Legal Opinion · Dissent
ANDERSON v. STATE
Court of Criminal Appeals of Oklahoma
Decided May 17, 2018No. Case Number: C-2017-669Published
1Dissent
HUDSON, J., DISSENTING
*768¶1 Rule 4.2(B), Rules of the Oklahoma Court of Criminal Appeals , Title 22, Ch.18, App. (2017) requires that an evidentiary hearing be held on an application to withdraw a guilty plea. However , Rule 4.2(A), Rules of the Oklahoma Court of Criminal Appeals , Title 22, Ch.18, App. (2017) conditions that requirement on an actual request being made for an evidentiary hearing in the application to withdraw guilty plea. In the present case, Petitioner did not request an evidentiary hearing in his motion to withdraw guilty plea. Since Petitioner did not request an evidentiary…
2Cases cited15 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- Harrington v. RichterSupreme Court of the United States · 2011
- North Carolina v. AlfordSupreme Court of the United States · 1970
- United States of America, Appellee-Cross-Appellant v. Jose Gonzalez, Defendant-Appellant-Cross-AppelleeCourt of Appeals for the Second Circuit · 1992
- Simpson v. StateCourt of Criminal Appeals of Oklahoma · 2010
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