State v. Ruiz
282 P.3d 998
Utah2012Background
- In 2006 Ruiz pled guilty to attempted sexual abuse of a child (third degree) under a plea agreement after originally being charged with sexual abuse of a child (second degree).
- Ruiz retained a second attorney and timely moved to withdraw his plea, alleging the first attorney misled him about penalties and immigration consequences.
- Judge Fuchs concluded the first attorney had affirmatively misrepresented immigration consequences and allowed withdrawal, despite the State not presenting evidence rebutting the affidavit.
- The State filed a motion to reconsider; Judge Fuchs retired before ruling on the reconsideration; Judge Skanchy later allowed the State to present the first attorney’s testimony, vacating Fuchs’s order and denying withdrawal.
- Ruiz appealed to the Utah Court of Appeals, which vacated Skanchy’s ruling for lack of a stated basis and briefly revived liberal withdrawal precedent despite statutory changes.
- The Utah Supreme Court held that (a) the basis for Skanchy’s decision was apparent on the record, and (b) recent amendments to the Plea Withdrawal Statute supersede the earlier liberal-grant standard, reversing and remanding for further proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Court of Appeals erred in vacating Skanchy's reconsideration ruling | State contends vacatur was error | Ruiz argues residual need for remand due to lack of explicit basis | Court of Appeals erred; basis was apparent on record |
| Whether amendments to the Plea Withdrawal Statute supersede liberal-grant authority | State asserts amendments override liberal-grant precedent | Ruiz contends liberal-grant remains valid | Amendments supersede liberal-grant principle; no liberal grant required |
| Whether Padilla mooted the certiorari issues | State argues Padilla does not moot the issues | Ruiz claims Padilla renders issues moot | Padilla did not moot the issues |
Key Cases Cited
- State v. Gallegos, 738 P.2d 1040 (Utah 1987) (liberally grant plea withdrawal under good cause/default standard)
- State v. Lovell, 262 P.3d 803 (Utah 2011) (standard of review for motion to withdraw plea clarified)
- Neerings v. Utah State Bar, 817 P.2d 320 (Utah 1991) (non-written grounds may justify remand, not reversible error)
- State v. Pecht, 48 P.3d 931 (Utah 2002) (recommendation to write reasons on record for discretionary rulings)
- Padilla v. Kentucky, 130 S. Ct. 1473 (U.S. 2010) (requiring defense counsel to advise about immigration consequences)
- McCarthy v. United States, 394 U.S. 459 (U.S. 1969) (knowing and voluntary plea standard; due process concerns)