Indiana’s Court of Appeals will hear an oral argument in an appeal of a criminal case at Ivy Tech Community College — Columbus that will be open to the public.
A panel consisting of Judge L. Mark Bailey, Judge Robert R. Altice and Judge Elizabeth F. Tavitas will hear the case, Sebastian D. Durstock vs. the State of Indiana, at 1:30 p.m. Tuesday at the Columbus Learning Center Auditorium, Room 100, 4555 Central Ave. It will last about one hour.
The oral argument marks the appeals court’s 41st Appeals on Wheels event this year.
The Court of Appeals hears oral arguments across Indiana to allow Hoosiers to observe real-world issues that face the court and learn more about the court’s role in Indiana government.
Audiences also have the opportunity to observe skilled legal arguments and advocacy by Indiana attorneys, against a backdrop of case-specific facts and statutory and constitutional law.
The case being heard Tuesday involves an incident on Jan. 13, 2017 when Lawrenceburg police officers and emergency medical providers responded to a report of an unconscious woman inside an apartment.
As they were assisting the woman, officers heard water running in the bathroom. When Durstock walked out of the bathroom, officers noticed he appeared to be under the influence of opiates, the case states.
An apartment resident gave officers permission to search the bathroom, where officers found a backpack containing a gun and a scale, the case states. The officers did a pat-down search of Durstock for weapons and felt an object consistent with a syringe in his pocket, the case states.
Officers removed the item, which was a syringe, and placed Durstock under arrest for unlawful possession of a syringe, the case states. When Durstock was searched, officers found a bag containing fentanyl in Durstock’s pocket, the case states.
Durstock was convicted of felony dealing in a narcotic drug, and the trial court sentenced him to 17 and 1/2 years in prison, with 2 1/2 years suspended to probation, the case states.
In Durstock’s appeal, he wants the Court of Appeals to rule on whether the trial court erred by admitting evidence found in Durstock’s possession during the pat-down search, whether the evidence was sufficient to sustain the conviction and whether his sentence is appropriate.
The event will conclude with a question-and-answer session with the audience. However, judges will be unable to speak about the Durstock case.
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What: Appeals on Wheels
When: 1:30 p.m. Tuesday
Where: Columbus Learning Center Auditorium, Room 100, 4555 Central Ave.
How much: Free and open to the public
For more information: courts.in.gov/appeals
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