SOUTH BEND — A University of Notre Dame law professor is headed to trial June 4 on a charge that he battered his wife at their south side home.
The case against Stephen Smith, a criminal law professor, has been delayed twice — once due to a congested court calendar and a second time on Smith’s request, according to court records.
On Wednesday, 44-year-old Smith appeared in St. Joseph Superior Court with his attorney, Dave Newman. Newman asked that Smith’s new trial date be “sooner rather than later,” and Judge Jerome Frese set it for June 4.
Smith faces one count of domestic battery, a class D felony.
Smith was arrested June 24, 2011, at his home after he allegedly tried to punch his wife. She dodged his fist and it grazed her cheek, according to court documents. Smith then allegedly knocked her to the ground, and kicked her.
The couple’s 10-year-old son called 911 before Smith’s wife, the 10-year-old and another son fled the home, according to court documents. Smith remained inside but came out after several South Bend police officers had staged outside.
Smith bonded out of jail three days later after posting $1,000, and continues to teach at Notre Dame, according to the university.
Smith came to Notre Dame in 2009 from the University of Virginia. He attended UVA Law School and clerked for Supreme Court Justice Clarence Thomas, according to his biography on the Law School’s website.
Smith teaches courses on criminal law, criminal adjudication and federal criminal law.
His final court appearance before trial is scheduled for 9 a.m. May 21.
Newman, Smith’s attorney, declined to comment on the case after Wednesday’s hearing.
If convicted, Smith would face up to three years in prison.
Staff writer Mary Kate Malone: