Jerome Alexander Griffin v. Commonwealth of Virginia
65 Va. App. 714
| Va. Ct. App. | 2016Background
- Griffin pled guilty under an Alford-like arrangement to second-degree murder and a firearm offense, with other charges nolle prosequi and a stated maximum term of fifteen years.
- The plea agreement included an express waiver that Griffin could not withdraw his guilty pleas once accepted, and the trial court conducted Boykin colloquy confirming voluntary entry.
- The trial court accepted the pleas on September 16, 2013, and memorialized the plea in an order dated October 2, 2013.
- Griffin later sent a written request to withdraw his pleas to present an alibi defense; defense counsel filed a motion to withdraw on January 14, 2014.
- At the time of the motion, key Commonwealth witnesses were unavailable or uncooperative, and one witness had fled; the Commonwealth had already moved for nolle prosequi on numerous charges.
- The trial court denied the motion to withdraw, finding the motion not in good faith and prejudicial to the Commonwealth; Griffin was sentenced to fifteen years.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Griffin may withdraw his guilty pleas despite express waiver | Griffin asserts right to withdraw is statutory, not waivable. | Commonwealth argues waiver binds Griffin; plea contract governs post-acceptance rights. | Waiver valid; no error in denying withdrawal. |
| Whether withdrawal would prejudice the Commonwealth | Griffin contends withdrawal would not meaningfully prejudice the Commonwealth. | Commonwealth shows witnesses unavailable and charges already amended; prejudice exists. | Prejudice to Commonwealth established; denial upheld. |
Key Cases Cited
- North Carolina v. Alford, 400 U.S. 25 (U.S. 1970) (Alford plea admissibility and same preclusive effect as guilty plea)
- Boykin v. Alabama, 395 U.S. 238 (U.S. 1969) (requires on-record Boykin colloquy confirming voluntariness)
- Parson v. Carroll, 272 Va. 560 (2006) (Alford-type and waiver principles in Virginia)
- United States v. Britt, 917 F.2d 353 (8th Cir. 1990) (plea agreements are contractual and governed by contract principles)