Law Day To Feature Appeals On Wheels And Q&A Session

The University of Southern Indiana College of Liberal Arts will host Law Day on Wednesday, February 9, featuring Appeals on Wheels and two Q&A sessions in Carter Hall, located in University Center West.

A full schedule of the day’s events is below:

10 a.m.: Indiana Court of Appeals Oral Argument

The Court will hear Justin Ryan Yeary v. State of Indiana, 21A-CR-1080, a post-conviction relief case concerning a Level 1 felony.

Justin Yeary appeals his conviction of and sentence for Level 1 felony dealing in a narcotic causing death (Indiana Code § 35-42-1-1.5), also known as the “Drug-Induced Homicide” statute. He argues the statute is unconstitutionally vague based on the Sixth and Fourteenth Amendments to the United States Constitution because it denies him due process by excluding from possible defenses to the crime Humphrey’s voluntary ingestion of the controlled substance. Yeary also contends the commission of the crime is “based nearly exclusively on the future actions of others, which fails to put a person on reasonable notice that the statute will apply to his conduct and allows for arbitrary enforcement of the statute.” Yeary additionally challenges the trial court’s decisions to (1) refuse to admit evidence of possibly exculpatory text messages, and (2) deny his request for jury instructions regarding the issue of causation. Even considering these alleged errors, Yeary asserts the State did not present sufficient evidence he committed Drug-Induced Homicide because the State did not produce evidence that Yeary was the sole source of the fentanyl found in Humphrey’s blood at the time of his death. Finally, Yeary argues his 35-year sentence is inappropriate based on the nature of the crime and his character.

The oral arguments will be held in person and are free and open to the public. A moderated Q&A session with the Court of Appeals will be held following oral arguments.

3 p.m.: Q&A with Indiana Judge Melissa S. May

Indiana Judge Melissa S. May will participate in a Q&A session. The session will be recorded for those who wish to view it later at USI.edu/law-day.

May was appointed to the Indiana Court of Appeals by Governor Frank O’Bannon in April 1998. She received her bachelor’s degree in criminal justice from Indiana University-South Bend and a Juris Doctor degree from Indiana University School of Law-Indianapolis. She is also a graduate of the Graduate Program for Indiana Judges. Prior to her appointment to the Court, May practiced law for 14 years in Evansville, Indiana, where she focused on insurance defense and personal injury litigation.

For more information, contact Nick LaRowe, Pre-Law Coordinator, at nllarowe@usi.edu or 812-464-1727.

FOOTNOTE: Founded in 1965, the University of Southern Indiana enrolls more than 9,750 dual credit, undergraduate, graduate and doctoral students in more than 130 areas of study. A public higher education institution, located on a beautiful 1,400-acre campus in Evansville, Indiana, USI offers programs through the College of Liberal Arts, Romain College of Business, College of Nursing and Health Professions and the Pott College of Science, Engineering, and Education. USI is a Carnegie Foundation Community Engaged University and offers continuing education and special programs to more than 20,000 participants annually through Outreach and Engagement. USI is online at USI.edu.