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.
T. Crone
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.
Orndorff v. Ind. Bureau of Motor Vehicles, No. 53A04-1206-PL-299, __ N.E.2d __ (Ind. Ct. App., Dec. 26, 2012).
Under the circumstances of this case, a preliminary injunction based on laches should be issued against BMV imposition of Habitual Traffic Violator suspension eight years after HTV status arose.
Pistalo v. Progressive Casualty Ins. Co., No. 45A04-1204-PL-214, __ N.E.2d __ (Ind. Ct. App., Dec, 27, 2012).
Plaintiff who recovered policy limit from deceased’s auto insurance company and then received an assignment from deceased’s estate of all its rights against insurer thereby had an independent action against the insurer for bad faith failure to settle plaintiff’s claim and could recover prejudgment interest and fees from insurer; reverses summary judgment for insurer on bad faith claim.
In re Resnover, No. 49A02-1205-MI-364, ___ N.E.2d ___ (Ind. Ct. App., Dec. 5, 2012).
In an action for a name change, “a petitioner must submit with the petition for a name change the documents requested in I.C. § 34-28-2-2.5—including a driver’s license number or identification card number—if applicable…. [A]lthough we have decided that the language of subsection 2.5 does not carry a mandate, but rather a directory intent, the trial court is still obliged to discern the absence of a fraudulent purpose prior to granting a petitioner’s name change.”