State v. Richard J. Sulla

¶ 1. This is a review of an unpublished decision of the court of appeals,1 which reversed the Jefferson County Circuit Court's2 order denying Richard Sulla's ("Sulla") post-conviction motion to withdraw his no contest pleas.

¶ 2. This case requires us to examine the circumstances under which a circuit court may deny a defendant's postconviction motion for plea withdrawal without holding an evidentiary hearing. Specifically, we consider whether a circuit court may, without holding an evidentiary hearing, deny a defendant's motion to withdraw his plea when the defendant alleges that his plea was…