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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 Wednesday:
Jose Andrade v. City of Hammond, Indiana, et al.
20-1541
Appeal from the United States District Court for the Northern District of Indiana, Hammond Division. Senior Judge Theresa L. Springmann.
Civil. Reverses the dismissal of Jose Andrade’s federal complaint against the City of Hammond, the Hammond Board of Public Works and Safety and several Hammond employees. Finds Rooker-Feldman does not bar federal-court jurisdiction because Andrade’s claims concern the defendants’ actions separate from any state-court judgment. Remands for further proceedings. Chief Judge Diane Sykes concurs with separate opinion.
Thursday opinions
Indiana Court of Appeals
Michael Dean Crowder v. State of Indiana (mem. dec.)
20A-CR-2388
Criminal. Affirms Michael Crowder’s conviction of Level 6 felony possession of methamphetamine after a bench trial held in absentia. Finds Crowder waived his right to a jury.
Cody Leroy Archer v. State of Indiana (mem. dec.)
21A-CR-223
Criminal. Affirms the denial of Cody Leroy Archer’s motion to dismiss a charging information alleging he committed battery by means of a deadly weapon as a Level 5 felony. Finds Archer has not demonstrated that the Parke Circuit Court abused its discretion in denying his motion to dismiss.
Kirk Shaffer v. State of Indiana (mem. dec.)
21A-CR-400
Criminal. Affirms Kirk Shaffer’s sentence to nine years, with three years suspended to probation, three years in the Department of Correction and three years in the LaPorte County Community Correction GPS Program for his conviction of possession of methamphetamine as a Level 3 felony. Finds Shaffer has not sustained his burden of establishing that his sentence is inappropriate in light of the nature of the offense and his character.
In Re: The Adoption of H.A. and J.A.; E.D.A. v. R.M. and J.M. (mem. dec.)
21A-AD-469
Adoption. Affirms the grant of R.M. and J.M.’s petition to adopt H.A. and J.A., the children of father E.D.A. Finds the Clark Circuit Court did not err in concluding that E.D.A.’s consent to the adoptions was not required.
Michael Love v. State of Indiana (mem. dec.)
21A-CR-478
Criminal. Affirms the revocation of Michael Love’s placement in the Continuum of Sanctions Program. Finds substantial evidence of a probative value supports the Madison Circuit Court’s decision.
D.C. v. State of Indiana (mem. dec.)
21A-JV-498
Juvenile. Affirms the order committing D.C. to the Indiana Department of Correction. Finds the placement is consistent with D.C.’s best interests and the safety of the community. Also finds the Whitley Circuit Court did not abuse its discretion.
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