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Kaushal v. Indiana

Petition granted, judgment vacated and case remanded for further consideration in light of Lee v. United States.
Docket No. Op. Below Argument Opinion Vote Author Term
17-1356 Ind. Ct. App. N/A N/A N/A N/A OT 2017

Issues: (1) Whether, when a resident alien pleads guilty after incorrect advice by counsel as to clear immigration consequences and discovers the error prior to sentencing, a defendant must prove that he would have opted for trial had he been correctly advised when the sole remedy he seeks is to proceed to trial; (2) whether, when a defendant learns the immigration consequences three weeks after his guilty plea and promptly demands to go to trial, that adequately proves he would have opted for trial had he known the immigration consequences of his plea before he plead guilty; (3) whether the instant case represents a pattern of Indiana cases in which alien defendants who plead guilty while ignorant of the immigration consequences of their respective plea are unfairly denied their Sixth Amendment rights to effective assistance of counsel and trial by jury.

DateProceedings and Orders (key to color coding)
Mar 16 2018Petition for a writ of certiorari filed. (Response due April 26, 2018)
Mar 27 2018Waiver of right of respondent Indiana to respond filed.
Apr 04 2018DISTRIBUTED for Conference of 4/20/2018.
Apr 09 2018Response Requested. (Due May 9, 2018)
May 09 2018Brief of respondent Indiana in opposition filed.
May 24 2018Reply of petitioner Umesh Kaushal filed.
May 29 2018DISTRIBUTED for Conference of 6/14/2018.
Jun 18 2018DISTRIBUTED for Conference of 6/21/2018.
Jun 27 2018DISTRIBUTED for Conference of 6/27/2018.
Jun 28 2018Petition 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)