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Tuesday, March 30, 2004

Indiana Decisions - Court of Appeals to hear another chewing tobacco/breathalyzer case

A story today in the Terre Haute Tribune Star reports that the Indiana Court of Appeals will hear a case on the Indiana Statute University campus tomorrow, March 31st. The story reports that in the case, Fields v. State:

Fields, who was convicted in Shelby County of operating a vehicle while intoxicated, is appealing, claiming that the breath test he was given was invalid and inadmissible at trial because he had chewing tobacco in his mouth when the test was administered.

The prosecution has asked that Fields' brief be thrown out because Fields cited to and attached an article from a science journal to support his argument, but he did not present the article to the trial court.

The story notes that "Judge Ezra H. Friedlander is a member of the three-judge panel scheduled to hear the case." Judge Friedlander was also a member of the panel that last month ruled on another chewing tobacco/breathalyzer case, State v. Molnar (2/13/04). See the Indiana Law Blog entries here and here.

Re the "science journal" issue mentioned in the Tribune Star story, the docket in Fields v. State contains this order by Chief Judge Sanford Brook, dated 1/8/04:

HAVING REVIEWED THE MATTER, THE COURT FINDS AND ORDERS THAT THE APPELLEE'S MOTION TO STRIKE PORTIONS OF BRIEF OF APPELLANT IS HELD IN ABEYANCE TO BE DECIDED BY THE WRITING PANEL OF JUDGES AFTER THE CASE IS FULLY BRIEFED AND SENT TO THE COURT FOR DECISION. PERSONNEL IN THE OFFICE OF THE ADMINISTRATOR OF THIS COURT ARE DIRECTED TO MARK THEIR DOCKETS, TO BRING THE MOTION TO STRIKE TO THE ATTENTION OF THE WRITING PANEL OF JUDGES.
Further, an order by Acting CJ John Sharpnack, dated 2/24/04, states:
THE COURT SET THIS CASE FOR ORAL ARGUMENT FOR THE TIME AND PLACE TO-WIT: 10:00 A.M., LOCAL TIME WEDNESDAY, MARCH 31, 2004 AND THE COURT HEREBY DESIGNATES DEDE I. INDIANA STATE UNIVERSITY TERRE HAUTE, INDIANA AS THE PLACE FOR HOLDING SAID ARGUMENT. DIRECTION'S TO ISU FROM INDIANAPOLIS ARE ATTACHED.

THE COURT IS PARTICULARLY INTERESTED IN THE PARTIES ADDRESSING THE JUDICIAL NOTICE ISSUE AT THE BEGINNING OF THE ARGUMENT. EACH SIDE IS ALLOTTED TWENTY MINUTES FOR ARGUMENT.

Posted by Marcia Oddi on March 30, 2004 12:18 PM
Posted to Indiana Decisions