Suggests the trial court judge may play a role in having defense counsel advise defendant of the immigration consequences of a guilty plea, in holding that it was not ineffective assistance in 2006 for counsel to fail to determine whether defendant was not a citizen.
Carrillo v. State, No. 49A05-1108-PC-437, __ N.E.2d __ (Ind. Ct. App., Feb. 18, 2013).
Defendant’s relationships with family and length of presence in the United States were sufficient to establish he might not have accepted a guilty plea bargain had he been advised of the immigration consequences of the plea.
Florida v. Harris, No. 11–817, __ U.S. __ (Feb. 19, 2013).
To determine if there is probable cause based on a drug dog alert, this decision establishes the Fourth Amendment analysis for when “a sniff is up to snuff.”
Bailey v. United States, No. 11–770, __ U.S. __ (Feb. 19, 2013).
The Fourth Amendment rule allowing occupants of premises to be temporarily seized while a warrant is executed is limited to persons “in the immediate vicinity” of the premises to be searched.
Hawkins v. State, No. 20S03-1208-CR-499, __ N.E.2d __ (Ind. Ct. App., Feb. 19, 2013).
On the facts of this case, defendant’s failure to appear at his trial in absentia did not constitute a waiver of his right to counsel. And, “a trial court may conduct a sentencing hearing at which the defendant appears by video, but only after obtaining a written waiver of his right to be present and the consent of the prosecution.”