Mark Clarke v. State of Indiana
2012 Ind. App. LEXIS 460
| Ind. Ct. App. | 2012Background
- Clarke pleaded guilty in 2007 to class B felony dealing in cocaine as a lesser included offense; sentenced to six years with all but two days suspended and two years probation.
- In 2008, Clarke entered a second plea—resisting law enforcement—leading to five years for the suspended 2007 sentence to be served consecutively to a one-year resisting conviction.
- Clarke, born in Barbados, faced deportation proceedings after the pleas.
- Clarke filed a post-conviction relief petition in December 2010; affidavits from Clarke and trial counsel Caudill indicated counseling about deportation was lacking.
- Post-conviction court denied relief in January 2012; this appeal followed arguing ineffective assistance for failure to advise on deportation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether trial counsel's failure to advise on deportation was ineffective | Clarke: Caudill failed to explain deportation risk. | State: no deficient performance;Segura guidance requires fact-specific inquiry; no prejudice shown. | Not prejudiced; deportation risk would not have changed plea given evidence strength and plea benefits. |
Key Cases Cited
- Segura v. State, 749 N.E.2d 496 (Ind. 2001) (prejudice requires objective facts showing counseling errors influenced plea decision)
- Sial v. State, 862 N.E.2d 702 (Ind. Ct. App. 2007) (special circumstances may support setting aside a plea when deportation risk is a factor)
- Trujillo v. State, 962 N.E.2d 110 (Ind. Ct. App. 2011) (ineffective assistance standard; rigorous but fact-sensitive)
- Suarez v. State, 967 N.E.2d 552 (Ind. Ct. App. 2012) (considers strength of the State's case in evaluating plea decisions)