Spanish-speaking man did not waive rights in plea, justices hold

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A non-native English speaker was able to show the Indiana Supreme Court that, during his guilty plea hearing, he was not properly advised of the constitutional rights he was waiving by pleading guilty. The justices reversed the denial of his petition for post-conviction relief.

Victor Ponce agreed to plead guilty to one count of Class A felony delivery of cocaine within 1,000 feet of a school. He had an interpreter during his guilty plea hearing. She was uncertified because in 1999, at the time of his hearing, Indiana had not yet created the Court Interpreter Certification Program. Ponce told the court he understood and spoke a little English. He indicated he was able to understand the proceedings through his interpreter.

In 2011, he filed a petition for post-conviction relief, contending his plea was not entered knowingly, intelligently and voluntarily because the interpreter failed to accurately translate Ponce’s Boykin rights.  The post-conviction court denied the petition, which the Court of Appeals affirmed.

“Here there is no question that the trial court correctly articulated the specific rights enumerated in Boykin. The problem, however, is that those rights were inaccurately interpreted. Ponce may very well have understood exactly what the interpreter said but as the record shows what the interpreter said had little to do with what the trial court had actually advised,” Justice Robert Rucker wrote in Victor Ponce v. State of Indiana, 20S04-1308-PC-533. “Had the trial court uttered the words relayed to Ponce by the interpreter, we doubt that a court of review would hesitate to declare that Ponce had not been given his Boykin advisements. Thus, we are of the view that an advisement from the mouth of the court-appointed interpreter instead of that of the trial judge to be a distinction without a difference. In sum, we conclude that Ponce has demonstrated that his 1999 guilty plea hearing was not conducted in accordance with the mandates of Boykin,” he continued.

And the justices found the state failed to show that the record, as a whole, nonetheless demonstrated that Ponce understood his constitutional rights and waived them. They remanded his case for further proceedings.

“To declare that a defendant with limited English proficiency who received an incorrect interpretation of the trial court’s Boykin advisements should be equally culpable for his guilty plea as a defendant who is fluent in the English language and received an accurate and uninterrupted advisement directly from the trial court would work a great injustice not only on the LEP defendant, but on the integrity of our system as a whole,” Rucker wrote.



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  1. I think the cops are doing a great job locking up criminals. The Murder rates in the inner cities are skyrocketing and you think that too any people are being incarcerated. Maybe we need to lock up more of them. We have the ACLU, BLM, NAACP, Civil right Division of the DOJ, the innocent Project etc. We have court system with an appeal process that can go on for years, with attorneys supplied by the government. I'm confused as to how that translates into the idea that the defendants are not being represented properly. Maybe the attorneys need to do more Pro-Bono work

  2. We do not have 10% of our population (which would mean about 32 million) incarcerated. It's closer to 2%.

  3. If a class action suit or other manner of retribution is possible, count me in. I have email and voicemail from the man. He colluded with opposing counsel, I am certain. My case was damaged so severely it nearly lost me everything and I am still paying dearly.

  4. There's probably a lot of blame that can be cast around for Indiana Tech's abysmal bar passage rate this last February. The folks who decided that Indiana, a state with roughly 16,000 to 18,000 attorneys, needs a fifth law school need to question the motives that drove their support of this project. Others, who have been "strong supporters" of the law school, should likewise ask themselves why they believe this institution should be supported. Is it because it fills some real need in the state? Or is it, instead, nothing more than a resume builder for those who teach there part-time? And others who make excuses for the students' poor performance, especially those who offer nothing more than conspiracy theories to back up their claims--who are they helping? What evidence do they have to support their posturing? Ultimately, though, like most everything in life, whether one succeeds or fails is entirely within one's own hands. At least one student from Indiana Tech proved this when he/she took and passed the February bar. A second Indiana Tech student proved this when they took the bar in another state and passed. As for the remaining 9 who took the bar and didn't pass (apparently, one of the students successfully appealed his/her original score), it's now up to them (and nobody else) to ensure that they pass on their second attempt. These folks should feel no shame; many currently successful practicing attorneys failed the bar exam on their first try. These same attorneys picked themselves up, dusted themselves off, and got back to the rigorous study needed to ensure they would pass on their second go 'round. This is what the Indiana Tech students who didn't pass the first time need to do. Of course, none of this answers such questions as whether Indiana Tech should be accredited by the ABA, whether the school should keep its doors open, or, most importantly, whether it should have even opened its doors in the first place. Those who promoted the idea of a fifth law school in Indiana need to do a lot of soul-searching regarding their decisions. These same people should never be allowed, again, to have a say about the future of legal education in this state or anywhere else. Indiana already has four law schools. That's probably one more than it really needs. But it's more than enough.

  5. This man Steve Hubbard goes on any online post or forum he can find and tries to push his company. He said court reporters would be obsolete a few years ago, yet here we are. How does he have time to search out every single post about court reporters and even spy in private court reporting forums if his company is so successful???? Dude, get a life. And back to what this post was about, I agree that some national firms cause a huge problem.