Clark was charged with six counts related to drug trafficking involving cocaine, fentanyl, and methamphetamine, as well as firearm possession. He pled guilty to all counts while represented by attorney Owen Kalis, who withdrew from the case eleven days later after resigning from the practice of law due to pending disciplinary action.
Clark subsequently moved to withdraw his plea, arguing it was not knowing, voluntary, or intelligent. He asserted he never saw the evidence, his attorney failed to explain the consequences of the plea, and Kalis did not inform him of his own disciplinary issues.
The district court denied the motion without holding a hearing, relying on the government’s assertions that discovery had been provided and that the plea colloquy satisfied due process requirements. The court sentenced Clark to 270 months in prison.
The Sixth Circuit held that the district court erred by not holding an evidentiary hearing. The panel noted that Clark raised factual disputes bearing directly on the knowing and voluntary nature of his plea that were not clearly dispelled by the record.
The court pointed to the plea hearing transcript, where the judge stated it was apparent Clark was not prepared to enter a plea. Additionally, one page of the Plea Agreement was left uninitialed by Clark, supporting his contention that the decision-making process was rushed.
The Sixth Circuit also emphasized that Clark had four different attorneys in less than a year, with periods of no representation, and was represented by an attorney undergoing disciplinary proceedings. These factors, combined with Clark’s specific requests for a hearing, required the district court to evaluate the merits of his claims through an evidentiary hearing.