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Opinions Oct. 2, 2023

October 2, 2023

Court of Appeals of Indiana
Gustavo Salgado v. State of Indiana (mem. dec.)
22A-CR-2738
Criminal. Affirms Gustavo Salgado’s conviction in Elkhart Superior Court of Class C misdemeanor operating a vehicle with an alcohol concentration equivalent of at least 0.08 grams of alcohol but less than 0.15 grams of alcohol per 210 liters of breath. Finds the trial court did not abuse its discretion when it found Dr. Dana Bors to be an expert on the issue of retrograde extrapolations or when it denied Salgado’s request to present cumulative evidence on surrebuttal. Also finds the state presented sufficient evidence to support Salgado’s conviction.

Cyndi Carrasco files to fill state Senate seat

October 2, 2023 | Peter Blanchard, Indianapolis Business Journal

Cyndi Carrasco, a Republican who lost to Democrat Ryan Mears in the 2022 election for Marion County prosecutor, has filed as a candidate for Indiana State Senate District 36.

Indiana launches online platform to search for addiction treatment

October 2, 2023 | Carley Lanich, Inside INdiana Business

State officials have announced the launch of a new addiction treatment locator designed to help find and compare treatment facilities.

2 Indianapolis officers indicted for shooting Black man who was sleeping in his car, prosecutor says

October 2, 2023 | Associated Press

A grand jury has indicted two Indianapolis Metropolitan Police Department officers for shooting a Black man who was sleeping in a car parked outside his grandmother’s house, a prosecutor said Friday.

Supreme Court justices taking the bench for first time since June

October 2, 2023 | Associated Press

The justices are taking the bench at the U.S. Supreme Court for the first time since late June. Their new term begins Monday with ethics concerns swirling around the court.

Donald Trump arrives in court for New York trial scrutinizing business practices

October 2, 2023 | Associated Press

Former President Donald Trump showed up on Monday for a trial in a lawsuit that could cost him control of Trump Tower and other prized properties, after vowing to defend his reputation in a case he calls “a sham.”

Attorney General Garland says in interview he’d resign if Biden asked him to take action on Trump

October 2, 2023 | Associated Press

Attorney General Merrick Garland said in an interview that aired Sunday that he would resign if asked by President Joe Biden to take action against Republican presidential frontrunner Donald Trump. But he doesn’t think he’ll be put in that position.

Government shutdown averted with little time to spare

October 2, 2023 | Associated Press

The threat of a federal government shutdown suddenly lifted late Saturday as President Joe Biden signed a temporary funding bill to keep agencies open with little time to spare after Congress rushed to approve the bipartisan deal.

McCarthy’s last-ditch plan to keep the government open collapses, making shutdown almost certain

September 29, 2023 | Associated Press

House Speaker Kevin McCarthy’s last-ditch plan to keep the federal government temporarily open collapsed in dramatic fashion Friday as a robust faction of hard-right holdouts rejected the package, making a shutdown almost certain.

Strict liability not applicable in quarry blast case, COA affirms

September 29, 2023 | Tyler Fenwick

Strict liability isn’t the applicable standard in a case involving a blasting company whose work caused damage at a limestone quarry, the Court of Appeals of Indiana has affirmed.

Opinions Sept. 29, 2023

September 29, 2023

Court of Appeals of Indiana
Israel Hernandez v. State of Indiana
23A-CR-219
Criminal. Affirms the denial of Israel Hernandez’s motion to dismiss a charging information for invasion of privacy as facially defective. Finds the charging information is not facially defective.

Holcomb appoints judges in Howard, Vanderburg Cos., JNC member in St. Joe county

September 29, 2023 | IL Staff

Gov. Eric Holcomb this week announced judicial appointments in Howard and Vanderburgh counties, as well as an appointment to the St. Joseph County Judicial Nominating Commission.

Uninsured motorist coverage does not apply to employee involved in crash while driving own vehicle, COA affirms

September 29, 2023 | Daniel Carson

An employee involved in a crash while driving his own vehicle to work was not covered by his employer’s insurance policy, the Court of Appeals of Indiana has affirmed.

Alleged act of viewing protected person’s Instagram is sufficient for charging information, COA affirms

September 29, 2023 | Daniel Carson

Allegations that a man viewed a protected person’s Instagram posts are sufficient to charge him with invasion of privacy, the Court of Appeals of Indiana affirmed Friday.

Supreme Court will decide if state laws limiting social media platforms violate Constitution

September 29, 2023 | Associated Press

The Supreme Court agreed Friday to decide whether state laws that seek to regulate Facebook, TikTok, X and other social media platforms violate the Constitution.

Final day for 2024 Corporate Counsel Guide submissions

September 29, 2023 | IL Staff

Today is the final day to submit your company’s information for Indiana Lawyer’s 2024 Corporate Counsel Guide.

Indiana governor breaks ground on $1.2 billion state prison that will replace 2 others

September 29, 2023 | Associated Press

Indiana Gov. Eric Holcomb broke ground Thursday on a $1.2 billion prison in northern Indiana that will replace two others in the state’s costliest building project ever.

SUPREME COURT NOTEBOOK: From bananas to baby socks, lawyers stick to routines before arguments

September 29, 2023 | Associated Press

The Supreme Court, which begins its new term on Monday, is awash in ritual. So it’s no surprise that the lawyers have a few regular, if occasionally eccentric, observances of their own.

Democratic Sen. Dianne Feinstein of California, an advocate for liberal priorities, dies at age 90

September 29, 2023 | Associated Press

U.S. Sen. Dianne Feinstein of California, a centrist Democrat and champion of liberal causes who was elected to the Senate in 1992 and broke gender barriers throughout her long career in local and national politics, has died. She was 90.

IN Supreme Court justices talk qualifications, diversity with students

September 28, 2023 | Tyler Fenwick

More than 500 college and high school students gathered at Trine University on Wednesday to listen to oral arguments in front of the Indiana Supreme Court and ask questions of the state’s five justices.

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Opinions Oct. 2, 2023

Cyndi Carrasco files to fill state Senate seat

2 Indianapolis officers indicted for shooting Black man who was sleeping in his car, prosecutor says

Supreme Court justices taking the bench for first time since June

Donald Trump arrives in court for New York trial scrutinizing business practices

Attorney General Garland says in interview he’d resign if Biden asked him to take action on Trump

Government shutdown averted with little time to spare

McCarthy’s last-ditch plan to keep the government open collapses, making shutdown almost certain

Strict liability not applicable in quarry blast case, COA affirms

Opinions Sept. 29, 2023

Holcomb appoints judges in Howard, Vanderburg Cos., JNC member in St. Joe county

Uninsured motorist coverage does not apply to employee involved in crash while driving own vehicle, COA affirms

Final day for 2024 Corporate Counsel Guide submissions

Indiana governor breaks ground on $1.2 billion state prison that will replace 2 others

SUPREME COURT NOTEBOOK: From bananas to baby socks, lawyers stick to routines before arguments

Democratic Sen. Dianne Feinstein of California, an advocate for liberal priorities, dies at age 90

IN Supreme Court justices talk qualifications, diversity with students