J
Joan Mader
Guest
What is the name of your state? Tennessee. I need direction regarding Rule 11(d) 1 of the Federal Rules of Criminal Procedure. My husband plead guilty of charges he was not guilty of because of threats by the prosecutor, through his court appointed attorney, to charge him with a worse crime if he did not plead guilty. At the guilty plea hearing, the judge did not accept the plea but reserved his decision until after reading the PSI. Upon the receipt of the PSI, the government revealed that what they were threatening him with was not a possible charge. My husband filed a motion to withdraw the plea that had never been accepted and proceed to court. The judge denied his motion. The court of appeals confirmed the district courts ruling based on no good reason yet did not address the issue of the plea not being accepted. Having read and read the Hyde case, it appears to me that both courts errored. Now the 2003 ammended rule 11(d) reads that aperson may withdraw his guilty plea 1. before the court accepts his plea for any reason or no reason. with a footnote reading "A defendant has no automatic right to withdraw a guilty plea even when the court has not yet approved the plea agreement, but has deferred the decision until after review of the presentence report. U.S. v Hyde, 520 US 670 (1997) Can anyone tell me whether this is an ammendment or a clarification or give me direction as to where I could find this answer? My husband is sitting in prison, not guilty, waiting for me to find clarification on this so it may help him get back to trial. Thank you
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