Opinions Oct. 20, 2014

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7th Circuit Court of Appeals
United States of America v. Kenneth Schmitt
13-2894
U.S. District Court for the Southern District of Indiana, Evansville Division, Chief Judge Richard Young.
Criminal. Affirms conviction for possessing a firearm while being a felon and sentence of 110 months in prison with three years of supervised release. Finds police officers did not violate the Fourth Amendment’s restrictions on warrantless searches because the officers were doing a protective sweep to secure the premises when they unlocked the basement door and searched the basement where the AK-15 semi-automatic assault rifle was found. Rules although the District Court erred in admitting evidence of Schmitt’s conviction for possession of methamphetamine, the error was harmless. And concludes District Court did not err in applying a four-level enhancement to Schmitt’s base offense level.     

Indiana Court of Appeals
Scott Neal v. State of Indiana (NFP)
32A01-1406-CR-252
Criminal. Affirms trial court’s award of credit time for pretrial detention.

Larry D. Best, Jr. v. State of Indiana (NFP)
38A05-1307-PC-325
Post conviction. Affirms denial of petition for post-conviction relief.

 

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