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Man unable to show prejudice by attorney’s lack of deportation advisement

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A Pakistan-born man who faces automatic deportation as a result of his guilty plea to felony theft lost his pursuit for post-conviction relief before the Indiana Court of Appeals. The judges found Naveed Gulzar was unable to show he was prejudiced by his attorney’s failure to advise him that automatic deportation is a consequence of his guilty plea.

Gulzar came to the U.S. in 2000 with his family, but he never became a naturalized citizen, only a legal permanent resident. In January 2006, he stole a credit card from a customer at a convenience store and used the credit card to make purchases on four occasions. Gulzar was arrested in March 2006 and charged with one count of theft and two counts of fraud, all Class D felonies. He agreed to plead guilty to one count of Class D felony theft and he was sentenced to 18 months in the Indiana Department of Correction, all suspended to probation. He successfully completed his probation.

The agreement advised him of his rights, including that he understood that if he isn’t a legal citizen of the U.S., he may be deported as a result of the guilty plea. Gulzar initialed that section.

Over the next five years, Gulzar sought to have his sentence modified. In November 2011, he filed a petition for post-conviction relief alleging his trial counsel was ineffective for not telling him that pleading guilty to theft would make him automatically deportable under two federal immigration laws.

At the post-conviction hearing, Gulzar’s trial attorney said he failed to tell Gulzar that the guilty plea would make him automatically deportable. Gulzar claimed if he had been told that, he would not have pleaded guilty. The post-conviction court found Gulzar failed to establish prejudice.

The Court of Appeals affirmed, rejecting Gulzar’s argument that his deportation would be a hardship on his parents and siblings. The judges cited Segura v. State, 749 N.E.2d 496 (Ind. 2001), in which the Supreme Court found no reason to require revisiting a guilty plea if, at the end of the day, the inevitable result is conviction and the same sentence. The justices also held that only in “extreme cases” does a “truly innocent defendant” plead guilty because of incorrect advice as to the consequences.

This is not one of those extreme cases, Judge Nancy Vaidik wrote, pointing to the surveillance video of Gulzar’s participating in the crimes and the discovery of the items purchased with the stolen credit card in his apartment.

“While Gulzar may have shown special circumstances related to his family, in light of the evidence establishing his guilt, he has failed to demonstrate prejudice as a result of trial counsel’s failure to advise him that his guilty plea would result in automatic deportation,” she wrote.

 

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  • Convicting The Innocent
    If what Judge Nancy Vaidik wrote about only the truly innocent pleading guilty in extreme cases, why does an Ohio study estimate tha nearly 10,000 innocent people are convicted in the U .S. each year?

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  1. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  2. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  3. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  4. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

  5. Here's an idea...how about we MORE heavily regulate the law schools to reduce the surplus of graduates, driving starting salaries up for those new grads, so that we can all pay our insane amount of student loans off in a reasonable amount of time and then be able to afford to do pro bono & low-fee work? I've got friends in other industries, radiology for example, and their schools accept a very limited number of students so there will never be a glut of new grads and everyone's pay stays high. For example, my radiologist friend's school accepted just six new students per year.

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