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Jose Andrade v. City of Hammond, Indiana, et al.

Paid petition · Court of Appeals of Indiana, Third District, No. 18A-MI-1199 · judgment November 15, 2018


Certiorari denied · October 7, 2019
Pre-decision estimate: 1% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

Whether the Indiana Supreme Court decided an issue – without determining the effect of ex post facto law, which affected petitioner’s property and due process rights under the Fifth (5th) and Fourteenth (14th) Amendments of the United States Constitution. Whether the Indiana Supreme Court was foreclosed from considering facts presented in the record of the lower court due to any waiver by petitioner’s attorney(s) – which constituted ineffective representation thereby denying petitioner’s right to counsel under the Sixth (6th) Amendment of the United States Constitution.

Counsel of record

For petitioner
John Horace Davis
Attorney John H. Davis

For respondent
David C. Jensen
Eichhorn & Eichhorn, LLP

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 07 2019
    Petition DENIED.
  2. Jun 26 2019
    DISTRIBUTED for Conference of 10/1/2019.
  3. Jun 14 2019
    Waiver of right of respondents City of Hammond, et al. to respond filed.
  4. Jun 05 2019
    Petition for a writ of certiorari filed. (Response due July 10, 2019)