Askia Cuff v. Commonwealth of Virginia, 1300164

Appellant Askia Cuff pleaded guilty (Jan 28, 2016) pursuant to a plea agreement to multiple offenses arising from an April 26, 2015 hotel attack (rape, sexual battery, burglary, attempted robbery, use of a firearm in a felony, assaults, brandishing, attempted abductions); plea form and colloquy reflected he understood the charges and consequences.
Commonwealth proffered that two women were assaulted and sexually abused after two men forced entry; police found victims naked and injured, a perceived firearm, room disarray, a used condom, and DNA linking appellant to sexual acts.
After pleas and before sentencing, appellant sought to withdraw, alleging his retained counsel (Greenspun) coerced him into pleading, failed to provide full discovery, and did not discuss defenses; appellant later claimed sex was consensual and sought to challenge victim credibility.
At the withdrawal hearing, counsel testified he had reviewed discovery, discussed strengths/weaknesses and defenses, negotiated the plea, and only jocularly said he might withdraw if appellant declined; the Commonwealth offered crime-scene photos, victim injury testimony, jailhouse admissions by appellant, and phone calls corroborating appellant’s acceptance of the plea.
The trial court found the motion to withdraw was not made in good faith and appellant offered no reasonable defense; it denied the motion. The Court of Appeals affirmed, holding no abuse of discretion.

Issue	Appellant's Argument	Commonwealth's Argument	Held
Whether the trial court erred in denying appellant's pre-sentencing motion to withdraw his guilty pleas	Greenspun coerced appellant into pleading (threatened to withdraw), counsel withheld files and failed to discuss defenses; appellant would have gone to trial otherwise	Pleas were knowing and voluntary; Greenspun advised fully, discussed defenses, appellant later acknowledged understanding; evidence (DNA, victims, jailhouse admissions) showed guilt and withdrawal would prejudice Commonwealth	Denial affirmed: appellant failed good-faith showing and did not offer a reasonable defense; no coercion established; no abuse of discretion

Parris v. Commonwealth, 189 Va. 321, 52 S.E.2d 872 (establishes liberal standard for plea-withdrawal but identifies grounds and discretion)
Branch v. Commonwealth, 60 Va. App. 540, 729 S.E.2d 777 (two-part pre-sentence test: good faith and reasonable defense)
Small v. Commonwealth, 292 Va. 292, 788 S.E.2d 702 (prejudice to the Commonwealth is a relevant factor)
Ramsey v. Commonwealth, 65 Va. App. 593, 779 S.E.2d 241 (reasonable defense requires legal proposition or credible testimony; mere credibility attacks are insufficient)
Williams v. Commonwealth, 59 Va. App. 238, 717 S.E.2d 837 (standard for abuse of discretion review on plea-withdrawal)
Justus v. Commonwealth, 274 Va. 143, 645 S.E.2d 284 (pre-sentence withdrawal proper where reasonable defense shown)
Hubbard v. Commonwealth, 60 Va. App. 200, 725 S.E.2d 163 (good-faith requirement protects judicial integrity)
Cobbins v. Commonwealth, 53 Va. App. 28, 668 S.E.2d 816 (discusses good-faith prong)
Bottoms v. Commonwealth, 281 Va. 23, 704 S.E.2d 406 (clarifies standard for pre-sentence plea withdrawal)
Coleman v. Commonwealth, 51 Va. App. 284, 657 S.E.2d 164 (appellate standard for reviewing trial court discretion)
Jefferson v. Commonwealth, 27 Va. App. 477, 500 S.E.2d 219 (same)