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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. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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