Legal Opinion

State v. Armstrong

Supreme Court of Vermont

Decided August 14, 1987No. 85-513PublishedCited by 12 opinions

1Opinion of the CourtHill, J.

This is an appeal from the denial of defendant’s post-sentence motion to withdraw his guilty plea to a charge of driving while under the influence of intoxicating liquor, in violation of 23 V.S.A. § 1201(a)(2). We affirm.

The decision to grant or deny a motion to withdraw a guilty plea, made after sentence, is within the discretion of the trial court, and will not be disturbed unless an abuse of discretion is shown. State v. Morse, 126 Vt. 314, 318, 229 A.2d 232, 235 (1967). The standard to be applied by the trial court is that the motion will be granted “only to correct manifest injustice.”…

2Cases cited6 opinions

  1. State v. BradleyWashington Supreme Court · 1986
  2. Louis T. Johnson v. Joseph S. Petrovsky, Warden, F.C.I., Sandstone, MinnesotaCourt of Appeals for the Eighth Circuit · 1980
  3. People v. FisherAppellate Division of the Supreme Court of the State of New York · 1983
  4. State v. MorseSupreme Court of Vermont · 1967
  5. United States v. Jerry J. JohnsonCourt of Appeals for the Eighth Circuit · 1980

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

3Cited by12 opinions

  1. State v. SeryCourt of Appeals of Utah · 1988
  2. State v. ClearySupreme Court of Vermont · 2003
  3. State v. GarbuttSupreme Court of Vermont · 2001
  4. In Re TorresSupreme Court of Vermont · 2004
  5. State v. GravesSupreme Court of Vermont · 2000

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

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