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94 Neb. L. Rev. 220 (2015-2016)
Proposed Timing Requirements for the Common-Law Motion to Withdraw a Plea: The Creation of a New Procedure in State v. Gonzalez

handle is hein.journals/nebklr94 and id is 230 raw text is: Note* Proposed Timing Requirements for the Common-Law Motion to Withdraw a Plea: The Creation of a New Procedure in State v. Gonzalez, 285 Neb. 940, 830 N.W.2d 504 (2013) TABLE OF CONTENTS I. Introduction .......................................... 220 II. Background ........................................... 222 III. The Gonzalez Opinions................................ 224 A . Gonzalez I ........................................ 224 B . Gonzalez II........................................ 229 IV . A nalysis .............................................. 232 A. Subsequent Common-Law Motions ................. 232 B. The Timeliness Inquiry............................ 235 1. Time Limitations Under Neb. Rev. Stat. § 29- 1819.02................................ 236 2. Timing Requirement of the Nebraska Postconviction Act ............................. 237 V . Conclusion ............................................ 243 I. INTRODUCTION In 2013, the Nebraska Supreme Court created a new procedure by which defendants can move to withdraw their guilty pleas after their conviction has become final-the common-law motion to withdraw a plea.' In State v. Gonzalez (Gonzalez II), Alma Gonzalez moved to @ Copyright held by the NEBRASKA LAW REVIEW * Meridith Wailes J.D., University of Nebraska College of Law, 2015. Special thanks to Pat Condon and Corey Rothrock for their influence on this Note's thesis through their help in formulating my first response to a defendant's common-law motion to withdraw a plea. I could not ask for better mentors and I am so grate- ful for their guidance and belief in me. Thanks also to Brian Fahey for his en- couragement and advice throughout the writing of this note, as well as the editors and spaders of the Nebraska Law Review for all of their work. 1. State v. Gonzalez (Gonzalez II), 285 Neb. 940, 830 N.W.2d 505 (2013). 220

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