Indiana
Indiana Supreme Court weighs discovery of cell phone data with right to privacy
INDIANAPOLIS (INDIANA CAPITAL CHRONICLE) — The Indiana Supreme Court is considering how to balance the discovery of cell phone information with privacy rights following a hearing Thursday where a car accident victim wanted access to phone data of the driver who struck him.
The victim, Charles Jennings, argued a lower trial court abused its discretion when prohibiting him from inspecting the phone data.
During Thursday’s oral argument, a lawyer for Jennings said the exclusion of the requested evidence could have contradicted the driver’s deposition and impacted the outcome of a jury trial. Jennings sought phone data showing whether the person driving was using the navigation application “Waze” during the accident.
A smartphone contains far more information than a personal diary.
– Attorney Bob Durham
“If this jury knew that she was lying about having Waze on, at the end of the day they would say ‘okay we don’t trust her,’” said Bryan Babb.
However, a lawyer for the driver, Jessica Smiley, said allowing the man to access her unlocked phone posed overwhelming privacy concerns.
“A smartphone contains far more information than a personal diary,” said Bob Durham.
Background of the case
Smiley was driving in Carmel in December 2019 when she struck Jennings, who was walking across the street at the time of the accident. According to an Indiana Court of Appeals opinion, Jennings had stepped into the street from behind a box truck, which had blocked Smiley’s view of him. Jennings sued Smiley in February 2020, arguing she had been “negligent” while driving. In her answer to Jennings’ complaint, Smiley claimed Jennings had been “contributorily negligent.”
A year later, Jennings moved to compel discovery of Smiley’s cellphone data, seeking to find out if she was using Waze at the time of the accident. Smiley had previously said in a deposition that she had been using the app when she started her drive, but was not using it during the accident.
Although the trial court initially granted Jennings’ motion, Smiley asked the court to reconsider due to privacy concerns. In September 2021 the trial court overrode its prior decision and denied the motion to compel.
In January 2023 a jury found Jennings had been 90% at fault and Smiley had been 10% at fault for the accident after experts testified Jennings had not crossed at an intersection or crosswalk, and that there was limited evidence Smiley was distracted or driving recklessly. The trial court ruled in Smiley’s favor and the Indiana Court of Appeals affirmed that decision.
Balancing discovery and privacy
During Thursday’s hearing, Babb argued the trial court’s decision to deny the requested discovery constituted a reversible error. He said if his client finds data showing Smiley was using the navigation app at the time of the accident, the jury’s judgment should be reversed and vacated.
Babb said Jennings needed access to Smiley’s phone to see if she was using the application within an hour of the accident. If they found Waze was running, Babb asserted they could then investigate further to find out if Smiley was interacting with the app — which allows users to tap on their screens to report traffic delays and accidents. Since Smiley said in her deposition she wasn’t using the app, just that she had checked the app before starting her drive, Babb said contradicting data would prove she was “a liar” — something he believes would influence a jury’s decision.
However, Indiana Supreme Court Justice Geoffrey Slaughter said Jennings could have gotten that same information without accessing the phone, such as by contacting Waze to obtain the user data.
“It’s not obvious to me you couldn’t have gotten it from an alternative source,” Slaughter said.
Additionally, Durham, Smiley’s attorney, said the characterization of his client was not central to the case.
“The question for the jury was ‘was she negligent?’ not ‘is she a liar?’” Durham told the court.
The justices asked both parties’ attorneys about the privacy implications of allowing cell phone discovery in civil cases. Durham said that even if the other party was only looking for the hour of Waze data, there are no safeguards to prevent them from accessing texts, emails and other personal information.
“Discovery in its very nature is intrusive,” Justice Derek Molter said in response to Durham.
The court will issue a decision in the coming months.
INDIANAPOLIS – Indiana Gov. Mike Braun announced an extension of the state’s gas tax holiday through July 7.
The move extends the suspension of Indiana’s 7% Gasoline Usage Tax and the state’s Gasoline Excise Tax for a second time. The current suspension had been scheduled to expire June 7.
Braun said the extension is part of an effort to keep costs down for Indiana families.
“Indiana has the cheapest gas in the country because we are using every tool in the toolbox to save Hoosier families money,” Braun said in a statement. “Affordability is my number one priority.”
By the numbers:
According to AAA, Indiana currently has the nation’s lowest average gas price, with regular gasoline averaging $3.585 per gallon.
State officials said drivers will save more than 62 cents per gallon while both taxes remain suspended. For June, the Gasoline Usage Tax would otherwise total 26.5 cents per gallon, while the Gasoline Excise Tax stands at 36 cents per gallon.
Dig deeper:
The extension is being carried out under Indiana’s energy emergency statute. State officials said an energy emergency declared in April remains in effect and allows the governor to continue related relief measures for up to 120 days.
Indiana lawmakers limited a governor’s emergency powers tied to statewide disaster declarations to 60 days following the COVID-19 pandemic. However, state officials noted that energy emergencies operate under separate legal authority and retain a 120-day maximum duration.
Braun first suspended the Gasoline Usage Tax on April 8. He expanded the relief on May 6 by also suspending the Gasoline Excise Tax, more than doubling the savings available to motorists.
The latest extension means Indiana drivers will continue receiving the tax relief through at least early July.
The Source: The information in this report came from the Indiana Governor’s Office.
Indiana football’s Curt Cignetti raises concerns over costs
Indiana coach Curt Cignetti is speaking out on rising roster costs. Cignetti says players should get paid, but universities can’t handle it.
Josh Hoover is replacing a guy who won the Heisman Trophy while leading Indiana football to a national championship. No pressure there, right?
Being the guy who replaces the guy brings Hoover the distinction as the top college football transfer entering the 2026 season, according to Billy Tucker of ESPN.
The Hoosiers have four players on this 100-player list, three of them in the top 20.
According to the story: “Each player is ranked based on a team’s need and what physical skill set they bring to their new team.”
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Need: “With Fernando Mendoza off to the NFL and backup Alberto Mendoza having transferred to Georgia Tech, the Hoosiers needed another experienced passer capable of sustaining College Football Playoff expectations in Bloomington. Indiana has become one of the portal’s premier destinations for quarterbacks, and Hoover, who transferred from TCU, is next in line after Kurtis Rourke and national champion and Heisman winner Fernando Mendoza.”
Value: “Hoover gives (coach) Curt Cignetti extensive experience, skill and production after throwing for 9,629 yards and 71 touchdowns at TCU. He is a confident gunslinger who thrives pushing the ball vertically and operating within RPO concepts. His swagger and aggressiveness should unlock explosive plays through the air, albeit with some volatility. Hoover has 42 career turnovers and only one season without double-digit interceptions.”
No. 11: Nick Marsh, Indiana wide receiver
Need: “Marsh is a proven No. 1 receiver as the Hoosiers transition to a new era at the position after Omar Cooper Jr. and Elijah Sarratt moved on to the NFL. They couldn’t afford to wait on a younger, more projectable receiver. Marsh instead is a ready-made top target and established focal point. He should be the clear primary receiving option.”
Value: “A former ESPN 300 recruit, Marsh led Michigan State in receiving in back-to-back seasons, totaling 100 catches for 1,311 yards and nine touchdowns. At 6-3, 203 pounds, he brings Big Ten-ready size paired with vertical speed, allowing him to win downfield and on contested 50-50 opportunities. He is effective as a deep threat and as a physical receiver who can work through contact. Cignetti saw Marsh’s ability up close. He had 12 catches for 142 yards and two touchdowns across two games against Indiana, reinforcing his ability to elevate the passing attack immediately.”
No. 18: Tobi Osunsanmi, Indiana edge rusher
Need: “Adding Osunsanmi, a Kansas State transfer, will help Indiana reload for its national title defense. The Hoosiers lost Mikail Kamara, Stephen Daley and Kellan Wyatt, creating a clear need along the defensive front. Osunsanmi is an ideal plug-and-play addition. The versatile pass rusher should translate fluidly to defensive coordinator Bryant Haines’ scheme.”
Value: “Osunsanmi suffered a season-ending injury that forced him to miss the second half of last season, but he flashed during the spring, creating havoc up front. He brings a strong combination of speed and power to pressure offensive tackles. His power allows him to play stout at the point of attack, set the edge or walk blockers back into the backfield to collapse the pocket. He also has the quickness and agility to win on loops and stunts, along with a motor that shows up in pursuit outside the box.”
Need: “The Hoosiers lost their two leading rushers from last season’s championship team with running backs Roman Hemby and Kaelon Black, who combined for 2,160 yards, off to the NFL. Though they return two other productive backs in Khobie Martin and Lee Beebe Jr., they also added production in the transfer portal with Richard, a Boston College back with a scheme-fitting skill set. The 5-8 rusher didn’t have many Power 4 offers out of high school, but one of the first programs to offer him was James Madison when Cignetti was at the helm.”
Value: “Richard had a very productive season in 2025 with 749 yards on the ground. He has a compact build that helps him play with a low center of gravity and the ability to break tackles. His running style is patient as he has a good feel to cut off the backside of blocks. He runs behind his pads and finishes runs with good demeanor. As a receiver out of the backfield, he also provides a reliable checkdown option. Cignetti noted that he liked what Richard did this spring as he will have the opportunity to be impactful and a reliable option at running back for an Indiana team that is looking to repeat.”
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Two future Boilermakers are taking the floor and will go head-to-head during Indiana All-Star Week. 2026 signee Luke Ertel and 2027 commit Isaiah Hill are battling it out on Wednesday, June 3, as the Indiana All-Stars will play the Indiana Junior All-Stars.
Wednesday will be the third time Ertel and Hill have played against each other this season. During the IHSAA basketball season, Ertel’s Mt. Vernon team took on Hill’s Pike squad twice.
Hill led the Red Devils to an 84-81 overtime victory during the regular season. In the Regional of the Class 4A IHSAA Basketball Tournament, Ertel guided Mt. Vernon to a 57-54 overtime victory. The Marauders went on to win the state championship.
Who will win the third and decisive battle between the future Boilermakers on Wednesday? Here’s the information necessary to watch the game.
How to watch the Indiana All-Star Game
- What — Indiana Junior All-Stars vs. Indiana All-Stars
- When — Wednesday, June 3, 2026
- Where — Mt. Vernon High School in Fortville, Ind.
- Tipoff time — 8 p.m. ET (approx.)
- Ticket price — $15
- Stream — ISC Indiana Sports Network YouTube Channel
Hill participated in Indiana-Kentucky Jr. All-Star Game
Wednesday night’s Junior-Senior All-Star Game will be the second time Hill has competed during Indiana All-Star Week. The Pike star and five-star center also played in Sunday’s Indiana-Kentucky Junior All-Star Game.
Hill put together a solid performance, scoring 15 points, grabbing a team-high seven rebounds and recording three blocks. His efforts helped lead Indiana to a 109-99 victory over Kentucky.
Ertel and the Indiana All-Stars have not yet played during Indiana All-Star Week, with their first game scheduled for Wednesday against the Junior All-Stars. Then, to close out the week, Ertel will participate in the Indiana-Kentucky All-Star Series, with games being played in Lexington and Indianapolis.
Ertel, Hill highly rated recruits in respective classes
There’s already plenty of hype surrounding Ertel and Hill, both players who are highly-ranked recruits in their respective classes.
Ertel is the top-ranked player from Indiana in the 2026 recruiting class and is considered a top-50 prospect by 247Sports. He was named Indiana Mr. Basketball, averaging 24.5 points, 9.9 rebounds and 6.6 assists per game in his senior season at Mt. Vernon.
Hill is a year younger, but became the highest-ranked recruit ever to commit to play at Purdue. The 2027 product was a star at Pike High School during his junior season, averaging 12.3 points, 9.7 rebounds and 4.3 blocks per game. He is a five-star prospect and ranked as the No. 10 player in the class, per ESPN.
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