Smith v. Euler

Mr. Smith is a frequent litigant. I have written in another case of the deleterious effects on the administration of justice of such litigiousness. Smith v. Ind. Dep’t of Corr., 883 N.E.2d 802, 811-12 (Ind.2008) (Sullivan, J., dissenting). But as that very case reminds us, Mr. Smith does possess certain constitutional rights, one of which — the “absolute right to one appeal” provided by Article 7, Section 6, of the Indiana Constitution — has in my view been violated here.

Mr. Smith’s lawsuit in this case was dismissed by the trial court on grounds of res judicata. He appealed. The Court of…