State v. Bonilla
957 N.E.2d 682
Ind. Ct. App.2011Background
- Bonilla pled guilty to Class A misdemeanor theft in 2005.
- In 2010, Bonilla sought post-conviction relief alleging his trial counsel failed to advise him of immigration-related consequences of the plea.
- The post-conviction court vacated the conviction.
- The State appealed, and the appellate court applied a deferential standard due to Bonilla’s lack of an appellee brief.
- Segura v. State (2001) held that failure to advise about deportation can be deficient performance under certain facts, but prejudice must be shown.
- The court concluded Bonilla failed to show special circumstances or objective facts that his plea would have been different absent the advice and reversed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether failure to advise of immigration consequences can be ineffective assistance | Bonilla | Bonilla | Not established without prejudice and evidence |
| Appropriate standard of review given no appellee brief | State | State | Apply a less stringent standard when appellee fails to brief; still requires prima facie error |
| Whether Bonilla demonstrated prejudice from counsel’s omission | Bonilla | State | No prejudice shown; conclusory and no objective facts or special circumstances |
| Segura’s control over the case and its bearing on prejudice | Bonilla | State | Segura requires prejudice proof; lacking here, reversal of post-conviction relief |
| Result of the appeal | Bonilla | State | Reverse the grant of post-conviction relief |
Key Cases Cited
- Segura v. State, 749 N.E.2d 496 (Ind. 2001) (failure to advise of deportation can be deficient; reasonableness is fact-intensive)
- Williams v. State, 641 N.E.2d 44 (Ind. Ct. App. 1994) (deportation consequences warrant ineffective assistance inquiry)
- State v. Eiland, 707 N.E.2d 314 (Ind. Ct. App. 1999) (clear-error standard; deference to findings of fact; prejudice required)
- Combs, 921 N.E.2d 846 (Ind. Ct. App. 2010) (when appellee fails to brief, burden on appellant; minimal reasoning for appellee)
- Woods v. State, 701 N.E.2d 1208 (Ind. 1998) (Sixth Amendment standard for ineffective assistance; avoid prejudice if possible)