Wednesday, January 25, 2017
Set Aside Guilty Plea
Yesterday, the Mississippi Court of Appeals decided Baker v. State located here. This case illustrates how hard it is to set aside a guilty plea. The general holding is that if the Court goes through all the proper steps, without some really good proof and affidavits attached to the petition, the conviction will not be set aside. In doing some research on another matter, I think the requirements of proof are still present but that the burden may be a little lower in a practical since if the guilty plea was an Alford plea where a person maintains their innocence but agrees it is in their best interest to plea guilty.