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Garnett v. State

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eBook details

  • Title: Garnett v. State
  • Author : Supreme Court of the United States
  • Release Date : January 17, 1989
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 55 KB

Description

The only issue to be resolved in this case is whether a motion for a new trial is an appropriate remedy to seek relief from a conviction based upon a plea of guilty to a criminal charge. The briefs present additional issues with respect to the obligation of the district court to hold a hearing prior to denying the motion for a new trial and the denial by the district court of a motion for peremptory disqualification. We hold that a motion for a new trial will not lie to attack a judgment and sentence based upon a plea of guilty, and the district court did not err in denying the motion for peremptory disqualification. The disposition of the contention concerning the motion for a new trial leads ineluctably to the conclusion that there was no obligation to hold a hearing. We affirm the district court.


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