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.
Appeals
Cutler v. State, No. 71A05-1206-CR-339, __ N.E.2d __ (Ind. Ct. App., Feb. 21, 2013).
“[T]he State may impeach a testifying defendant by using a prior custodial statement that was indeed recorded but was not ‘available at trial’ as required by Evidence Rule 617 because neither defense counsel nor the prosecutor knew of its existence until trial was under way.”
South Shore Baseball, LLC v. DeJesus, No. 45A03-1205-CT-222,___ N.E.2d ___ (Ind. Ct. App., Feb. 15, 2013).
After being hit by a foul ball at a professional baseball game, plaintiff could not prevail under premises liability or negligence.
In re A.M.-K., No. 49A02-1207-JC-533,___ N.E.2d ___ (Ind. Ct. App., Feb. 20, 2013).
DCS failed to present sufficient evidence to overcome mother’s liberty interest in deciding her own treatment when mother objected to a parental participation order requiring her to take all medications as prescribed.
In re Cook, No. 49A04-1207-PO-370, ___ N.E.2d ___ (Ind. Ct. App., Feb. 20, 2013).
Defendant is entitled to a hearing about whether his name should be removed from the protection order registry on the JTAC website and law enforcement databases, but the Court of Appeals will not remove his name sua sponte.