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Justices split on appellate review of prisoner litigant's claim

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One of Indiana's most well-known pro se prisoner litigants convinced two of the state justices that his latest appeal should get their attention, but the other three denied transfer relating to how the Indiana Court of Appeals dismissed the case.

In an order Monday denying transfer in Eric D. Smith v. Steve Euler, et al., No. 46A03-1011-CT-592, the Supreme Court examined how the state’s intermediate appellate court had handled an appeal of the New Castle inmate earlier in the year.

Convicted of arson in 2001, Eric D. Smith is serving a 20-year sentence and has filed dozens of suits through the years. One of those, Eric D. Smith v. Indiana Department of Correction, et al., No. 49S02-0804-CV-166, resulted in the Indiana Supreme Court’s holding in April 2008 that the state’s “Three Strikes Rule” against prisoner litigation was unconstitutional because it effectively closed the door on some prisoners and their ability to file legitimate claims.

The online appellate docket shows Smith has filed 99 appeals since 2002, with less than a dozen of those being criminal or post-conviction relief cases.

The instant case is against two correctional officers and the prison counselor. Smith’s suit involves a LaPorte Superior Court judgment dismissing his suit on grounds that it had already been adjudicated, and the case made its way to the Court of Appeals in late 2010. The appellate court in January ordered that Smith show cause within 35 days as to why the appeal shouldn’t be dismissed on res judicata, and in late February the court found Smith hadn’t done that and dismissed the case with prejudice. Smith filed a transfer petition in March.

While three justices voted to deny transfer, Justices Frank Sullivan and Brent Dickson dissented and issued a separate opinion explaining their rationale. Specifically they took issue with how the appellate panel issued the order to show cause rather than address the res judicata questions as is typically done. These orders are typically used when a question exists about the court’s jurisdiction, or when a litigant hasn’t complied with the Rules of Appellate Procedure, Justice Sullivan wrote.

Noting that he’d written the high court’s decision three years ago that emphasized even frequent inmate lawsuit filers have a constitutional right to appeal, Justice Sullivan wrote that he believes the appellate court’s action was improper.

“In my view, this is no different than a trial court dismissing a tort claim on, say, statute-of-limitation grounds,” he wrote. “The plaintiff in such a situation would be entitled to appellate review of that dismissal; the court on appeal would not first issue an order to show cause as to why the appeal should not be dismissed on grounds of statute of limitations.”

Justice Dickson joined his colleague on the dissent, which ended: “I would grant transfer and remand this case to the Court of Appeals for consideration of Mr. Smith’s appeal on the merits unless, of course, Mr. Smith is guilty of abusing the appellate process to an extent warranting dismissal.”

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  3. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

  4. Good points, although this man did have a dog in the legal fight as that it was his mother on trial ... and he a dependent. As for parking spaces, handicap spots for pregnant women sure makes sense to me ... er, I mean pregnant men or women. (Please, I meant to include pregnant men the first time, not Room 101 again, please not Room 101 again. I love BB)

  5. I have no doubt that the ADA and related laws provide that many disabilities must be addressed. The question, however, is "by whom?" Many people get dealt bad cards by life. Some are deaf. Some are blind. Some are crippled. Why is it the business of the state to "collectivize" these problems and to force those who are NOT so afflicted to pay for those who are? The fact that this litigant was a mere spectator and not a party is chilling. What happens when somebody who speaks only East Bazurkistanish wants a translator so that he can "understand" the proceedings in a case in which he has NO interest? Do I and all other taxpayers have to cough up? It would seem so. ADA should be amended to provide a simple rule: "Your handicap, YOUR problem". This would apply particularly to handicapped parking spaces, where it seems that if the "handicap" is an ingrown toenail, the government comes rushing in to assist the poor downtrodden victim. I would grant wounded vets (IED victims come to mind in particular) a pass on this.. but others? Nope.

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