Legal Opinion

State v. Lankford

Court of Appeals of North Carolina

Decided July 2, 2019No. COA18-854PublishedCited by 4 opinions

1Opinion of the Court

MURPHY, Judge.

*212 Where a defendant moves to withdraw his plea of guilty or no contest before sentencing but after he has been informed of his sentence by the presiding judge, such *111 motion need only be granted where a trial court's denial would result in a manifest injustice. Here, Defendant, Benjamin Curtis Lankford, moved to withdraw his plea of no contest more than two months after he was told his sentence by the trial court. The trial court's denial of Defendant's motion did not result in a manifest injustice, and is affirmed.

BACKGROUND

Defendant was indicted for fleeing to elude arrest,…

2Cases cited7 opinions

  1. State v. HandySupreme Court of North Carolina · 1990
  2. State v. OlishWest Virginia Supreme Court · 1980
  3. Mahoney v. Ronnie's Road Service, Indian Head Industries, Inc.Court of Appeals of North Carolina · 1996
  4. State v. MeyerSupreme Court of North Carolina · 1992
  5. State v. MeyerSupreme Court of North Carolina · 1992

2 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. State v. ChavisCourt of Appeals of North Carolina · 2021
  2. State v. ChavisCourt of Appeals of North Carolina · 2021
  3. State v. CrawfordCourt of Appeals of North Carolina · 2021
  4. State v. CrawfordCourt of Appeals of North Carolina · 2021

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