Legal Opinion

State v. Gailey

Utah Supreme Court

Decided August 1, 2016No. Case No. 20130637PublishedCited by 18 opinions

1Opinion of the Court

Justice Durham,

opinion of the Court:

INTRODUCTION

T1 Over the course of a few hours on June 17, 2018, defendant Shanelle Gailey entered her initial appearance in the district court for burglary-related charges, was appointed counsel, waived her right to a preliminary hearing and trial, pled guilty, waived the waiting period for sentencing, and received judgment and sentence.

12 Ms. Gailey now wishes to challenge her plea as unknowing and involuntary, but Utah Code section 77-18-6 (Plea Withdrawal Statute) cuts off a defendant's right to a direct appeal once sentencing is announced, requiring the…

2Cases cited27 opinions

  1. Coleman v. ThompsonSupreme Court of the United States · 1991
  2. Pennsylvania v. FinleySupreme Court of the United States · 1987
  3. Evitts v. LuceySupreme Court of the United States · 1985
  4. Lafler v. CooperSupreme Court of the United States · 2012
  5. Missouri v. FryeSupreme Court of the United States · 2012

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

3Cited by18 opinions

  1. State v. RettigUtah Supreme Court · 2017
  2. State v. RettigUtah Supreme Court · 2017
  3. State v. AllgierUtah Supreme Court · 2017
  4. State v. FloraUtah Supreme Court · 2020
  5. State v. BadikyanUtah Supreme Court · 2020

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

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