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Tuesday, March 25, 2014

Ind. Decisions - "Time expires on Notre Dame prof's felony battery case"

State of Indiana v. Stephen Floyd Smith, a Not for Publication decision of the Court of Appeals last Friday, is the subject today of a story by Madeline Buckley in the South Bend Tribune. Some quotes:

SOUTH BEND — A University of Notre Dame law professor will not stand trial for a felony charge of battering his wife because the state ran out of time to build its case, the Indiana Appeals Court ruled, but he still must face a misdemeanor count for the alleged battery of his son.

The appeals court issued a decision Friday in the case of criminal law professor Stephen Smith after a somewhat unusual move brought the matter to the appellate judges before it was resolved in state court in St. Joseph County.

The appeal came after a series of snares in the case, including a switch in judges and an out-of-state witness dodging a subpoena.

Prosecutors in June 2011 charged Smith with Class D felony domestic battery in documents that alleged he tried to punch his wife, then knocked her to the ground and kicked her in front of their 10-year-old son.

Court documents say Smith’s 23-year-old son intervened, and the two struggled down the stairs of the South Bend home. * * *

His attorney, Jon Laramore, declined comment for both of them, noting that the case is still pending. * * *

A graduate of Dartmouth College and the University of Virginia School of Law, Smith continues to teach classes at Notre Dame related to criminal law and appellate advocacy.

Posted by Marcia Oddi on March 25, 2014 12:04 PM
Posted to Ind. App.Ct. Decisions