The Indiana Court of Appeals travels to Terre Haute Thursday to hear arguments in a cocaine conviction case. The issue on appeal in the Marion Superior case Brian Montgomery v. State of Indiana, No. 49A04-0810-CR-636, is whether the trial court erred in admitting evidence obtained by police during a warrantless search of Brian Montgomery's hotel room. He claims there wasn't a valid consent to the search or exigent circumstances justifying the entry. Montgomery was convicted of Class A felony dealing in cocaine.
Judges James Kirch, Patricia Riley, and Margret Robb will hear the arguments at 10 a.m. in room Dede II in the Hulman Memorial Student Union Building, near 5th and Cherry streets on the campus of Indiana State University.