Libke v. State

The single issue involved in this review is whether the same standard applies to the consideration of a motion to withdraw a guilty plea before sentence as after ?

We conclude that trial courts should apply a somewhat different standard in assessing a motion to withdraw a guilty plea before sentence than after. It should be easier to withdraw a plea before sentence than after.1 The trial court erroneously applied the same standard in that he determined that a manifest injustice to the defendant must be established.

The different standard in assessing a motion to withdraw a guilty plea before…