To convict a person of operating a vehicle with an alcohol concentration equivalent to at least .08 but less than .15 g/100mL of blood, only the scientific measurement in the lab report is relevant and not evidence of visible intoxication. A blood test that presented only a range from .07 to .084 g/100mL is insufficient to support a conviction.
Siebenaler v. State, No. 18A-CR-1381, __ N.E.3d __ (Ind. Ct. App., April 26, 2019).
Court affirmed defendant’s convictions of child pornography and child exploitation where the images depicted sexual conduct, but reversed convictions where mere nudity was involved.
Pack v. Truth Publishing Co., Inc., No. 18A-PL-1742, __ N.E.3d __ (Ind. Ct. App., April 23, 2019).
Under the Anti-SLAPP statutes, the newspaper was entitled to summary judgment; the newspaper designated prima facie evidence that the article was published to inform the community of a federal lawsuit filed against a local public school alleging the school corporation engaged in religious discrimination and the publication was taken in good faith and with a reasonable basis in law and fact.
Scales v. Warrick County Sheriff’s Department, No 18A-MI-1590, __ N.E.3d __ (Ind. Ct. App., April 17, 2019).
The investigatory records exception to disclosure under APRA does not apply to the records for a missing persons investigation.
Brenner v. All Steel Carports, Inc, No 18A-CC-1342, __ N.E.3d __ (Ind. Ct. App., April 18, 2019).
The Workers Compensation Act does not deprive the trial court of subject matter jurisdiction over claims against third parties.