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. Great observation Smith. By my lights, speaking personally, they already have. They counted my religious perspective in a pro-life context as a symptom of mental illness and then violated all semblance of due process to banish me for life from the Indiana bar. The headline reveals the truth of the Hoosier elite's animus. Details here: Denied 2016 petition for cert (this time around): (“2016Pet”) Amicus brief 2016: (“2016Amici”) As many may recall, I was banned for five years for failing to "repent" of my religious views on life and the law when a bar examiner demanded it of me, resulting in a time out to reconsider my "clinging." The time out did not work, so now I am banned for life. Here is the five year time out order: Denied 2010 petition for cert (from the 2009 denial and five year banishment): (“2010Pet”) Read this quickly if you are going to read it, the elites will likely demand it be pulled down or pile comments on to bury it. (As they have buried me.)

  2. if the proabortion zealots and intolerant secularist anti-religious bigots keep on shutting down every hint of religious observance in american society, or attacking every ounce of respect that the state may have left for it, they may just break off their teeth.

  3. "drug dealers and traffickers need to be locked up". "we cannot afford just to continue to build prisons". "drug abuse is strangling many families and communities". "establishing more treatment and prevention programs will also be priorities". Seems to be what politicians have been saying for at least three decades now. If these are the most original thoughts these two have on the issues of drug trafficking and drug abuse, then we're no closer to solving the problem than we were back in the 90s when crack cocaine was the epidemic. We really need to begin demanding more original thought from those we elect to office. We also need to begin to accept that each of us is part of the solution to a problem that government cannot solve.

  4. What is with the bias exclusion of the only candidate that made sense, Rex Bell? The Democrat and Republican Party have created this problem, why on earth would anyone believe they are able to fix it without pushing government into matters it doesn't belong?

  5. This is what happens when daddy hands over a business to his moron son and thinks that everything will be ok. this bankruptcy is nothing more than Gary pulling the strings to never pay the creditors that he and his son have ripped off. they are scum and they know it.