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As a subscriber you can listen to articles at work, in the car, or while you work out. Subscribe NowThe following 7th Circuit Court of Appeals opinion was posted after IL deadline Thursday:
Sherrie Baker, et al. v. Atlantic Richfield Company, E.I. DuPont de Nemours and Company, et al.
19-3159 & 19-3160
Appeals from the United States District Court for the Northern District of Indiana, Hammond Division. Senior Judge Joseph S. Van Bokkelen.
Civil. Reverses the district court order removing the case to state court, finding that Atlantic Richfield and other defendants have a colorable federal defense in an environmental lawsuit brought by residents of the former West Calumet Housing Complex in East Chicago that was vacated due to toxic pollution from lead, arsenic and other pollutants. Remands for proceedings in the Northern District of Indiana.
Friday opinions
Indiana Court of Appeals
Reanna Lopez-Smith v. State of Indiana (mem. dec.)
19A-CR-3018
Criminal. Affirms Reanna Lopez-Smith’s convictions in Marion Superior Court of Class A misdemeanor resisting law enforcement and Class B misdemeanor disorderly conduct. The state presented sufficient evidence to negate her affirmative defense of protected political speech.
Ajia Denise Sanders v. State of Indiana (mem. dec.)
19A-CR-2768
Criminal. Affirms Ajia Sanders’ convictions in Marion Superior Court of Class A misdemeanor counts of domestic battery and battery, finding there was sufficient evidence that the state negated her self-defense claim.
John Reynolds v. State of Indiana (mem. dec.)
19A-CR-2882
Criminal. Affirms John Reynolds’ aggregate 6-year sentence and convictions of Level 5 felony possession of methamphetamine, Level 6 felony counts of maintaining a common nuisance and unlawful possession of a syringe and misdemeanor counts of possession of marijuana, possession of paraphernalia and resisting law enforcement. The Posey Circuit Court did not err in accepting Reynolds’ plea agreement and his sentence is not inappropriate.
Decharla K. Boatman v. State of Indiana (mem. dec.)
19A-CR-2934
Criminal. Affirms Decharla Boatman’s convictions of Level 6 felony criminal recklessness and Class A misdemeanor battery. Finds the Marion Superior Court did not abuse its discretion when it denied her request for a continuance the morning of trial, denying her of her Sixth Amendment right to counsel.
Brad Davis v. State of Indiana (mem. dec.)
19A-CR-2686
Criminal. Affirms the denial of Brad Davis’ motion to modify his aggregate 30-year sentence for his 2012 conviction of Class A felony voluntary manslaughter and Class A misdemeanor carrying a handgun without a license, finding he failed to present a cogent argument in Marion Superior Court.
Benford Davis v. State of Indiana (mem. dec.)
19A-CR-2357
Criminal. Affirms Benford Davis’ murder conviction, finding the Elkhart Circuit Court did not err in admitting evidence including testimony from victim Sherry Houston’s friend or a letter that Houston wrote to her sister.
Sebastian S. Smith v. State of Indiana (mem. dec.)
19A-CR-2039
Criminal. Affirms Sebastian Smith’s convictions of Level 2 felony robbery resulting in serious bodily injury, rejecting his claims on appeal that the Tippecanoe Circuit Court abused its discretion in excluding certain evidence, that his conviction and sentence enhancement violate double jeopardy principles and that his 30-year executed sentence is inappropriate. Agrees with the state and remands with instructions for the trial court to correct the sentencing order to reflect that Smith’s sentence in this case be served consecutively with a Benton County conviction.
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