Garnett v. State

The only issue to be resolved in this case is whether a motion for a new trial is an appropriate remedy to seek relief from a conviction based upon a plea of guilty to a criminal charge. The briefs present additional issues with respect to the obligation of the district court to hold a hearing prior to denying the motion for a new trial and the denial by the district court of a motion for peremptory disqualification. We hold that a motion for a new trial will not lie to attack a judgment and sentence based upon a plea of guilty, and the district court did not err in denying the motion for peremptory disqualification. The disposition of the contention concerning the motion for a new trial leads ineluctably to the conclusion that there was no obligation to hold a hearing. We affirm the district court.