefcase8.com/2009/07/31/buyers-remorse/comment-page-1/#comment-61803 Brian McGraw Fri, 31 Jul 2009 12:31:25 +0000 http://briefcase8.com/?p=1861#comment-61803 My experience in the JC in recent years is that most judges fall pretty cleanly into two camps. Either they always grant a motion to withdraw a plea before sentencing or never grant it. The former group, imo, is shrinking. I'm not familiar with too many judges who "grapple" with a middle ground on this. My experience in the JC in recent years is that most judges fall pretty cleanly into two camps. Either they always grant a motion to withdraw a plea before sentencing or never grant it. The former group, imo, is shrinking. I’m not familiar with too many judges who “grapple” with a middle ground on this.

]]> By: Jeff Gamso http://briefcase8.com/2009/07/31/buyers-remorse/comment-page-1/#comment-61802 Jeff Gamso Fri, 31 Jul 2009 12:22:31 +0000 http://briefcase8.com/?p=1861#comment-61802 Since a motion to withdraw should be "freely and liberally" granted before sentencing, I've always figured (and it would be nice to get an appellate court actually to say it) that means there's a presumption in favor of granting that should only be able to be overcome for good cause. I know all the case law says a change of heart isn't a basis for withdrawing, but why the hell not? Since a motion to withdraw should be “freely and liberally” granted before sentencing, I’ve always figured (and it would be nice to get an appellate court actually to say it) that means there’s a presumption in favor of granting that should only be able to be overcome for good cause.

I know all the case law says a change of heart isn’t a basis for withdrawing, but why the hell not?

]]> By: Jim Trotter http://briefcase8.com/2009/07/31/buyers-remorse/comment-page-1/#comment-61801 Jim Trotter Fri, 31 Jul 2009 10:49:19 +0000 http://briefcase8.com/?p=1861#comment-61801 But does a change of heart also mean something. It seems to me that Chaz while protesting his innonence to you did not indicate the same to the trial court. He plead then talked with his family and then decided he wanted a trial. Should he not have talked with his family before the plea? You did tell him that he was probably getting shipped. Was the plea a one-day offer? I do appreciate that the factors are for an appellate court not a trial court. But what should a trial court consider? And can a judge also consider, in thier mind, the fact that he or she tends to punish more harshly after hearing the facts at a trial. Perhaps the judge is actually saving your client a few years in jail. But does a change of heart also mean something. It seems to me that Chaz while protesting his innonence to you did not indicate the same to the trial court. He plead then talked with his family and then decided he wanted a trial. Should he not have talked with his family before the plea? You did tell him that he was probably getting shipped. Was the plea a one-day offer? I do appreciate that the factors are for an appellate court not a trial court. But what should a trial court consider? And can a judge also consider, in thier mind, the fact that he or she tends to punish more harshly after hearing the facts at a trial. Perhaps the judge is actually saving your client a few years in jail.

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