About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

56 Temp. L.Q. 831 (1983)
Defendant May Not Withdraw a Guilty Plea Following Sentencing Unless the Defendant Demonstrates That Refusal to Permit Withdrawal Would Constitute a Manifest Injustice

handle is hein.journals/temple56 and id is 837 raw text is: Defendant May Not Withdraw a Guilty Plea Following Sen- tencing Unless the Defendant Demonstrates That Refusal to Permit Withdrawal Would Constitute a Manifest Injustice-In Common- wealth v. Shaffer' the Supreme Court of Pennsylvania held that, fol- lowing sentencing, a defendant may not withdraw a guilty plea un- less the defendant first demonstrates that a refusal to allow withdrawal of the plea would amount to a manifest injustice.' The supreme court ruled that the trial court's failure to explain the ele- ments of the crimes for which the guilty plea was entered did not constitute such a manifest injustice.' In July 1975, Daniel Lee Shaffer pleaded not guilty to a charge of first degree murder in the shooting death of his ex-girlfriend.4 Af- ter the Commonwealth presented its case, producing overwhelm- ing evidence of guilt,5 the court permitted the defendant to with- draw his not guilty plea and enter a plea of guilty to third degree murder.6 The court conducted a colloquy to determine the voluntari- ness of the guilty plea, but failed to explain to the defendant the elements of the crimes for which the plea was entered.7 The defend- ant was sentenced and no appeal was taken.8 Three years and seven months later, the defendant filed a pro se Petition to Withdraw Plea of Guilty.9 The trial court denied the petition and the defendant ap- pealed to the Pennsylvania Supreme Court.10 Relying on Commonwealth v. Ingram, the defendant con- 1. 498 Pa. 342, 446 A.2d 591 (1982). Justice Flaherty wrote the majority opinion. Justice Roberts concurred and filed a separate opinion in which Chief Justice O'Brien and Justice Nix joined. Justice McDermott concurred and filed a separate opinion. 2. Id. at 354, 446 A.2d at 597. 3. Id. 4. Id. at 344, 446 A.2d at 592. Shaffer was also charged with voluntary manslaughter, carrying a firearm without a license, and committing a crime with a firearm. Id. Following an unsuccessful pre-trial attempt to reach a plea bargain, the defendant entered a plea of not guilty and waived his right to a trial by jury. Id. 5. Id. 6. Id. at 345, 446 A.2d at 592. The defendant's change of plea, which also encompassed the firearm violations, resulted from a plea bargain agreement with the district attorney. Id. This new agreement was based on the same offer which the defendant had refused during the pre-trial plea bargaining session. Id. 7. id. 8. Id. Defendant did file a Petition for Reduction of Sentence which was denied by the sentencing judge. Id. 9. id. 10. Id. It. 455 Pa. 198, 316 A.2d 77 (1974). In Ingram, the Supreme Court of Pennsylvania held that during a guilty plea colloquy, the court must explain to the defendant, in understand- able terms, the crimes with which he is charged. Id. at 203-04, 316 A.2d at 80. The court reasoned that such a requirement was necessary to ensure both the defendant's full awareness of the ramifications of his action and the voluntary entrance of his plea. Id. at 200, 316 A.2d at 78. See infra text accompanying notes 55-56 for further discussion of the Ingram holding.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most