No. 18-1499

Umesh Kaushal v. Indiana

Lower Court: Indiana
Docketed: 2019-05-31
Status: Denied
Type: Paid
Response WaivedRelisted (2)
Tags: due-process fourteenth-amendment guilty-plea immigration-consequences jury-trial plea-bargaining reasonable-probability resident-alien sixth-amendment
Key Terms:
DueProcess Immigration
Latest Conference: 2019-11-22 (distributed 2 times)
Question Presented (AI Summary)

When a resident alien pleads guilty to a crime while ignorant of the immigration consequences, then demands a trial before sentencing, does his demand establish a reasonable probability he would have opted for trial if he knew the consequences?

Question Presented (from Petition)

QUESTIONS PRESENTED 1. When a resident alien pleads guilty to a crime, while ignorant of the immigration consequences, then discovers those consequences and demands a trial before sentencing, while the state remains prepared to try the case, does his demand for a then-deliverable jury trial establish a reasonable probability that he would have opted for trial had he known the consequences when he pled guilty? 2. Does the opinion on remand so significantly disregard facts and logic that it denies the Petitioner his right to due process of law in violation of the Fourteenth Amendment to the United States Constitution?

Docket Entries

2019-11-25
Rehearing DENIED.
2019-11-06
DISTRIBUTED for Conference of 11/22/2019.
2019-10-30
2019-10-07
Petition DENIED.
2019-07-10
DISTRIBUTED for Conference of 10/1/2019.
2019-06-25
Waiver of right of respondent Indiana to respond filed.
2019-05-29
Petition for a writ of certiorari filed. (Response due July 1, 2019)

Attorneys

Indiana
Stephen Richard Creason — Respondent
Stephen Richard Creason — Respondent
Umesh Kausjal
Harold Samuel Ansell IIIAnsell Law Firm, LLC, Petitioner
Harold Samuel Ansell IIIAnsell Law Firm, LLC, Petitioner