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Indiana Supreme Court: IAC Where Lawyer Marks ‘Not Applicable’ to Immigration Consequences Warning on Court’s Advisement Form Without Knowing Client’s Immigration Status
by David Reutter
The Supreme Court of Indiana held an attorney rendered ineffective assistance by affirmatively marking ‘not applicable’ to an immigration consequences warning on the court’s standard advisement form when he neither knew his client’s status nor asked him.
Angelo Bobadilla, 19, entered a guilty plea to misdemeanor ...
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More from this issue:
- News in Brief
- Another Life Ruined as a Result of a Bad Cop and Failure to Follow Policy, by Douglas Ankney
- Stop Peeking Inside the Black Box
- Over a Year After Cook County Bail Reform, Jails Are Still Full, by Dale Chappell
- $250,000 Awarded to Woman Who Spent 96 Days in Jail, by Douglas Ankney
- Getting Rid of the ‘X’, by Jayson Hawkins
- FBI Using Private Ancestry Databases to Zero in on Suspects, by Edward Lyon
- Misconduct Suits Against New York City Police Department on the Rise, by Douglas Ankney
- Study: Technology Creates and Embeds Bias in the Criminal Justice System, by Douglas Ankney
- Modern Forensics Findings Not Always 100 Percent Reliable, by Edward Lyon
- Police Want Unfettered Access to Consumer DNA Databases, by Kevin Bliss
- Court’s in Session: The Honorable Algorithm Presiding, by Douglas Ankney
- Prosecutors Use Blacklists to Keep Dishonest Officers out of the Courtroom, by Kevin Bliss
- Taking Pictures in the Dark: Florida Police Not Forthcoming About Investigations Using Facial Recognition Software, by Douglas Ankney
- Killer Cops and Vilified Victims, by Jayson Hawkins
- Ohio Mayor’s Courts Are Huge Sources of Unjust Revenues, by Edward Lyon
- In a Rare Move, California Court of Appeal Discharges Prisoner from All Forms of Custody, Including Parole, After Finding Time Served in Prison Grossly Disproportionate to His Offense, by Douglas Ankney
- Fourth Circuit Tosses Evidence Discovered by Illegal GPS Tracker, by Dale Chappell
- Hawai’i Supreme Court: Cumulative Effect of Multiple Instances of Prosecutorial Misconduct Requires Reversal, by Douglas Ankney
- D.C. Circuit Holds Expert’s False Testimony ‘Material,’ Allowing Challenge to Four-Decade-Old Murder Conviction, by Dale Chappell
- Ninth Circuit Rules Robbery Committed Alone by Gang Member Not Enough for California Gang Enhancement, Despite Testimony of Gang Expert, by Dale Chappell
- Fourth Circuit Rules Assault on Government Official Under North Carolina Statute Not a ‘Crime of Violence’, by Chad Marks
- Eighth Circuit: Forfeited Claim of Miscalculated Criminal History Score Is Reviewable Under Plain Error Standard, by Douglas Ankney
- Violence in the House: Studies Find Cops’ Families Live Dangerous Lives, by Edward Lyon
- Ohio Supreme Court: Plea Defendant Must Be Informed of Maximum Penalty for Postrelease-Control Violation Prior to Pleading Guilty to a New Felony, by David Reutter
- Police Avoid Negative Publicity by Routinely Withholding Body-Cam Footage, by Kevin Bliss
- Indiana Supreme Court: IAC Where Lawyer Marks ‘Not Applicable’ to Immigration Consequences Warning on Court’s Advisement Form Without Knowing Client’s Immigration Status, by David Reutter
- Hawai’i Supreme Court Announces New Rule Requiring Tachibana Colloquy in All Trials, by Douglas Ankney
- Kansas Supreme Court: Correcting Illegal Sentence After Fully Served Violates Prohibition Against Double Jeopardy, by Matthew Clarke
- Missouri Supreme Court Issues Writ of Prohibition Prohibiting Circuit Court From Revoking Probation After Probation Term Had Already Expired, by Douglas Ankney
- Forced Self-Incrimination, by Larry N.
- Second Circuit Holds Government’s Misleading Disclosure of Inculpatory Statement Requires New Trial, by Dale Chappell
- Prosecutorial Power Used Too Often to Stop Prisoners From Getting Second Chance at Life, by Chad Marks
- 11th Circuit Holds Conviction Under Georgia’s Aggravated Assault Statute Is Not a ‘Crime of Violence’ When Based Upon a Mens Rea of Recklessness, by Douglas Ankney
- Attempted Felony-Murder Is Not a Cognizable Crime in West Virginia, by Douglas Ankney
- Arkansas Supreme Court Rules Justification Defense Available When Charged With Manslaughter, by David Reutter
- Washington Supreme Court Rules Attenuation Doctrine Inapplicable Where Police Illegally Seize Person Followed by Ferrier Warnings and Consent to Search, Evidence Must Be Suppressed, by Douglas Ankney
- Fifth Circuit Rules Evidence of Counsel’s Dual Representation of Defendant and Codefendant Results in Possible Actual Conflict of Interest Requires Evidentiary Hearing, by Dale Chappell
- North Dakota Supreme Court Reinstates Postconviction Relief Application Dismissed Without Notice of Motion for Summary Disposition, by Matthew Clarke
- Oregon Supreme Court: State Constitution Requires Warrant to Specify When Internet Searches Occurred, by Mark Wilson
- Maryland Court of Appeals Holds Valid Prescription Constitutes ‘Verbal Act’ Thus Not Barred From Evidence as Hearsay When Basis for Statutory Defense, by Dale Chappell
- Second Circuit Rules District Court Improperly Denied Coram Nobis Petition Claiming Ineffective Assistance of Counsel, by Douglas Ankney
- Massachusetts Supreme Judicial Court Announces in Case of First Impression That Police Causing Cellphone to Reveal Its Real Time Location Is a Search Under State Constitution, by Douglas Ankney
- Eighth Circuit Finds Child Porn Sentence ‘Substantively Unreasonable’, by Dale Chappell
- Fourth Circuit Rules Government Breached Plea Agreement When It Failed to Honor Its Drug Conduct Stipulation at Sentencing, by Chad Marks
- Compelled Decryption Primer, by National Association of Criminal Defense Lawyers Fourth Amendment Center
- Illinois Enacts Youthful Parole for Some, by Clifford Powers
- Judge Weinstein Holds that an Appeal Waiver Provision in a Plea Agreement that Seeks a Waiver of All Collateral Rights Is Impermissible Under the Constitution Unless it Specifically Enumerates All Exceptions Required by Law So that a Defendant Has Notice, by Punch & Jurists
- Ninth Circuit: Washington State Accomplice Liability Drug Offenses Not ACCA Predicates, by Mark Wilson
- Locking Up Drug ‘Dealers’ to Save Users Doesn’t Make Anyone Safer, by Alyssa Stryker
- Jury Takes Just 9 Minutes to Find Man Who Blared ‘F--k tha Police’ Toward Cops Not Guilty, by Dale Chappell
- Policing for Profit: Justice Reformers Chip Away at Civil Asset Forfeiture, by Noreen Marcus
More from David Reutter:
- California Court of Appeal Explains Qualification for Mental Health Diversion Under Pen. Code § 1001.36, Rules Defendant Qualified for Pretrial Mental Health Diversion, July 15, 2024
- Alaska’s Prison System: Dangerous, Deadly Yet Repeating Past Mistakes, July 1, 2024
- Third Circuit Denies Qualified Immunity to Pennsylvania Jail Guards and PrimeCare in Detainee’s Overdose Death, July 1, 2024
- Ninth Circuit: Alleged Denial of Hepatitis C Treatment to Federal Prisoner in Washington Presents Valid Bivens Claim, July 1, 2024
- $15,000 Net Award for Georgia Prisoner’s Delayed Hep-C Treatment, July 1, 2024
- CoreCivic Sued by Former Detainee Stabbed at Shuttered Kansas Jail, July 1, 2024
- Seventh Circuit Finds No Problem With Surveillance of Chicago Detainees on Toilets, July 1, 2024
- Colorado Jail Guard Must Stand Trial for Opening Accused Sex Offender’s Cell, Subjecting Him to Assault, July 1, 2024
- Federal Sentencing Guidelines Place Heavy Burden on Incarcerated Victims of Sexual Assaults, July 1, 2024
- Pennsylvania Supreme Court Slows the Hand That State DOC Sticks Into Prisoners’ Pockets, July 1, 2024
More from these topics:
- The EFF Is Tackling Border Towers, Facilitating Research into Impact of Mass Surveillance, Dec. 15, 2023. Immigration, Electronic Surveillance, Immigration Law/Offenses.
- Convicted Sex Offender Now a Licensed Attorney in Washington State, Oct. 15, 2023. Sex Offenders (Discrimination), Attorneys.
- Secret Service and ICE Used Stingray Devices Without Warrants, Watchdog Finds, May 12, 2023. Immigration, Police State-Surveillance, Cell Site Location Information ("CSLI").
- Final Settlement Agreement Approved in COVID-19 Class Action at California Immigration Detention Center, Aug. 1, 2022. COVID-19, Immigration, Class Actions.
- New York City Paid McKinsey & Company Millions for Failed Program to Reduce Jail Violence, April 1, 2020. Contractor Misconduct, Failure to Treat, Excessive Force, Immigration.
- Louisiana Supreme Court: When an Identified Attorney Seeks to Assist a Person in Custody and Police Fail to Inform the Person, Inculpatory Statements Must Be Suppressed, March 18, 2020. Police Misconduct, Attorneys, Police.
- Ninth Circuit Orders Habeas Relief After California Concedes Conviction Should Be Overturned Due to Defense Counsel’s ‘Virulent Racism’, March 18, 2020. Attorneys, Attorney Misconduct, Habeas Corpus.
- Inside the US Marshals’ Secretive, Deadly Detention Empire, March 3, 2020. Immigration.
- Study Confirms Immigrants Sentenced More Harshly in Non-Immigrant Areas, Feb. 19, 2020. Racial Discrimination, Sentencing, Immigration.
- 3d Circuit: Counsel’s Failure to Investigate Drug Properties for Analogous Drug Comparison at Sentencing Constitutes Ineffective Assistance, Jan. 21, 2020. Attorneys.