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Opinions July 12, 2018

July 12, 2018

The following 7th Circuit Court opinion was posted after IL deadline on Wednesday.
Nicholas Knopick v. Jayco, Inc.

17-2285
Appeal from the United Stated District Court for the Northern District of Indiana, South Bend Division.
Judge Jon DeGuilio
Civil. Affirms summary judgment for recreational vehicle manufacturer Jayco. Finds the language in the warranty protects the company from having to cover work on vehicles that are purchased by a business, as Nicholas Knopick did when he bought the Jayco on behalf of the company he controlled. Rules the repairs to the Knopicks’ RV were “good will” repairs and did not waive the warranty’s terms.

Indiana Court of Appeals
Sonny Davis v. State of Indiana (mem. dec.)

49A05-1710-PC-2328
Post conviction. Affirms the Marion Superior Court’s denial of Sonny Davis’ petition for post-conviction relief. Finds Davis was not denied effective assistance of trial and appellate counsel. Finds Davis has not raised a strong presumption that a new trial would achieve a different result.

John Means v. State of Indiana (mem. dec.)
49A04-1711-CR-2701
Criminal. Affirms John Means’ conviction of Level 4 felony unlawful possession of a firearm by a serious violent felon. Finds the Marion Superior Court did not err in admitting evidence stemming from the execution of Means’ arrest warrant. Finds his federal and state constitutional rights were not violated.

Charles A. Benson v. WANE-TV 15, Rod Hissong, Ted Linn, Angelia Robinson and Adam Widener (mem. dec.)
02A04-1711-CT-2866
Civil tort. Affirms the Allen Superior Court’s dismissal of Charles Benson’s complaint of defamation against Fort Wayne’s WANE-TV 15, as well as its current and former reporters and editors. Finds the trial court did not err in finding Benson’s claims as frivolous.

Patrick Holmes v. State of Indiana (mem. dec.)
49A05-1710-CR-2342
Criminal. Affirms the Marion Superior Court’s denial of Patrick Holmes’ petition to proceed pro se. Finds that Holmes did not request to represent himself within a reasonable time prior to trial.

Charles A. Benson v. News-Sentinel, Michael Christman, Sheryl Krieg, Cindy Larson, Lisa Esquivel Long (mem. dec.)
02A03-1711-CT-2865
Civil tort. Affirms the Allen Superior Court’s dismissal of Charles Benson’s complaint of defamation against the Fort Wayne News-Sentinel newspaper, as well as its current and former reporters and editors. Finds the trial court did not err in finding Benson’s claims as frivolous.

Ronte A. Terrell v. State of Indiana (mem. dec.)
79A04-1712-CR-2941
Criminal. Affirms Ronte Terrell’s conviction of Class B misdemeanor possession of marijuana. Finds the Tippecanoe Superior Court did not improperly admit evidence stemming from a police officer’s roadside search of Terrell’s person.

State of Indiana v. Ryan Stabler (mem. dec.)
18A-CR-166
Criminal. Reveres and remands the Howard Superior Court’s suppression of evidence found during a search of Ryan Stabler’s residence. Despite a mistake in the address, the affidavit and search warrant were valid, and the evidence does not require suppression.

Julio Cesar Pina v. State of Indiana (mem. dec.)
18A-CR-291
Criminal. Affirms in part, reverses in part Julio Pina’s 15-year sentence for conviction of Level 3 felony rape and certain conditions of his probation. Remands for entry of amended special probation conditions and an electronic device user agreement consistent with the court’s opinion.  

State of Indiana v. Cassey Gick (mem. dec.)
18A-CR-241
Criminal. Reverses the Carroll Circuit Court’s decision in granting Cassey Gick, a sex offender against a minor victim, to have visitation with her minor child while Gick is in the custody of the DOC. Finds the trial court exceeded its authority. Remands with instructions to amend the order to provide that visitation between Gick and her son is authorized and recommended, but not ordered.

 

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