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Man facing deportation loses 2 appeals

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A citizen of Ecuador who has lived in the U.S. since he was one year old was unable to convince the Indiana Court of Appeals in separate cases that his counsel’s failure to inform him of the possible deportation consequences of pleading guilty to a crime should result in post-conviction relief.

In 1997, Alex Carrillo pleaded guilty to Class D felony possession of cocaine pursuant to a plea agreement for a lesser sentence that resulted in the judge entering a conviction of Class A misdemeanor possession. In 2006, Carrillo pleaded guilty to Class D felony resisting law enforcement and Class A misdemeanor operating a vehicle while intoxicated, and the felony was entered as a Class A misdemeanor by the judge.

In April 2011, Carrillo was detained by federal immigration authorities and now faces deportation proceedings based upon his resisting law enforcement and possession of cocaine convictions.

In his two appeals before the COA, he claimed that his guilty plea counsel failed to provide effective assistance of counsel by not telling him that pleading guilty could result in deportation. In the case stemming from his 1997 conviction, Alex Carrillo v. State of Indiana, 49A05-1108-PC-437, the post-conviction court found Carrillo failed to establish prejudice from his counsel’s failure to advise. In Alex Carrillo v. State of Indiana, 49A02-1112-PC-1209, based on the 2006 conviction, the post-conviction court found Carrillo established prejudice but failed to establish that his counsel’s failure to advise constituted ineffective assistance because his attorney didn’t know that Carrillo wasn’t a U.S. citizen.

In his appeal from the 1997 case, Carrillo argued that he lived in the United States for 30 years at the time of his guilty plea and that he has a wife, five children and other relatives that live in this country. But he did not bring up this information in his 1997 hearing. The judges also found that the state had a very strong case against Carrillo for drug possession and he benefited from pleading guilty. Therefore, he failed to show there is a reasonable probability but for his counsel’s failure to advise that he wouldn’t have pleaded guilty, Judge Terry Crone wrote.

In the 2006 case, the judges focused on whether Carrillo’s attorney’s performance was deficient because he didn’t inform his client that the guilty plea could have adverse immigration consequences. Carrillo argued that he wasn’t required to show that his attorney knew he wasn’t a citizen or establish that the norm at the time of his hearing was for the attorney to make such an inquiry.

Relying on Segura v. State, 749 N.E.2d 496, 500 (Ind. 2001), the judges pointed out that Carrillo’s attorney did not know that he was not a citizen and that the professional norms at the time he pleaded guilty in 2006 did not include requiring attorneys to ask every client whether he or she is a U.S. citizen, Crone wrote. Beginning with the 2009 edition of the Indiana Criminal Benchbook, trial judges are now to inquire as to whether a defendant is a U.S. citizen and ask whether the possibility of deportation has been discussed with counsel.   

The judges found Carrillo’s attorney did not provide deficient performance because he had no reason to suspect Carrillo wasn’t born in the U.S.

 

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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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