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Denial of post-conviction relief upheld by COA

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Even if the Indiana Court of Appeals was to assume that a defendant’s trial counsel performed below prevailing professional norms by not explaining the potential immigration consequences of his guilty plea, the judges ruled the defendant wasn’t prejudiced because the trial court explained those consequences.

In Roberto Barajas v. State of Indiana, 10A01-1208-PC-387, Roberto Barajas asked the COA to reverse the denial of his petition for post-conviction relief, which alleged his trial counsel was ineffective for not explaining to him the deportation consequences of his 2006 guilty plea to Class D felony possession of cocaine.  Barajas is not a citizen of the U.S. and speaks just a little English. Ramona Sharp translated his guilty plea hearing.

The trial judge at Barajas’ hearing explained to him that by pleading guilty, he could face immigration consequences, such as deportation. The judge allowed Barajas and his attorney time to speak off the record to determine whether he would continue to plead guilty. After the break, Barajas said he wanted to plead guilty and that his attorney did a good job representing him.

Last year, Barajas filed his petition for post-conviction relief. At the hearing, he said he was taken into custody by immigration authorities based on the 2006 conviction. He attempted to call Sharp as a witness, but she did not show on the first day and he decided on the second day not to call her.

The trial court denied his petition based in part on the trial court’s warnings to Barajas on deportation consequences for pleading.

The record shows Sharp translated the guilty plea hearing, Barajas told the court he understood Sharp, the court advised him of potential deportation consequences, and that he told the court his attorney did a good job representing him.

Even if his attorney’s performance was inefficient, it didn’t prejudice Barajas because of the trial judge’s advisement, the COA held. In addition, Barajas testified at the post-conviction hearing that he recalled Sharp telling him something about those potential consequences, but he didn’t remember what she said.

“This belies Barajas’ claim that he did not understand the guilty-plea proceedings. Thus, the post-conviction court was free to make a credibility determination on this issue,” Judge Nancy Vaidik wrote.

 

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  1. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  2. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  3. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  4. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

  5. Here's an idea...how about we MORE heavily regulate the law schools to reduce the surplus of graduates, driving starting salaries up for those new grads, so that we can all pay our insane amount of student loans off in a reasonable amount of time and then be able to afford to do pro bono & low-fee work? I've got friends in other industries, radiology for example, and their schools accept a very limited number of students so there will never be a glut of new grads and everyone's pay stays high. For example, my radiologist friend's school accepted just six new students per year.

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