ILNews

Justices remand to see if defendant had accurate interpreting

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The Indiana Supreme Court ordered the post-conviction court to hold a new hearing for a Mexican man who claimed he didn’t mean to plead guilty to two felonies and did so only because of faulty interpreting in court.

Efren Diaz, whose native language is Spanish, was arrested and charged with two felony drug possession counts. His attorney, David Newman, used the firm’s interpreter to communicate with Diaz. Beatrice Lara was appointed by the court as the interpreter for the guilty plea hearing. She was a native English speaker but said she learned Spanish from her father and translated for courts about 20 times.

During the hearing, Diaz claimed to understand what was being interpreted to him and pleaded guilty to the two charges. After reading a newspaper article about his plea, he questioned whether he actually understood that he was pleading guilty to two counts; he intended to plead guilty to just one. He believed the guilty plea hearing hadn’t been properly translated.

The Indiana Court of Appeals affirmed on direct appeal, but remanded for re-sentencing. During his hearing before the post-conviction court, the court wouldn’t allow a chart into evidence prepared by his witness, Christina Courtright, a certified interpreter with the Indiana Supreme Court’s Division of State Court Administration. Her chart illustrated her conclusions that there were problems with the interpretation of the hearing and showed the English words spoken by the trial judge and the English equivalent of what the interpreter actually said in Spanish. The post-conviction court didn’t allow it on the basis of hearsay and denied his petition for relief.

In Efren R. Diaz v. State of Indiana, No. 20S05-0911-PC-521, the justices agreed that the chart should have been admitted. Courtright’s benefit of her expertise was hindered by the exclusion of the chart, which was a demonstrative exhibit prepared to facilitate a complete and accurate summary of her conclusions after reviewing the recording of Diaz’s guilty plea hearing.

The state admitted that there was evidence of a "mix up” in the translation at the guilty plea hearing, but the evidence taken as a whole shows Diaz understood the guilty plea hearing. Diaz repeatedly said he had no trouble understanding the court at the time of his plea.

“Although Diaz answered that he did not, one may fully understand and even acknowledge to others an understanding of what is in actuality an inaccurate interpretation of the proceedings. Put another way, one can understand perfectly the words spoken by an interpreter who tells you the wrong thing,” wrote Chief Justice Randall T. Shepard.

The high court concluded that just as procedures contemplate appointing independent psychiatrists when a court doubts a defendant’s competence to stand trial, the court may need to appoint its own competent, disinterested expert when it has reason to believe there is an interpretation issue.

Since the evidence before the post-conviction court doesn’t reveal whether Diaz was provided with accurate interpreting, the justices ordered the trial court to commission its own translation of the plea and sentencing hearings, then the post-conviction court will rehear the evidence the parties find pertinent to the question of whether Diaz’s plea was voluntary and intelligent.

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  1. "Am I bugging you? I don't mean to bug ya." If what I wrote below is too much social philosophy for Indiana attorneys, just take ten this vacay to watch The Lego Movie with kiddies and sing along where appropriate: https://www.youtube.com/watch?v=etzMjoH0rJw

  2. I've got some free speech to share here about who is at work via the cat's paw of the ACLU stamping out Christian observances.... 2 Thessalonians chap 2: "And we also thank God continually because, when you received the word of God, which you heard from us, you accepted it not as a human word, but as it actually is, the word of God, which is indeed at work in you who believe. For you, brothers and sisters, became imitators of God’s churches in Judea, which are in Christ Jesus: You suffered from your own people the same things those churches suffered from the Jews who killed the Lord Jesus and the prophets and also drove us out. They displease God and are hostile to everyone in their effort to keep us from speaking to the Gentiles so that they may be saved. In this way they always heap up their sins to the limit. The wrath of God has come upon them at last."

  3. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

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