Appealing A Guilty Plea :: Tennessee Criminal Lawyer Blog

For various reasons, a guilty plea is not an agreement to be entered into lightly and the considerations that the defendant must take into account extend beyond merely what punishment or lack thereof is being offered by the state. For example, entering a guilty plea may also impose additional burdens on a defendant (depending on the terms of the agreement) including the loss of the right to appeal the case.

This principle is illustrated by taking a look at State v. Weaver, a case that recently came before the Tennessee Court of Criminal Appeals. In Weaver, the defendant pled guilty to possession of cocaine in Tennessee with intent to sell and was given a four-year suspended sentence. Soon thereafter, he tried to withdraw his guilty plea, claiming that at the time he pleaded guilty, he was not aware that he was forfeiting his right to appeal a question of law relating to his charges. The Court of Criminal Appeals denied the defendant’s request to withdraw his guilty plea, holding that the defendant’s situation did not meet the standard of “manifest injustice” required to withdraw the plea.

What this holding basically means is that the Court found that the defendant was fully aware of the consequences of his guilty plea and entered into the plea knowingly. At trial, the court had informed the defendant that if he pleaded guilty that his case would be fully completed, meaning the defendant could not later appeal, request a jury trial, or continue the case in any manner. This condition is often a part of a guilty plea because at least part of the incentive for the state to offer the plea is to bring the case to a conclusion. After being informed of these consequences at trial, the defendant indicated that he did understand them. Thus, the Court of Criminal Appeals would not allow him to reopen the case at a later date by withdrawing his plea and attempting to file an appeal.

Accepting a guilty plea is a huge decision with severe and lasting consequences. Defendants would be wise to obtain the assistance of experienced criminal defense counsel in Knoxville before making a decision of such importance.

Source: (State v. Weaver, 35 TAM 11-26, 1/14/10, Nashville, Witt, 3 pages.)