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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. Good luck, but as I have documented in three Hail Mary's to the SCOTUS, two applications (2007 & 2013),a civil rights suit and my own kicked-to-the-curb prayer for mandamus. all supported in detailed affidavits with full legal briefing (never considered), the ISC knows that the BLE operates "above the law" (i.e. unconstitutionally) and does not give a damn. In fact, that is how it was designed to control the lawyers. IU Law Prof. Patrick Baude blew the whistle while he was Ind Bar Examiner President back in 1993, even he was shut down. It is a masonic system that blackballs those whom the elite disdain. Here is the basic thrust:https://en.wikipedia.org/wiki/Blackballing When I asked why I was initially denied, the court's foremost jester wrote back that the ten examiners all voted, and I did not gain the needed votes for approval (whatever that is, probably ten) and thus I was not in .. nothing written, no explanation, just go away or appeal ... and if you appeal and disagree with their system .. proof positive you lack character and fitness. It is both arbitrary and capricious by its very design. The Hoosier legal elites are monarchical minded, and rejected me for life for ostensibly failing to sufficiently respect man's law (due to my stated regard for God's law -- which they questioned me on, after remanding me for a psych eval for holding such Higher Law beliefs) while breaking their own rules, breaking federal statutory law, and violating federal and state constitutions and ancient due process standards .. all well documented as they "processed me" over many years.... yes years ... they have few standards that they will not bulldoze to get to the end desired. And the ISC knows this, and they keep it in play. So sad, And the fed courts refuse to do anything, and so the blackballing show goes on ... it is the Indy way. My final experience here: https://www.scribd.com/document/299040062/Brown-ind-Bar-memo-Pet-cert I will open my files to anyone interested in seeing justice dawn over Indy. My cases are an open book, just ask.

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  3. They say it was a court error, however they fail to mention A.R. was on the run from the law and was hiding. Thus why she didn't receive anything from her public defender. Step mom is filing again for adoption of the two boys she has raised. A.R. is a criminal with a serious heroin addiction. She filed this appeal MORE than 30 days after the final decision was made from prison. Report all the facts not just some.

  4. Hysteria? Really Ben? Tell the young lady reported on in the link below that worrying about the sexualizing of our children is mere hysteria. Such thinking is common in the Royal Order of Jesters and other running sex vacays in Thailand or Brazil ... like Indy's Jared Fogle. Those tempted to call such concerns mere histronics need to think on this: http://www.msn.com/en-us/news/us/a-12-year-old-girl-live-streamed-her-suicide-it-took-two-weeks-for-facebook-to-take-the-video-down/ar-AAlT8ka?li=AA4ZnC&ocid=spartanntp

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