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Umesh Kaushal v. Indiana

Paid petition · Court of Appeals of Indiana, Fourth District, No. 49A04-1612-CR-2862 · judgment October 5, 2018


Certiorari denied · October 7, 2019
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. 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?

Counsel of record

For petitioner
Harold Samuel Ansell III
Ansell Law Firm, LLC

For respondent
Stephen Richard Creason

Case

Conference history
Distributed for 2 conferences

Proceedings

  1. Nov 25 2019
    Rehearing DENIED.
  2. Nov 06 2019
    DISTRIBUTED for Conference of 11/22/2019.
  3. Oct 30 2019
    Petition for Rehearing filed.
  4. Oct 07 2019
    Petition DENIED.
  5. Jul 10 2019
    DISTRIBUTED for Conference of 10/1/2019.
  6. Jun 25 2019
    Waiver of right of respondent Indiana to respond filed.
  7. May 29 2019
    Petition for a writ of certiorari filed. (Response due July 1, 2019)