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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. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

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