Trial court improperly denied summary judgment to firearm seller because the seller is immune from liability under Ind. Code 34-12-3-3.
Appeals
Freeman v. Thompson, No. 18A-SC-2718, __ N.E.3d __ (Ind. Ct. App., May 6, 2019).
Magistrate is entitled to absolute judicial immunity for her report, even if erroneously made, of attorney’s alleged possession of a firearm inside the courthouse.
Core v. State, No. 91A02-1611-PC-2604, __ N.E.3d __ (Ind. Ct. App., April 24, 2019).
PCR Rule 2(1) allows an eligible defendant to appeal from a conviction or sentence after the time for filing an appeal has expired, but does not permit a belated appeal from a post-conviction or other post-judgment proceeding.
Artigas v. State, No. 18A-CR-2877, __ N.E.3d __ (Ind. Ct. App., April 26, 2019).
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.