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.
Appeals
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.
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.