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 (WISH) — Thousands of firefighters from around the world are in downtown Indianapolis for one of the world’s largest fire and rescue training events.
The 99th Fire Department Instructors Conference started Monday and runs through Saturday at Lucas Oil Stadium and the Indiana Convention Center.
This is the 32nd year the FDIC has been held in the Circle City, and over 38,000 firefighters are in town for the event.
The conference includes hands-on fire and EMS training scenarios, classroom sessions, workshops, guest speakers, and 900 exhibitors.
“We’re uniquely positioned where we do 138 hands-on training sessions. That means the students get on the buses, they go out to fire academies, they go out to structures through our network of 350+ instructors,” Chief David Rhodes, editor-in-chief of “Fire Engineering,” told News 8.
Rhodes says conventions like FDIC help take firefighters to the next level in training situations.
“They not only get to learn to do it, but they get to do it. Whether it’s going into a fire, whether it’s searching a building, or cutting someone out of a car.”
Click here to learn more about FDIC International.
There’s a small-town state park in Indiana with rugged sandstone ravines, deep canyons, ladders, steps, and tranquil scenes of Sugar Creek. Sounds like Turkey Run State Park in Marshall, doesn’t it? Well, it’s not. Less than 10 miles away, there is another park often overlooked by the one million visitors who come to west-central Indiana. Shades State Park in Waveland is a quieter and more remote version of the popular Turkey Run, so much so that it feels like a local secret.
But this low-key state park has a few hidden secrets that you can’t find anywhere else in the state. Find out what makes this one of the best state parks in Indiana to visit.
Why This Small-Town State Park Stands Out in Indiana
At over 3,000 acres, surprisingly, Shades is actually larger than Turkey Run, yet it’s often called the “less popular little brother.” And although they may have the same features, Shades State Park stands out in more than one way. For instance, this remote park offers rugged trails with dramatic views without the crowds. So, if you want to spend time without feeling rushed, this is the place for you.
Moreover, because it’s located in the rural town of Waveland, the park boasts some of the darkest skies in Indiana and hosts events throughout the year. Stargazers rejoice! You can spend dreamy nights here, looking up into the heavens, letting your imagination take you through the cosmos.
Additionally, there are unique geological formations, secluded canoe-only campsites, and incredible overlooks that make this park even that more special. And as the light filters into the less-traveled paths with canyon walls covered in moss, it looks otherworldly. In my opinion, and I am sure many Hoosiers will agree, Shades is arguably one of the most underrated hidden gems in Indiana.
What You’ll Experience at Shades State Park
Shades is known for its more rustic and less developed landscapes. Its rugged terrain makes it a fun playground to explore. Here, you’ll have access to Devil’s Backbone, a steep hike along a jagged ridge with vertical drops, with unique geological features, and it’s not for the faint of heart. It’s found on the three-mile Pine Hills Nature Preserve Trail. This is the kind of trek that you would do when you need a challenge.
The 6 Ravine Challenge trail is an adventure on its own, and one of the best hikes in Indiana. The name says it all; you’ll be hiking through six ravines on this trek. Along with the rugged and rocky terrain, come ready to climb ladders and steps to enter the narrow, carved-out canyon walls. It’s part of the fun on this hike, though, and standing inside these crevices carved out millions of years ago will leave you in awe.
Thanks to Sugar Creek, keep an eye out for the waterfalls in the area; some just slowly trickling over the rocks, but still worth the attention. And speaking of Sugar Creek, it’s another reason to visit the park. Shades has secluded campsites along the scenic water that are accessible only by canoe or kayak. Not only can you spend the night, but you can also paddle all the way to Turkey Run State Park on the creek.
Shades State Park might be the overlooked brother to Turkey Run, but this underrated state park in Indiana surely knows how to shine, in a quieter, more intimate way. That’s why locals love it so much, and you will, too.
Local Tips for Visiting
Even in peak season from April through October, Shades will be far less crowded than its “popular brother.” That said, spring is a great time to visit to see the wildflowers and flowing waters, and summer is the prime season for camping and canoeing. Of course, fall is when the park lights up with autumn colors, attracting leaf peepers galore. And the frosty season is when the park settles in. Avoid the crowds by visiting in winter, early morning, or on weekdays.
Come prepared to hike in less-developed, rugged terrain, with downed trees. Meaning, there will be rock scrambling, climbing, and you’ll find muddy and slippery sections, too. Your sneakers might not hold up here, so leave them behind. With all that there is to do and see inside Shades State Park, you’ll need more than just a day here. This means camping is the way to go! If you’re camping, be sure to bring your stargazing equipment to take advantage of the dark skies here.
The Shades campground is pretty simple with basic amenities and no electric or sewer hookups. There are just over 100 sites, 7 backcountry sites, and 10 water-access sites, perfect for those paddling on Sugar Creek.
What to Know Before You Go
Keep in mind that Shades State Park charges an entrance fee per vehicle, which varies based on residency. Bikers and hikers pay a small fee as well. If you plan on stargazing after 11 p.m, you’ll need to get a permit from the office. Visit the Shades State Park Clear Sky Chart to plan your visit.
If you come during the winter, the park has limited facilities, and some areas will have no water. So, unless you want to really rough it in the wilderness, I would skip camping here from November through April. The good news is, you might have the campsite to yourself. Before you visit, check the Shades State Park website for closures and updates.
It’s easy to see why Hoosiers like to keep this laid-back park their little secret. This is where they can come and fully immerse themselves in a peaceful, serene park with incredible views and natural wonders.
Plus, the nearby town of Waveland is a wonderful small town in Indiana to visit. Enjoy scenic rural drives to wide-open fields and nearby covered bridges. This is where slow travelers come to trade the crowds for peace.
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