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. All the lawyers involved in this don't add up to a hill of beans; mostly yes-men punching their tickets for future advancement. REMF types. Window dressing. Who in this mess was a real hero? the whistleblower that let the public know about the torture, whom the US sent to Jail. John Kyriakou. http://www.nytimes.com/2013/01/26/us/ex-officer-for-cia-is-sentenced-in-leak-case.html?_r=0 Now, considering that Torture is Illegal, considering that during Vietnam a soldier was court-martialed and imprisoned for waterboarding, why has the whistleblower gone to jail but none of the torturers have been held to account? It's amazing that Uncle Sam's sunk lower than Vietnam. But that's where we're at. An even more unjust and pointless war conducted in an even more bogus manner. this from npr: "On Jan. 21, 1968, The Washington Post ran a front-page photo of a U.S. soldier supervising the waterboarding of a captured North Vietnamese soldier. The caption said the technique induced "a flooding sense of suffocation and drowning, meant to make him talk." The picture led to an Army investigation and, two months later, the court martial of the soldier." Today, the US itself has become lawless.

  2. "Brain Damage" alright.... The lunatic is on the grass/ The lunatic is on the grass/ Remembering games and daisy chains and laughs/ Got to keep the loonies on the path.... The lunatic is in the hall/ The lunatics are in my hall/ The paper holds their folded faces to the floor/ And every day the paper boy brings more/ And if the dam breaks open many years too soon/ And if there is no room upon the hill/ And if your head explodes with dark forbodings too/ I'll see you on the dark side of the moon!!!

  3. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  4. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  5. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

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