873 N.W.2d 705
S.D.2016Background
- In 2010 Kvasnicka drove the wrong way on I-229 after drinking; collision killed one passenger and seriously injured another; blood alcohol over .20.
- At first trial a jury convicted her of multiple offenses; this Court reversed and remanded because expert testimony about kinetic energy was irrelevant and prejudicial.
- Before the retrial the parties reached a plea: Kvasnicka pleaded guilty to first-degree manslaughter and vehicular battery in exchange for the State seeking a 37.5-year sentence and restitution.
- At the plea hearing the court canvassed Kvasnicka, she admitted the factual basis, and confirmed the plea was voluntary and that she understood her rights.
- Months later Kvasnicka moved to withdraw her plea, claiming she pleaded out of fear and cannot recall the events; the State argued withdrawal would prejudice prosecution because a key witness (Christopher Jones) could not be located.
- The circuit court denied the motion; Kvasnicka appealed the denial alleging abuse of discretion. The Supreme Court of South Dakota affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court abused its discretion in denying a pre-sentencing motion to withdraw a guilty plea | Denial proper: plea was knowing and voluntary; delay, competent counsel, prejudice to prosecution (lost key witness), and no fair-and-just reason to withdraw | Plea should be withdrawn because she pleaded from fear of a second trial and lacks recollection of the offense | Affirmed: no abuse of discretion; fear of trial and alleged inability to recall (and inconsistent statements) are not fair-and-just reasons; other factors weigh against withdrawal |
Key Cases Cited
- State v. Pentecost, 868 N.W.2d 590 (S.D. 2015) (standard of review for plea-withdrawal motions)
- State v. Olson, 816 N.W.2d 830 (S.D. 2012) (plea-withdrawal standard; no automatic right)
- United States v. Hyde, 520 U.S. 670 (1997) (defendant must show a "fair and just reason" to withdraw plea)
- State v. Grosh, 387 N.W.2d 503 (S.D. 1986) (defendant must state a persuasive/tenable reason to withdraw plea)
- United States v. Shah, 453 F.3d 520 (D.C. Cir. 2006) (lying to the court at plea allocution is not a fair-and-just reason to withdraw plea)
- United States v. Heid, 651 F.3d 850 (8th Cir. 2011) (factors for evaluating prejudice and withdrawal requests)