State of Utah v. Douglas Anderson Lovell

Summary

The Utah Supreme Court reviewed the denial of Douglas Anderson Lovell’s motion to withdraw his guilty plea to aggravated murder. The court held that the trial court failed to strictly comply with Utah Rule of Criminal Procedure 11(e) because Lovell was not clearly and unequivocally informed of certain rights, and that this failure constituted good cause to permit withdrawal of the plea.

Holdings

1. A trial court may not rely on a defendant's past trial experience, unsupported assumptions, or information not properly incorporated into the plea record to find strict compliance with Rule 11(e). The record must clearly and unequivocally demonstrate that the defendant was informed of each required right.
2. Informing a defendant that the State must prove every element beyond a reasonable doubt does not, by itself, clearly and unequivocally inform the defendant of the separate right to the presumption of innocence.
3. Lovell's attendance at prior public proceedings and prior experience with jury trials did not clearly and unequivocally establish that he knew of his right to a public trial before an impartial jury.
4. Under the version of Rule 11 applicable when Lovell entered his plea, harmless-error and plain-error review do not apply to a preserved failure to strictly comply with Rule 11(e). A defendant may establish good cause to withdraw the plea merely by showing that the trial court failed to strictly comply with the rule.
5. The current version of Utah Rule of Criminal Procedure 11(l), which contemplates disregarding variances that do not affect substantial rights, does not apply retroactively to Lovell's plea.

Questions Presented

1. Whether the trial court strictly complied with Utah Rule of Criminal Procedure 11(e) when accepting Lovell's guilty plea.
2. Whether the trial court could rely on Lovell's prior criminal-justice experience and other assumptions to establish that he understood rights omitted from the plea colloquy and plea affidavit.
3. Whether a preserved failure to strictly comply with Rule 11(e) is subject to harmless-error or plain-error review.
4. Whether the Rule 11 amendment adding subsection (l), which contemplates harmless-error review, applied retroactively to Lovell's plea.
5. Whether the Rule 11(e) violation constituted good cause to withdraw the guilty plea.

Disposition

reversed_and_remanded