Appeals court hears challenge to denial of Mr. Stevens’ motion to withdraw guilty plea

An appellate panel heard oral argument over whether a Fentress County defendant, identified in court only as Mr. Stevens, should be allowed to withdraw an open guilty plea he entered on the third day of a trial after defense counsel discovered previously unseen text messages.

Appellate attorney Jessica Butler, representing Mr. Stevens, told the court she was asking judges to “reverse the trial court’s denial of Mr. Stevens’ pre‑sentencing motion to withdraw his guilty plea,” arguing the trial judge misapplied the fifth Phelps factor that assesses prejudice to the state. Butler said the first four factors the trial court analyzed were found in the defendant’s favor and were not contested on appeal.

Butler told the panel that trial counsel first learned of the new text messages roughly three days into the trial and, after a short recess, advised the client to enter an open guilty plea to two Class A felonies.…