ILNews

COA addresses impact of guilty pleas on immigration status

Back to TopCommentsE-mailPrintBookmark and Share

The Indiana Court of Appeals affirmed the denial of a man’s petitions for post-conviction relief, finding his attorneys’ failure to advise him of adverse immigration consequences of pleading guilty did not prejudice his defense.

In Manuel Trujillo v. State of Indiana, No. 71A03-1102-PC-73, Manuel Trujillo appealed the denial of his petitions for post-conviction relief stemming from two cases – one in 1999 and one in 2008 – when he pleaded guilty to felony conspiracy to deal marijuana. After he pleaded guilty in 2008 he was deported to Mexico, from where he immigrated in 1974.

Trujillo argued that his attorneys in both cases rendered ineffective assistance by not alerting him of the possibility of deportation in the event he pleaded guilty to a drug charge. The appellate court declined to address the issues raised in Padilla v. Kentucky, 130 S.Ct. 1473 (2010), involving the responsibility of counsel, and also whether that case is retroactive, because the judges could resolve Trujillo’s case on grounds of lack of a showing of prejudice.

Regarding his 1999 conviction, Trujillo admitted at the post-conviction hearing that he would have pleaded guilty even if he had been told at the time about possible deportation. Regarding the 2008 conviction, the appellate court rejected his argument that his case is a “special circumstance” within the meaning of Segura v. State, 749 N.E.2d. 496 (Ind. 2001). Trujillo did not demonstrate he suffered prejudice as a result of neither of his attorneys advising him on the adverse immigration consequences of pleading guilty.

The COA also cited Williams v. State, 641 N.E.2d 44 (Ind. Ct. App. 1994), to reject Trujillo’s claim that the trial court had a duty to inquire whether he understood that a guilty plea might carry with it negative immigration consequences.
 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  2. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  3. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  4. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

  5. I will agree with that as soon as law schools stop lying to prospective students about salaries and employment opportunities in the legal profession. There is no defense to the fraudulent numbers first year salaries they post to mislead people into going to law school.

ADVERTISEMENT