This Note proposes that Nebraska courts apply the timing requirements from the Nebraska Postconviction Act because the common-law procedure was created as an alternative for defendants who could not bring postconviction motions under the act. Part II provides background on how defendants could withdraw their pleas in Nebraska prior to the creation of the common-law motion. Part III discusses State v. Gonzalez and the limitations the opinion placed on the common-law motion to withdraw a plea. Part IV discusses cases involving common law motions to withdraw pleas since Gonzalez—none of which include a discussion on when a motion is considered timely—and proposes timing requirements that should guide when defendants can raise common law motions. Part V concludes the Note.
Proposed Timing Requirements for the Common-Law Motion to Withdraw a Plea: The Creation of a New Procedure in State v. Gonzalez, 285 Neb. 940, 830 N.W.2d 504 (2013),
94 Neb. L. Rev. 220
Available at: https://digitalcommons.unl.edu/nlr/vol94/iss1/7