Russell v. Commonwealth

Supreme Court of Kentucky · 2016 · Evidence

2016 WL 1127878 (Ky. Feb. 18, 2016)

Updated August 22, 2026

EvidenceGuilty pleasCriminal procedurePro se motionsRCr 8.10RCr 8.14pro se pleadingmotion requirements

Facts

Russell resolved three criminal cases by a plea agreement calling for a total sentence of 30 years' imprisonment. After the plea colloquy and again at sentencing, the trial court reviewed the plea terms in detail, and Russell said he understood and agreed; he also signed plea documents stating the 30-year total sentence. Within days of sentencing, Russell sent the court a letter complaining that counsel had seen him only twice, asserting that he believed his sentence was improperly stacked, asking how to get appellate counsel, and saying he was trying to get at least a sentence reduction. The letter did not expressly ask to withdraw his guilty plea.

Issue

Was Russell's post-sentencing letter sufficient to constitute a pro se motion to withdraw his guilty plea under RCr 8.10 by satisfying RCr 8.14's requirement that a motion set forth the relief sought? If not, or even if so, did the letter allege involuntariness so as to entitle him to an evidentiary hearing?

Rule

Under RCr 8.14, an application to the court for an order must be in writing, state with particularity the grounds, and set forth the relief or order sought. A pro se filing is given leniency and need only provide fair notice of the claim for relief, but it still must indicate the relief requested. A defendant is entitled to an evidentiary hearing on a motion to withdraw a guilty plea only when it is alleged that the plea was entered involuntarily.

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One of 10 multiple-choice questions for this case. Pick an answer to see why.

After pleading guilty in Louisville, Devin Mercer mailed the trial judge a handwritten note saying his appointed lawyer barely visited him, the sentence seemed too harsh, and he wanted information about filing an appeal and getting counsel for that appeal. The note never asked the court to set aside the plea or to allow him to plead not guilty.

Should the trial court treat Devin's note as a motion to withdraw his guilty plea?

Explanation. Under the majority opinion, a pro se letter may be construed as a motion only if it complies with the rule requiring that the filing set forth the relief or order sought. Pro se litigants receive leniency, but the filing still must give fair notice of the claim for relief. A note focused on appeal counsel, counsel complaints, and sentence harshness does not fairly notify the court that the defendant seeks withdrawal of the guilty plea.