Defendant’s circumstances, including the fact he had two children born in the United States after his guilty plea, did not suffice to support his claim that he would not have pled guilty had he received advice about deportation consequences from trial counsel.
E. Friedlander
Thomas v. State, No. 49A02-1109-CR-830, __ N.E.2d __ (Ind. Ct. App., May 9, 2012).
Defense counsel’s restraint in examining witness in a “discovery deposition” did not make the deposition inadmissible at trial when witness refused to testify, since the defense had the opportunity to vigorously examine the witness but chose not to do so.
Crider v. State, No. 91A05-1108-CR-389, __ N.E.2d __ (Ind. Ct. App., Mar. 29, 2012).
Plea agreement waiving “right to challenge sentence on the basis it is erroneous” is enforced on appeal.
Santelli v. Rahmatullah, No. 49A04-1011-CT-70, ___ N.E.2d ___ (Ind. Ct. App., March 29, 2012).
Adopts adopt Restatement (Third) of Torts § 14, “Tortfeasor Liable For Failure To Protect The Plaintiff From The Specific Risk Of An Intentional Tort.”
In re Paternity of S.C., No. 30A01-1107-JP-322, ___ N.E.2d ___ (Ind. Ct. App., March 29, 2012).
The trial court properly vacated a paternity order issued under a fraudulent pretext.