Opinions Oct. 2, 2023

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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.

Chancton S. Floyd v. Brianna M. Murphy, Denise Murphy (mem. dec.)
23A-JP-870
Juvenile paternity. Reverses the Wabash Circuit Court’s award of custody of father Chancton Floyd’s daughter to a third party, Denise Murphy, the maternal grandmother. Finds the grandmother failed to rebut the presumption that a natural parent should have custody of his child. Remands with instructions to award father legal and physical custody of child and to determine child support and parenting time.

Dennis Turner v. State of Indiana (mem. dec.)
23A-MI-90
Miscellaneous. Affirms the Putnam Superior Court’s denial of Dennis Turner’s petition for habeas corpus relief. Finds Turner is not entitled to immediate release and a preliminary hearing was not required.

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