ILNews

High court takes post-conviction case

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The Indiana Supreme Court granted transfer Thursday to a post-conviction case in which the defendant, who spoke only Spanish, claimed he didn't enter his plea knowingly or intelligently.

Efren R. Diaz appealed the denial of his petition for post-conviction relief, which was upheld by the Indiana Court of Appeals in Efren R. Diaz v. State of Indiana, No. 20A05-0903-PC-165. At his post-conviction hearing, Diaz presented the testimony of Christina Courtright, a certified court interpreter, who said there were several problems with the translation of Diaz's guilty plea. During the sentencing, Diaz stated he could understand the translator, but on appeal claimed he didn't fully understand. 

Courtright prepared a chart outlining the errors, but it wasn't allowed into evidence because of hearsay. The appellate court upheld the plea because it found Diaz failed to show he received ineffective assistance of trial counsel, that it wasn't an error to not allow Courtright's chart, and that he knowingly and intelligently entered his plea to possession of methamphetamine with intent to deliver and dealing in methamphetamine.

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  1. why is the State trying to play GOD? Automatic sealing of a record is immoral. People should have the right to decide how to handle a record. the state is playing GOD. I have searched for decades, then you want me to pay someone a huge price to contact my son. THIS is extortion and gestapo control. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW.

  2. I haven't made some of the best choices in the last two years I have been to marion county jail 1 and two on three different occasions each time of release dates I've spent 48 to 72 hours after date of release losing a job being denied my freedom after ordered please help

  3. Out here in Kansas, where I now work as a government attorney, we are nearing the end of a process that could have relevance in this matter: "Senate Bill 45 would allow any adult otherwise able to possess a handgun under state and federal laws to carry that gun concealed as a matter of course without a permit. This move, commonly called constitutional carry, would elevate the state to the same club that Vermont, Arizona, Alaska and Wyoming have joined in the past generation." More reading here: http://www.guns.com/2015/03/18/kansas-house-panel-goes-all-in-on-constitutional-carry-measure/ Time to man up, Hoosiers. (And I do not mean that in a sexist way.)

  4. This is why it is important to consider Long term care insurance. For you and for your loved ones

  5. I am terrified to see Fracking going on not only in Indiana but in Knox county. Water is the most important resource we have any where. It will be the new gold, and we can't live without it and we can live without gold. How ignorant are people?

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