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The Indiana Supreme Court will be holding four oral arguments this month in cases ranging from ballot access to the seizure of evidence.
The first case to go before the high court in February will be Diego Morales, Amanda Lowery, and Indiana Election Commission v. John Rust, 23S-PL-371, which is scheduled for oral arguments at 9 a.m. on Feb. 12.
John Rust is seeking to be on the Republican primary ballot for U.S. Senate in May.
But Indiana law requires that a candidate who wants to appear on a party’s ballot must have pulled that party’s ballot in the last two primary elections in which the candidate voted, or must have the backing of the local party chair.
Rust voted in the Republican primary in 2016, but not in 2020. Also, according to The Associated Press, he voted in the Democrat primary in 2012.
Jackson County Republican Party Chair Amanda Lowery declined to certify Rust due to his voting record.
He then sued the Indiana secretary of state, Indiana Election Commission and Lowery, alleging that the “Affiliation Statute” — Indiana Code 3-8-2-7(a)(4) — is unconstitutional.
The Marion Superior Court issued an order concluding the statute violated Rust’s rights under the First and 14th Amendments, thus entering a preliminary injunction.
The state is now appealing under Appellate Rule 4(A)(1)(b), which gives the Supreme Court mandatory and exclusive jurisdiction over appeals of final judgments that declare a state statute unconstitutional.
Then on Feb. 15, the high court will hear oral arguments in Sabrina L. Dunn v. State of Indiana, 22A-CR-2416, at 9 a.m.
In that case, the state charged Sabrina Dunn with her ex-husband’s murder.
The Orange Circuit Court rejected Dunn’s proposed jury instruction on the defense of dwelling. Instead, the trial court gave an instruction covering both the defense of dwelling and self-defense.
The jury found Dunn guilty, and the trial court sentenced her to a maximum of 65 years.
The Court of Appeals of Indiana affirmed the jury instruction but revised her sentence to 55 years.
Dunn has petitioned the Supreme Court to grant transfer.
On Feb. 19, the high court will be hosting its first Night Court for Legislators at 5:15 p.m., when it will hear arguments in Angela Y. Smith and Dylan Williams and $11,180 in United States Currency v. State of Indiana, 23S-MI-345.
There, the state had seized $11,180 in a parole-related search of Dylan Williams’ apartment. His aunt, Angela Smith, claimed that the money was hers and that she had given it to him to hold.
The Marion Superior Court issued an order finding the currency was subject to forfeiture, but the order did not state that Smith did not own the currency.
The Court of Appeals affirmed the trial court in July 2023 in a memorandum opinion rejecting Smith’s argument that the state did not prove a connection between the currency and criminal activity.
Finally, on Feb. 22, the justices will hear arguments in Theodore J. Canonge, Jr. v. State of Indiana, 24S-CR-015, at 9 a.m.
In that case, the state charged Theodore J. Canonge Jr. with several drug-related crimes after a traffic stop. Canonge moved to suppress evidence, arguing law enforcement unconstitutionally prolonged the stop and otherwise lacked independent reasonable suspicion to conduct a dog sniff.
The Hendricks Superior Court denied Canonge’s motion.
On appeal, the appellate court split in affirming the trial court and concluding that law enforcement had independent reasonable suspicion to conduct the dog sniff.
The arguments will be held in person in the court’s courtroom on the third floor of the Indiana Statehouse. They will also be livestreamed.
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