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COA heading to South Bend to hear drug, handgun case

November 26, 2018

The Indiana Court of Appeals will travel north this week to hear arguments in a drug and handgun case.

An appellate panel of Judges Melissa May, Terry Crone and Elizabeth Tavitas will hear arguments in Robert H. Smith v. State of Indiana, 85A05-1712-CR-02908, at 10:15 a.m. Tuesday at Indiana University South Bend.

Robert Smith was arrested after he was found in the driver’s seat of a car while having a suspended license as a habitual traffic violator. During a search of Smith incident to arrest, officers found a bag of methamphetamine, a syringe and a handgun.

Smith was convicted Level 5 felony operating a motor vehicle while privileges are forfeited for life; Level 4 felony possession of methamphetamine; Level 6 felony illegal possession of a syringe; Class A misdemeanor carrying a handgun without a license; and Level 5 felony carrying a handgun without a license. 

Smith appeals the admission of the handgun, contending the search of his car was illegal under the Fourth Amendment and Indiana Constitution Article 1, section 11. He further challenges admission of testimony he claims implicates Evidence Rule 404(b), which prohibits evidence of prior bad acts to impugn a person’s character. 

The argument will be heard at IU South Bend in the Louise E. Addicot & Yatish J. Joshi Performance Hall, Northside Hall, 1700 E. Mishawaka Ave.

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