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Umesh Kaushal v. Indiana

Paid petition · Court of Appeals of Indiana, Fourth District, No. 49A04-1612-CR-2862 · judgment July 18, 2017

GVR'd · June 28, 2018
Pre-decision estimate: 0% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Questions presented

  1. Where a resident alien defendant pleads guilty after incorrect advice by counsel as to clear immigration consequences and discovers the error prior to sentencing, must that defendant prove he would have opted for trial had he been correctly advised when the sole remedy he seeks is to proceed to trial?

  2. Where a defendant learns the immigration consequences three weeks after his guilty plea and promptly demands to go to trial, does that not adequately prove he would have opted for trial had he known the immigration consequences before he pled guilty?

  3. Does the instant case represent a pattern of Indiana cases in which alien defendants who plead guilty while ignorant of the immigration consequences are unfairly denied their Sixth Amendment rights to effective assistance of counsel and trial by jury?

Counsel of record

For petitioner
Harold Samuel Ansell III
Ansell Law Firm, LLC

For respondent
Thomas M. Fisher
EdChoice, Inc.

Case

Conference history
Distributed for 4 conferences

Proceedings

  1. Jul 30 2018
    MANDATE SSUED.
  2. Jul 30 2018
    JUDGMENT ISSUED.
  3. Jun 28 2018
    Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of Jae Lee v. United States, 582 U. S. ____ (2017). Justice Alito, with whom Justice Thomas joins, dissenting. (Detached Opinion)
  4. Jun 27 2018
    DISTRIBUTED for Conference of 6/27/2018.
  5. Jun 18 2018
    DISTRIBUTED for Conference of 6/21/2018.
  6. May 29 2018
    DISTRIBUTED for Conference of 6/14/2018.
  7. May 24 2018
    Reply of petitioner Umesh Kaushal filed.
  8. May 09 2018
    Brief of respondent Indiana in opposition filed.
  9. Apr 09 2018
    Response Requested. (Due May 9, 2018)
  10. Apr 04 2018
    DISTRIBUTED for Conference of 4/20/2018.
  11. Mar 27 2018
    Waiver of right of respondent Indiana to respond filed.
  12. Mar 16 2018
    Petition for a writ of certiorari filed. (Response due April 26, 2018)