The Indiana Court of Appeals will hear traveling arguments in two cases this week, starting Tuesday in Bartholomew County with a case involving a drug-dealing conviction.
In Sebastian D. Durstock v. State of Indiana, 15A01-1711-CR-02718, Lawrenceburg police officers saw Sebastian Durstock walk out of an apartment restroom in January 2017 and noticed that he appeared to be under the influence of opiates. An apartment resident permitted officers to search the bathroom, where they found a backpack containing a gun and a scale.
Officers then conducted a pat down of Durstock in search of weapons, but instead found a syringe and a bag of fentanyl in his pockets. Following his arrest, Durstock received a 17½-year sentence for his conviction of Level 2 felony dealing in a narcotic drug.
He now appeals and argues the trial court erred by admitting evidence found on his person during the pat down search. He also argues the evidence is insufficient to sustain his conviction and that his sentence is inappropriate.
Durstock’s case will be heard at 1:30 p.m. at Ivy Tech Community College in Columbus.
Then on Thursday, a panel will hear argument at North Central High School in the case of Jazzmen Bails v. State of Indiana, 18A-CR-00761.
In June 2017, Jazzmen Bails was convicted of Class A misdemeanor battery causing bodily harm when she forced her way into Denise Fugett’s home and punched her in the face multiple times. Bails argues she used self-defense in punching Fugett after Bails received death threats from Fugett’s daughters and believed Fugett was about to harm her first.
Bails challenges the trial court’s conclusion that the state presented sufficient evidence to overcome her claim of self-defense. The arguments will be heard at 12:45 p.m. Thursday.