Williams v. Commonwealth

229 S.W.3d 49, 2007 Ky. LEXIS 94, 2007 WL 1159474
CourtKentucky Supreme Court
DecidedApril 19, 2007
Docket2005-SC-000985-MR
StatusPublished
Cited by21 cases

This text of 229 S.W.3d 49 (Williams v. Commonwealth) is published on Counsel Stack Legal Research, covering Kentucky Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Williams v. Commonwealth, 229 S.W.3d 49, 2007 Ky. LEXIS 94, 2007 WL 1159474 (Ky. 2007).

Opinions

McANULTY, Justice.

On August 25, 2005, Dena Williams entered a plea of guilty to Complicity to Commit Murder and Complicity to Tampering with Physical Evidence, in reliance on recommendations from the Commonwealth of concurrent sentences of twenty years and five years respectively. The trial court conducted a proper colloquy in accepting the plea. Williams stated that she understood the charges against her and her constitutional rights, and stated that she chose to waive those rights and enter a guilty plea of her own free will. Eight days later, Williams filed a pro se motion to withdraw her guilty plea on the grounds that she had pled “involuntarily and unknowingly.” Williams was appointed new counsel who filed a second motion, pursuant to RCr 8.10, which argued that withdrawal was required because Williams’ plea was involuntary. The trial court conducted a hearing on the motion to withdraw the guilty plea. The court entered an order denying the motion, from which Williams now appeals.

Williams’ appointed counsel asserted in the motion that Williams did not understand the elements of the charges, or her constitutional rights. The motion reported that Williams thought that she would be released in eight years and might be paroled even earlier than that. Counsel asserted that these circumstances demonstrated that Williams’ plea was not intelligently entered. He argued that she always maintained her innocence of the charges, and when she was required to state that she was guilty of the charges she appeared confused and answered unconvincingly. Counsel argued her statement in open court that she was guilty was “more a product of situational coercion than volition.” He concluded by saying that it was Williams’ tendency to be passive and malleable that caused her to go along with what she was advised to do once in the courtroom.

Williams claims on appeal that it was an abuse of the court’s discretion to refuse to grant the motion to withdraw. She repeats her claim that her plea was involuntary due to her passivity. Williams points to the evidence at the hearing from the witnesses, including her attorney, that she had a passive personality. She also cites her persistent denial of guilt as significant. Williams asserts that the trial court applied a “presumption” against withdrawal of the guilty plea, thus demonstrating that the court was not employing discretion in its decision.

To be valid, a plea must be knowing, intelligent and voluntary, Haight v. Commonwealth, 760 S.W.2d 84, 88 (Ky. 1988), and a trial court shall not accept a plea without first determining that it is [51]*51made voluntarily with understanding of the nature of the charge. RCr 8.08. RCr 8.10 provides that a guilty plea may be withdrawn with permission of the court before judgment. A motion to withdraw a plea of guilty under RCr 8.10 is generally addressed to the sound discretion of the court; however, where it is alleged that the plea was entered involuntarily the defendant is entitled to a hearing on the motion. Edmonds v. Commonwealth, 189 S.W.3d 558, 566 (Ky.2006). If the plea was involuntary, the motion to withdraw it must be granted; if it was voluntary, the trial court may, within its discretion, either grant or deny the motion. Rigdon v. Commonwealth, 144 S.W.3d 283, 288 (Ky.App.2004). A trial court abuses its discretion when it renders a decision which is arbitrary, unreasonable, unfair or unsupported by legal principles. Edmonds, 189 S.W.3d at 570. The inquiry into the circumstances of the plea as it concerns vol-untariness is inherently fact-sensitive. Id. at 566. Accordingly, the trial court’s determination as to whether the plea was voluntarily entered is reviewed under the clearly erroneous standard. Id.

I. Voluntariness of the Guilty Plea

Williams first claims it was clear error for the trial court to refuse to grant the motion to withdraw because she demonstrated that her plea was neither voluntarily nor intelligently entered. However, we find no error in the trial court’s determination that the plea was entered voluntarily. Despite appellant’s claims of passivity and malleability, she did not show that she was so passive that her capacity to act on her own was overcome. Her attorney testified he does not allow his clients to accept a plea on the day it is offered, but takes the time to go over the deal and the consequences with them. He testified that he met with Williams about six times in the week before she pled guilty. Williams was told that she could get in touch with her attorney at any time to talk about her case and the plea offer. He stated that Williams was informed of the circumstances and what might happen if she went to trial. Williams was told that the decision was up to her, not to her attorney, and that she was not to be concerned about her attorney’s feelings in making her decision. Her former attorney testified that he felt like her plea was voluntary in the legal sense since — although he knew she did not like the sentence that was being offered — she wanted to take the deal, given her choices. The test for determining the validity of a guilty plea is whether the plea represents a voluntary and intelligent choice among the alternative courses of action open to the defendant. Sparks v. Commonwealth, 721 S.W.2d 726, 727 (Ky.App.1986), citing North Carolina v. Alford, 400 U.S. 25, 91 S.Ct. 160, 164, 27 L.Ed.2d 162 (1970).

Although Williams claims that she was passive, there was no showing that any particular circumstances or choices were imposed on her that she was unable to resist. Her attorney and the court made clear that pleading guilty was to be her decision, and she had the opportunity during the plea colloquy to express reservations or unwillingness to plead. Yet she did not do that, and she stated under oath that she wanted to plead guilty and that she was guilty of the charges. Williams’ father testified that he was set against Williams taking the plea deal, but Williams decided to plead, apparently at odds with her father’s wishes or advice. There was substantial evidence to support the trial court’s determination that Williams’ guilty plea was voluntary.

The trial court found further that her plea was knowingly made based on the fact that she was represented by good and experienced counsel, and because she af[52]*52firmed in court that her attorney went into detail with her regarding the facts of the case, the nature of the charges, the possible evidence at trial, and the likely outcomes of a trial. The court found that Williams was correctly advised of her sentence. Her erroneous belief that she would serve less time came from other inmates, not from assurances by the Commonwealth or counsel, and thus represented a voluntary choice by her to disregard what she was told by her attorney and in court, and not to clarify any confusion with her experienced counsel.

Thirdly, while a claim of innocence is not cited in Kentucky as a factor for consideration when faced with a motion to withdraw a guilty plea, it is true that a number of courts take this into consideration. E.g. United States v. Triplett,

Related

Eric Sargent v. Commonwealth of Kentucky
Court of Appeals of Kentucky, 2026
Montez Benjamin v. Commonwealth of Kentucky
Court of Appeals of Kentucky, 2025
Gary Dean Adams v. Commonwealth of Kentucky
Court of Appeals of Kentucky, 2025
Jerry Horn v. Commonwealth of Kentucky
Court of Appeals of Kentucky, 2025
Gregg Blakeley v. Commonwealth of Kentucky
Court of Appeals of Kentucky, 2025
Gerald Evans v. Commonwealth of Kentucky
Court of Appeals of Kentucky, 2024
Lloyd Jackson Stevenson v. Commonwealth of Kentucky
Court of Appeals of Kentucky, 2024
Dennis Mason v. Commonwealth of Kentucky
Court of Appeals of Kentucky, 2024
Commonwealth of Kentucky v. Canon Harper
Kentucky Supreme Court, 2022
Large v. Oberson
537 S.W.3d 336 (Court of Appeals of Kentucky, 2017)
Blanton v. Commonwealth
516 S.W.3d 352 (Court of Appeals of Kentucky, 2017)
Commonwealth v. Tigue
459 S.W.3d 372 (Kentucky Supreme Court, 2015)
Yates v. Commonwealth
430 S.W.3d 883 (Kentucky Supreme Court, 2014)
Prater v. Commonwealth
421 S.W.3d 380 (Kentucky Supreme Court, 2014)

Cite This Page — Counsel Stack

Bluebook (online)
229 S.W.3d 49, 2007 Ky. LEXIS 94, 2007 WL 1159474, Counsel Stack Legal Research, https://law.counselstack.com/opinion/williams-v-commonwealth-ky-2007.