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Neutral Court Opinion Mar 01, 2026

Samuel A. Smart v. State of Indiana

── Samuel A. Smart v. State of Indiana ── Case No.: 24A-CR-02290 Court: Indiana Court of Appeals Date: February 14, 2025 Author: Judge L. Mark Bailey County of Origin: Huntington Category: Criminal Decision: Affirmed Judge Vaidik and Judge DeBoer concur On May 16, 2022, officers with the Huntington Police Department responded to a dispatch of an “[u]nresponsive person” on the porch of a home. Tr. Vol. 2 at 157. When Officer Jered Brinkman arrived, he observed Smart “laying on the front steps with his feet on the ground, hunched over with his head laying on top of the top step.” Id. When Officer Brinkman approached, Smart slowly stood up and then “tried to grab his backpack and walk away” from the officers. Id. at 158.
Indiana Judicial Branch
https://public.courts.in.gov/Decisions/api/Document/Opinion?Id=DIInWJQlkJJmAch4…
Elizabeth Tavitas Indiana Court of Appeals Judge
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