Unless the motion falls within the description of one of the extraordinary writs described below, standard criminal motion practice will normally be used.  See § 5.50, supra.

 

Other

POST CON RELIEF"PRACTICE ADVISORY"POST-CONVICTION PROCEDURE"NEBRASKA
In Nebraska, the right to withdraw a plea is not absolute, and, in the absence of an abuse of discretion, refusal to allow a defendants withdrawal of a plea will not be disturbed on appeal. Withdrawal of a plea of guilty or no contest after sentence is proper only where the defendant makes a timely motion and establishes, by clear and convincing evidence, that withdrawal is necessary to correct a manifest injustice. A motion for withdrawal of a plea of guilty or no contest is timely if made with due diligence, considering the nature of the allegations therein, and is not necessarily barred because it was made subsequent to judgment or sentence. Manifest injustice justifying withdrawal of a plea may be proved if the defendant proves, by clear and convincing evidence, that (1) he or she was denied the effective assistance of counsel guaranteed by constitution, statute, or rule; (2) the plea was not entered or ratified by the defendant or a person authorized to so act on his or her behalf; (3) the plea was involuntary, or was entered without knowledge of the charge or that the sentence actually imposed could be imposed; or (4) he or she did not receive the charge or sentence concessions contemplated by the plea agreement and the prosecuting attorney failed to seek or not to oppose those concessions as promised in the plea agreement. A defendant seeking to withdraw a plea must plead and prove that omissions constituting manifest injustice have resulted in prejudice. See State v. Gonzalez, 283 Neb. 1, 807 N.W.2d 759 (Neb. Jan. 13, 2012).