Lawrence v. Salmonsen

The Supreme Court denied Petitioner's petition for a writ of habeas corpus asserting that he was entitled to relief because he entered an "Alford plea" to sexual assault and solicitation for sexual assault in violation of Mont. Code Ann. 46-12-204(4), holding that, under Montana law, an Alford plea is not synonymous to a nolo contendere plea, which, under section 46-12-204(4), a court may not accept in a case involving a sexual offense.Petitioner pleaded guilty to two sexual offenses pursuant to North Carolina v. Alford, 400 U.S. 25, 91 (1970). In his habeas petition Petitioner argued that his guilty pleas violated Mont. Code Ann. 46-12-204(4), which provides that a court may not accept a plea of nolo contendere in a case involving a sexual offense. The Supreme Court disagreed, holding that Petitioner's Alford pleas were guilty pleas, not nolo contendere pleas, and therefore, section 46-12-204(4) did not prohibit the district court from accepting the Alford pleas to the sexual offenses. View "Lawrence v. Salmonsen" on Justia Law