AD1 gives CAL client another opportunity to present his plea-withdrawal claims with unconflicted counsel
Before sentencing, Manuel R moved pro se to withdraw his guilty plea. He argued that the attorney that negotiated the guilty plea had provided ineffective assistance of counsel. The court assigned new counsel for the motion. But new counsel told the court that his client’s motion was not “worthy of asking for my client to take his plea back.” Agreeing with CAL’s advocacy, AD1 found that successor counsel had taken a position adverse to his client and ordered a new plea-withdrawal hearing. CAL attorney Jan Hoth represented Mr. R on appeal.