Opinions July 15, 2020

The following 7th Circuit Court of Appeals opinion was posted after IL deadline on Tuesday.
USA v. Nehemiah Felders
Appeal from the United States District Court for the Northern District of Indiana, South Bend Division. Judge Robert L. Miller, Jr.
Criminal. Affirms, per curiam, a jury’s conviction of Nehemiah Felders for unlawful possession of a firearm and his 96-month sentence. Finds the record is silent about what was on the card a police officer read to Felders, of which the officer asserted was Felder’s Miranda warnings. Finds that on a silent record Felders cannot show that any error occurred — not when the warnings were read, not in the district court.

Wednesday’s opinions
Indiana Court of Appeals
Russell G. Berg v. Stacey L. Berg
Domestic relations. Reverses the Allen Circuit Court’s grant of Stacey Berg’s motion to correct error and its award of half of the value of the account to her, finding the trial court erred. Finds Stacey is bound by the settlement agreement she entered into with her husband, Russell Berg, during mediation for their dissolution of marriage. Judge Terry Crone dissents with separate opinion.

In the Matter of: D.S. (Minor Child), And A.P. (Mother) v. Indiana Department of Child Services
Juvenile CHINS. Reverses the adjudication of A.P.’s minor child, D.S., as a child in need of services. Finds that because the Department of Child Services did not carry its burden that Mother’s actions or inactions have seriously endangered the Child, the trial court erred in adjudicating the child to be CHINS.

National Collegiate Athletic Association v. Federal Insurance Company, et al.
Civil plenary. Affirms the Marion Superior Court’s partial grant of summary judgment in favor of Federal Insurance and other insurers. Finds the trial court did not err, holding that no genuine issue of material fact exists that the Related Wrongful Acts Exclusion in the NCAA insurance policies bars coverage for the NCAA in the Jenkins et al. v. Nat’l Collegiate Athletic Assoc. lawsuit.

A.M. v. State of Indiana (mem. dec.)
Juvenile. Affirms A.M.’s commitment to the Department of Correction following her admission to domestic battery, which would be a Class A misdemeanor if committed by an adult. Finds that the Vanderburgh Superior Court did not abuse its discretion when it committed A.M. to the DOC.

Scott A. Ruhlander v. State of Indiana (mem. dec.)
Criminal. Affirms Scott Ruhlander’s six-year sentence for conviction in Tippecane Superior Court of Level 5 felony operating a motor vehicle after privileges were forfeited for life. Finds his sentence is not inappropriate.

Lasandra Norman v. State of Indiana (mem. dec.)
Criminal. Affirms Lasandra Norman’s conviction of Class A misdemeanor operating a vehicle while intoxicated and endangering a person less than 18 years of age. Finds sufficient evidence to support her conviction in Lake Superior Court.

Curtis Jarvis Carter v. State of Indiana (mem. dec.)
Criminal. Affirms Curtis Carter’s conviction in Case Superior Court for Level 2 felony dealing in a narcotic drug and Level 3 felony dealing in cocaine. Finds sufficient evidence to support the convictions.

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