Whether a defendant who enters a plea of guilty, but moves to withdraw such plea prior to sentencing, while at the same time properly articulating a proper claim for actual innocence, has established a fair and just reason as such term is conceived in Rule 11(d)(2), Federal Rules of Criminal Procedure

QUESTION PRESENTED Whether a defendant who enters a plea of guilty, but moves to withdraw such plea prior to sentencing, while at the same time properly articulating a proper claim for actual innocence, has established a fair and just reason as such term is conceived in Rule 11(d)(2), Federal Rules of Criminal Procedure. Whether this High Court, as a question of first impression, should adopt a straightforward approach to the evaluation of a defendant’s request to withdraw his/her plea of guilty under Rule 11(d)(2), Federal Rules of Criminal Procedure different to the current multi-factor analysis favored by courts which privileges the convenience of guilty pleas over defendant’s constitutional right to a presumption of innocence and a right to jury trial.