People v. Schneider

Judge BRIGGS

dissenting.

I agree that a defendant has the right to request permission to withdraw an Alford plea when the alleged victim of domestic sexual abuse recants. However, I disagree with the additional position the majority takes that when, as here, a court finds only that there are “no obvious flaws” in either the initial accusations or the later recantation, the convicted sex abuser is entitled to a new trial. Because recantations by victims of domestic sexual abuse are inherently unreliable, I would require, before permitting a defendant to withdraw an Alford plea, that the court…