The Court of Appeals of Indiana will hear oral argument in Marvin Smith v. State of Indiana on Tuesday, February 2nd at 1:30 p.m. in the Little Theater of Lawrence North High School.  A panel of Judge Carr L. Darden, Judge Michael P. Barnes, and Judge Cale J. Bradford will hear the case on appeal from Marion Superior Court.

The case involves Marvin Smith’s conviction of robbery, a Class C felony, criminal recklessness, a Class D felony, and failing to stop following an accident, a Class A misdemeanor.  Smith was also found to be a habitual offender, and his aggregate sentence was eighteen years of incarceration with six years suspended to probation.  On appeal, Smith contends that the State failed to establish that property was taken from the CVS that he alleged to have robbed or that he was the person who demanded property from the CVS and that his aggregate sentence is inappropriately harsh.  Arguing for the appellant, Marvin Smith, will be Elizabeth Gabig, and arguing for the appellee, State of Indiana, will be Wade Hornbacher.

The Court of Appeals hears oral argument at venues across the state to enable Hoosiers to learn about the judicial branch, and members of the audience are invited to ask questions about the judicial process in Indiana after the case has been argued.  The Court has heard more than 250 oral arguments “on the road” at law schools, colleges, high schools, and county courthouses since its centennial in 2000-2001. 

The Court of Appeals of Indiana is the state’s second-highest court.  It reviews appeals from trial court decisions; a decision of the Court of Appeals of Indiana is final unless granted further review by the Indiana Supreme Court.  The majority of appeals filed in Indiana are decided by the Court of Appeals.  

The 15 judges on the Court of Appeals issue more than 2,800 written opinions each year, sitting in three-judge panels.  For more information about the Court of Appeals, visit www.in.gov/judiciary/appeals.  For the Court’s “Appeals on Wheels” initiatives, as well as additional information on Marvin Smith v. State of Indiana, visit http://www.in.gov/judiciary/appeals/arguments.html.