What is the difference between a motion for a new trial and a motion to withdraw a guilty plea after a conviction?

MultiRegion, United States of America

The following excerpt is from USA. v. Laskie, 258 F.3d 1047 (9th Cir. 2001):

We decline to attach significance to a minor discrepancy in statutory text, when the statute plainly means for the result to be the same with respect to defendants who plead guilty and those who do not. Cf. Hargrove v. State, 686 P.2d 222, 224 (Nev. 1984) (per curiam) (stating that a motion for a new trial and a motion to withdraw a guilty plea after a conviction "serve an identical function, since both argue that the predicate of guilt, whether it be plea or verdict, is suspect or defective and must be set aside").

Other Questions


Are there any differences in the standard of review between a motion to withdraw a guilty plea and the findings of fact supporting the motion? (MultiRegion, United States of America)
Is a motion for a continuance granted by the trial court on the date of trial on the basis that the trial judge abused his discretion to grant the motion? (MultiRegion, United States of America)
What is the difference between a Motion to Dismiss on the eve of trial and a motion to dismiss on the grounds of speedy trial? (MultiRegion, United States of America)
Is a motion to withdraw a guilty plea for abuse of discretion a pre-sentence motion? (MultiRegion, United States of America)
In a motion to appeal against a jury verdict in a personal injury case brought by a defendant who failed to raise his objections to the trial judge on the motion, can the appellant appeal to the Court of Appeal to review the motion by the same judge? (MultiRegion, United States of America)
Is a plea of not guilty in a trial to the bench a functional equivalent of a motion for acquittal in a jury trial? (MultiRegion, United States of America)
Are there any cases where the Supreme Court has found that criminal convictions for common law crimes against individuals who have not been convicted of criminal convictions are sufficient grounds for criminal convictions? (MultiRegion, United States of America)
When will a trial judge override a motion to dismiss a motion that would have allowed evidence of sexual assault to be used in the trial? (MultiRegion, United States of America)
What is the test for appealability of a motion for a new trial where a federal judge has granted the motion without hearing the motion? (MultiRegion, United States of America)
Does the trial judge erred in denying a post-trial motion for a new trial based upon alleged violations of sequestration order by members of the jury or marshals assigned to supervise the jury? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.