Legal Opinion

Smith v. Wal-Mart Stores East, LP

Indiana Court of Appeals

Decided August 23, 2006No. 41A05-0602-CV-71PublishedCited by 5 opinions

1Opinion of the Court

OPINION

VAIDIK, Judge.

Case Summary

Eric D. Smith, a pro se inmate at the Westville Correctional Center, appeals the trial court’s dismissal of his complaint against Wal-Mart Stores East, LP (“Wal-Mart”). Because Smith’s complaint against Wal-Mart is simply an attempt to relitigate his 2001 arson conviction, we conclude that his complaint is frivolous and therefore affirm the trial court’s dismissal pursuant to Indiana Code § 34-58-1-2, which provides a screening procedure for offender litigation.

Facts and Procedural History

In 2001, Smith was convicted of arson as a Class B felony for the…

2Cases cited5 opinions

  1. Roche v. StateIndiana Supreme Court · 1997
  2. Smith v. HuckinsIndiana Court of Appeals · 2006
  3. Martin v. HeffelfingerIndiana Court of Appeals · 2001
  4. Soloman v. Blue Chip Casino, Inc.Indiana Court of Appeals · 2002
  5. Smith v. StateIndiana Court of Appeals · 2006

3Cited by5 opinions

  1. Smith v. HarrisIndiana Court of Appeals · 2007
  2. Smith v. Indiana Department of CorrectionIndiana Court of Appeals · 2007
  3. Corey Hamersley v. Indiana Department of Correction, and American Broadcasting Company, Inc. (mem. dec.)Indiana Court of Appeals · 2019
  4. Larry A. Jones v. John P. Brinson (mem. dec.)Indiana Court of Appeals · 2016
  5. Smith v. Indiana Department of CorrectionIndiana Court of Appeals · 2008

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