State of New Hampshire v. Robert A. Graham, Jr., 2020-0506

Defendant Robert A. Graham, Jr. was arrested October 18, 2019 and charged with operating after suspension of his license and of his vehicle registration.
On December 17, 2019, he entered a negotiated guilty plea to operating after suspension of his license, acknowledged signing a waiver of rights, and was fined $310.
On September 2, 2020, through counsel, Graham moved to withdraw his plea and vacate his conviction, claiming the plea was not knowing and voluntary because he was not informed of the State’s mens rea burden and possible habitual-offender consequences; he did not request a hearing.
The circuit court denied the motion on September 29, 2020, without a hearing. Graham appealed, arguing the denial violated due process because the court did not hold a hearing, state that it reviewed the plea record, or issue written findings.
The State raised, for the first time on appeal, that the circuit court lacked subject-matter jurisdiction because the motion was filed after the thirty-day statutory window to appeal a violation conviction, relying on State v. Jaskolka.
The Supreme Court agreed with the State that the circuit court lacked jurisdiction to consider the merits; it vacated the order and remanded with instructions to dismiss for lack of jurisdiction.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the circuit court had subject-matter jurisdiction to consider an untimely motion to withdraw a plea and vacate a violation conviction	The State: motion filed beyond the statutory 30-day appeal period; under Jaskolka the circuit court lacks jurisdiction and the correct remedy would be coram nobis (for which circuit court lacks authority)	Graham: sought relief in circuit court to withdraw plea and vacate conviction despite the delay	Court: Agreed with State — circuit court lacked jurisdiction; vacated and remanded with instructions to dismiss for lack of jurisdiction
Whether denying the motion without a hearing, record-review statement, or written findings violated due process	The State: did not contest merits on appeal because of jurisdictional bar	Graham: denial deprived him of due process (no hearing, no indication of record review, no written findings)	Court: Did not reach merits; declined to address due-process arguments because of jurisdictional defect

State v. Jaskolka, 172 N.H. 468 (N.H. 2019) (circuit court lacked jurisdiction to consider an untimely motion to vacate a plea; coram nobis is the proper extraordinary remedy but circuit court lacks statutory authority to grant it)