ILNews

Court upholds murder conviction

Jennifer Nelson
January 1, 2008
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The Indiana Court of Appeals upheld a Brown County man's murder conviction, finding there was sufficient evidence to show he killed his wife in 2003.

The man, Michael B. Smith, appealed his conviction, arguing evidence was admitted in violation of Indiana Evidence Rule 404(b) and that it was insufficient to support his conviction. Smith was found guilty of killing his wife Linda, whom he claimed he found alone in their hot tub after he fell asleep earlier in the evening.

In Michael B. Smith v. State of Indiana, No. 07A05-0701-CR-50, the appellate court unanimously found the admittance of testimony from first responders, police, doctors, relatives of Smith's wife, and co-workers - Smith only objected to one person's testimony at trial - was not a fundamental error by the trial court. The witnesses testified about how Linda's body wasn't wet even though Smith claimed he pulled her from the hot tub and his clothes and the area around the hot tub were not wet when first responders arrived.

Some testified how Linda was different when Smith was around, and how their business was in financial trouble. Their testimony also indicated Linda suffered verbal and sometimes physical abuse at the hands of her husband.

A part of the state's theory for Smith's motive to kill Linda was a financial one. Their business was in trouble and he had taken out life insurance polices only on Linda. He also cashed in her pension to support the business.

There was no error by the court to allow admission of Smith's behavior and treatment of his wife, including preventing her from giving out her phone number, requiring her to check in with him, and making derogatory comments toward her, Judge Melissa May wrote.

The trial court conducted a hearing on the state's notice of intent to use 404(b) evidence and ordered that a large portion of it be based on recent observations. The court also gave limiting instructions, and as a result, didn't abuse its discretion, she wrote.

The state also provided ample evidence as to his motive to kill Linda. Smith's story of how he found Linda, how she may have died, and what he was doing before he discovered her body alone in the hot tub was inconsistent, the judge wrote.

"There was sufficient evidence for a rational jury to find Michael guilty of murder," Judge May wrote.
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  1. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  2. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  3. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  4. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

  5. ACLU. Way to step up against the police state. I see a lot of things from the ACLU I don't like but this one is a gold star in its column.... instead of fighting it the authorities should apologize and back off.

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