Opinions July 1, 2022

The following 7^th Circuit Court of Appeals was posted after IL deadline on Thursday:
United States of America v. Christopher Radford
21-1715
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Chief Judge Tanya Walton Pratt.
Criminal. Affirms the denial of Christopher Radford’s motion to suppress evidence from a traffic stop that resulted in him being charged with possession with intent to distribute a controlled substance. Finds the officer that pulled Radford over didn’t violate Radford’s Fourth Amendment rights during his pat-down and search of the vehicle. Also finds the government met its burden of establishing probable cause for the stop. Concludes plain error didn’t occur.

Friday opinions
Court of Appeals of Indiana
Sophia Danley Edwards (Minor Child), by Next Friend Katherine Danley Glaser and Katherine Danley Glaser v. City of Carmel, Indiana
21A-CT-1823
Civil tort. Affirms the $8,700 award of attorney fees to the city of Carmel against Sophia Danley Edwards by Next Friend Katherine Danley Glaser and Katherine Danley Glaser. Finds the plaintiffs’ public policy argument and their contention that attorney fees award was unreasonable are waived for failure to comply with appellate rules and/or for improper presentation of an issue for the first time before the appellate court. Also awards appellate attorney fees to Carmel. Remands for a rehearing for appropriate appellate attorney fees.

Zakari E. Miller v. State of Indiana (mem. dec.)
21A-CR-2016
Criminal. Affirms Zakari E. Miller’s conviction of Level 3 felony criminal confinement as well as the finding that he used a firearm in the commission of that offense and his 12-year sentence with eight years executed, with six executed with the Department of Correction, and four years suspended to probation. Finds the trial court did not abuse its discretion when it permitted the state to amend the charging information to add the firearm enhancement. Finds the sentence is not inappropriate in light of the nature of the offense and Miller’s character.

In the Matter of Am.S. and An.S., Children in Need of Services, A.S., Mother v. Indiana Department of Child Services (mem. dec.)
21A-JC-2786
Juvenile CHINS. Affirms the child in need of services determination for P.W. and A.S.’s children, Am.S. and An.S. Finds the Marion Superior Court’s findings support the conclusion that the children are seriously endangered. Finds the CHINS determination was not clearly erroneous. Also finds the trial court did not abuse its discretion in ordering A.S. to participate in various services.

Niguel E. Guyton v. State of Indiana (mem. dec.)
21A-CR-2810
Criminal. Affirms Niguel E. Guyton’s convictions for Level 6 felony intimidation and Class A misdemeanor resisting law enforcement. Finds sufficient evidence to support his convictions.