The Indiana Court of Appeals will travel northeast next week to hear arguments in a case involving a man charged in a fatal hit-and-run.
Chief Judge Nancy Vaidik and judges James Kirsch and Robert Altice will hear the case of Dennis Payne, Jr. v. State of Indiana, 19A-CR-00394 at 10 a.m. Tuesday at the Adams County Circuit Court.
In that case, Dennis Payne Jr. was charged with Level 5 felony failure to remain at the scene of an accident resulting in death and Level 6 felony obstruction of justice following a fatal hit-and-run in Indianapolis.
Police tracked down an SUV that matched the description of the one involved in the accident, saw that it had front-end damage and had the vehicle towed. After receiving a search warrant, police searched the SUV and found evidence linking Payne to the accident, leading to his subsequent charges.
Payne filed a motion to suppress the evidence found in the SUV, arguing police violated his constitutional rights by seizing the SUV without a search warrant. The Marion Superior Court denied the motion, and a jury found Payne guilty as charged.
On appeal, Payne renews his claim that the seizure of the SUV was unconstitutional.
The arguments will be heard at 112 S. 2nd St. in Decatur.