Appeals on Wheels visiting Seymour


Indiana’s second-highest court will conduct oral arguments on a case this week at Seymour High School.

A panel consisting of three of the Indiana Appeals Court’s 15 judges will hear arguments in the case of Tre Ron Smith v. State of Indiana. The panel consists of Judge Edward W. Najam Jr., Judge L. Mark Bailey and Judge Melissa S. May.

The Appeals on Wheels event, which starts at 10:45 a.m. Thursday in the Earl D. Prout Auditorium, is open to the public and will last about an hour.

The oral argument will conclude with a question-and-answer session with the audience; however, the judges are unable to speak about the case.

In this case, Smith is appealing his conviction of Class A misdemeanor conviction of carrying a handgun without a license. He argues the search of the vehicle violated his rights under the Fourth Amendment because police did not have probable cause to stop his vehicle and because the warrantless search did not occur under any circumstances recognized as a warrant exception under the Fourth Amendment.

Smith also contends the search violated his rights under Article 1, Section 11 of the Indiana Constitution based on the totality of the circumstances.

The state, represented by Brownstown native Tyler Banks, asserts the search was supported by probable cause because Smith’s vehicle matched the description officers had of the vehicle from which shots were fired. The state also contends the search did not violate the Fourth Amendment to the U.S. Constitution or Article 1, Section 11 of the Indiana Constitution.

The Indiana Court of Appeals hears oral arguments across the state to enable Hoosiers to observe the real-world issues that face the court and learn more about the court’s role in Indiana government.

Audiences also get to observe skilled legal arguments and advocacy by some of Indiana’s best lawyers against a backdrop of case-specific facts and statutory and constitutional law.

Reporters, including student journalists, may ask the court’s permission to record the argument in audio, video or photographic formats. Email requests to court administrator Larry Morris at [email protected] at least 48 hours before the scheduled start of the argument.

Per an Indiana Supreme Court order, all video cameras must be tripod-mounted, and neither flash nor strobe lighting is permitted with respect to either video or still cameras.

This argument marks the court’s third Appeals on Wheels event in 2019. In February 2016, an Appeals on Wheels event was conducted at Brownstown Central High School. Banks also represented the state during that hearing.

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What: Appeals on Wheels

When: 10:45 a.m. Thursday

Where: Seymour High School’s Earl D. Prout Auditorium along Community Drive

Who: The event is open to the public to hear oral arguments on an Indiana Appeals Court case



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