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Friday, February 03, 2006

Ind. Decisions - 7th Circuit issues two

Neither are Indiana cases.

USA v. Williams, Darius C. - Sentencing appeal, affirmed.

USA v. Cherry, Alan - 2-1 decision in legality of search case. Majority affirms in first 10 pages. Judge Posner dissents in last 8 pages, concluding:

The judgment cannot be upheld on the basis of the district court’s reasoning. The case should be remanded for a determination of the credibility of the officer who testified that he smelled marijuana. If that testimony is credited by the district judge, there was probable cause to search the car; if not, not, and the evidence of the gun should be suppressed.

Posted by Marcia Oddi on February 3, 2006 10:32 AM
Posted to Ind. (7th Cir.) Decisions