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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 Monday.
USA v. Travis Barrett
19-2254
Appeal from the United States District Court for the Northern District of Indiana, Hammond Division. Judge Joseph S. Van Bokkelen.
Criminal. Affirms Travis Barrett’s 97-month imprisonment followed by 10 years of supervised release. Finds that Barrett waived his challenge to Condition 31 of his proposed conditions of supervised release by not presenting it to the district court.
Tuesday’s opinions
7th Circuit Court of Appeals
Alfred Bourgeois v. T.J. Watson
20-1891
Criminal. Denies Alfred Bourgeois’ petition for rehearing or rehearing en banc after his habeas petition seeking a stay of execution on the basis of mental incapacity was denied. Circuit Judges Ilana Rovner and Diane Wood dissent, believing Bourgeois is entitled to a hearing on his claim that his execution will violate the Federal Death Penalty Act, 18 U.S.C. § 3596(c).
Indiana Supreme Court
Michael D. Johnson v. State of Indiana
20S-CR-655
Criminal. Affirms the Madison Circuit Court’s admission of lookalike drug evidence obtained after a pat down search conducted on Michael Johnson. Finds the search and seizure proceeded within the bounds of the Fourth Amendment because the agent had reasonable suspicion that criminal activity was afoot; that Johnson could be armed and dangerous; and the lump in Johnson’s pocket was immediately apparent as contraband. Justice Geoffrey Slaughter dissents in a separate opinion.
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