Legal Opinion · Dissent

Commonwealth v. Schultz

Superior Court of Pennsylvania

Decided December 17, 1982No. 839Published

1DissentJohnson, Judge

When considering a petition to withdraw a guilty plea submitted to a trial court after sentencing, it is well-established that a showing of prejudice on the order of manifest injustice is required before withdrawal is properly justified. Commonwealth v. Shaffer, 498 Pa. 342, 345, 446 A.2d 591, 593 (1982); Commonwealth v. Starr, 450 Pa. 485, 490-91, 301 A.2d 592, 595 (1973). Because I believe that the majority has failed to apply this standard, and because I am not persuaded that manifest injustice can be shown in the ipstant case, I must dissent.

The majority states that the trial court…

2Cases cited3 opinions

  1. Commonwealth v. ShafferSupreme Court of Pennsylvania · 1982
  2. Commonwealth v. StarrSupreme Court of Pennsylvania · 1973
  3. Commonwealth v. CopperSuperior Court of Pennsylvania · 1980

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