State v. Fox
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The Supreme Court affirmed the judgment of the district court denying Defendant's motion to withdraw his 1982 guilty pleas following an evidentiary hearing on the motion, holding that Defendant failed to establish a factual basis for his argument and, consequently failed to establish excusable neglect.
Specifically, the Court held that Defendant did not meet his burden of establishing any facts that might conceivably support an equitable tolling of the statute of limitations, and therefore, the district court did not abuse its discretion in finding that Defendant did not establish excusable neglect to permit his untimely filing.
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