{"id":30465,"date":"2017-12-04T00:00:44","date_gmt":"2017-12-04T05:00:44","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=30465"},"modified":"2017-12-03T10:30:56","modified_gmt":"2017-12-03T15:30:56","slug":"ca6-moving-to-withdraw-plea-after-three-months-because-of-there-were-technical-issues-with-his-arrest-warrant-is-denied-not-a-ground-for-relief","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=30465","title":{"rendered":"CA6: Moving to withdraw plea after three months because \u201cthere were technical issues with his arrest warrant\u201d is denied; not a ground for relief"},"content":{"rendered":"<p>Defendant moved to withdraw his plea three months later because \u201cthere were technical issues with his arrest warrant.\u201d \u201cFurther, Miller never asserted his innocence, which also weighs against granting the motion. He argued only that he should be permitted to withdraw his plea because there were technical issues with his arrest warrant. And, most importantly, the circumstances underlying Miller&#8217;s plea do not suggest that his plea was involuntary.\u201d United States v. Miller, 2017 U.S. App. LEXIS 24359 (6th Cir. Nov. 30, 2017). [What \u201ctechnical issues\u201d with an arrest warrant are enough to overcome the arrest and then a guilty plea? I can\u2019t think of any. \u201cAn illegal arrest, without more, has never been viewed as a bar to subsequent prosecution, nor as a defense to a valid conviction. Gerstein v. Pugh, 420 U.S. 103, 119 (1975); Frisbie v. Collins, 342 U.S. 519, 522 (1952); Ker v. Illinois, 119 U.S. 436, 444 (1886).\u201d United States v. Crews, 445 U.S. 463, 474 (1980).]<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendant moved to withdraw his plea three months later because \u201cthere were technical issues with his arrest warrant.\u201d \u201cFurther, Miller never asserted his innocence, which also weighs against granting the motion. He argued only that he should be permitted to &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=30465\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[50],"tags":[],"class_list":["post-30465","post","type-post","status-publish","format-standard","hentry","category-arrest-or-entry-on-arrest"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/30465","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=30465"}],"version-history":[{"count":2,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/30465\/revisions"}],"predecessor-version":[{"id":30467,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/30465\/revisions\/30467"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=30465"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=30465"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=30465"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}