Tuesday, July 01, 2008
Ind. Decisions - 7th Circuit decides one Indiana case today
In U.S. v. Antone C. Harris (SD Ind., Judge Barker), a 17-page opinion, Judge Williams writes:
Harris argues that the district court should not have reconsidered whether the affidavit contained false statements under the law of the case doctrine. Because the law of the case doctrine does not compel a district court to ignore evidence presented at a hearing that clarifies a prior misunderstanding, we find no error in the district court’s decision to reconsider one of its findings. We also find no error in the district court’s decision not to compel the government to disclose the identity of the confidential informant in this case, as the district court was entitled to credit the testimony of Detective Forrest that the confidential informant existed, and Harris has made no showing that such disclosure was essential to his defense. Therefore, we affirm the decision of the district court.
Posted by Marcia Oddi on July 1, 2008 01:30 PM
Posted to Ind. (7th Cir.) Decisions