Even assuming, had he been advised of deportation consequences, that defendant would not have pled guilty due to the “special circumstances” that deportation would have uprooted his family, the very strong evidence of his guilt made harmless counsel’s failure to advise him that his theft plea bargain would result in automatic deportation.
Appeals
Est. of Short v. Brookville Crossing 4060 LLC, No. 49A02-1112-CT-1128, ___ N.E.2d ___ (Ind. Ct. App., July 31, 2012).
Declines to extend the duty of innkeepers to guests to include instances in which the owner did not have knowledge of a perilous situation.
Cline v. State, No. 06A05-1111-MI-611, __ N.E.2d __ (Ind. Ct. App., July 26, 2012).
Trial court, which determined that Indiana ex post facto law prevents state from requiring petitioner to register as a sex offender, did not have authority to order the petitioner’s name to be removed from the Sex Offender Registry.
Mertz v. Mertz, No. 64A03-1108-DR-360, ___ N.E.2d ___ (Ind. Ct. App., July 26, 2012).
A trial court best determines whether under Ind. Code 31-16-12-11 the sufficiency of a plan offered by an obligor to pay arrearage is sufficient to reinstate driving privileges.
Doolin v. State, No. 32A01-1111-CR-545, __ N.E.2d __ (Ind. Ct. App., July 16, 2012).
Admission of in-court field test for marijuana was error under Ev. Rule 702, as the field-tester did not testify as to the “specific name or otherwise identify the test, indicate its reliability or rate of accuracy or error, note the scientific principles on which it is based, or recognize any standards regarding its use and operation.”