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Judges reverse 8 forgery convictions based on fake ballot signatures

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A St. Joseph County man charged with multiple counts of forgery after falsifying signatures on an election ballot petition for Barack Obama in 2008 was not prejudiced when the state was allowed to amend the charging information at the end of his trial. But, the Indiana Court of Appeals held the evidence only supports convicting him of one count of forgery, not nine.

Dustin Blythe and three others were charged in 2012 after officials accused them of forging signatures on petitions to get Democratic presidential candidates on the primary ballot. Blythe was employed by the St. Joseph County Voter Registration Office at the time he allegedly falsified the ballot petitions.

Blythe faced nine counts of Class C forgery and one count of Class D felony falsely making a petition of nomination. The state alleged that he knowingly uttered a written instrument that purported to have been made by another person or by authority of one who did not give authority, by forging signatures on the election ballot petitions. Blythe’s defense focused on the term “uttered” and his attorney argued based on the definition, he did not do any of the things included under that definition.

After Blythe presented his defense, the prosecution moved to amend the charging information to instead say Blythe knowingly “made or uttered” the written instrument. Blythe argued allowing the change would prejudice him or require a new trial, but the judge allowed the amendment. Blythe was convicted as charged.

In Dustin Blythe v. State of Indiana, 71A03-1306-CR-228, the Court of Appeals found no error by the trial court in allowing the state to make the late change to the charging information. Judge Elaine Brown pointed out that the defense Blythe presented would have been the same if the change had been made before trial. He was able to present an appropriate defense to the amended charges, “and in fact did so from the commencement of his trial,” she wrote.

But the trial court did err when it denied his motion on the judgment with respect to forger counts II through IX. The evidence supports just one conviction of forgery because the falsified signatures were placed on ballot petitions during a relatively short period of time in the county and the placement of the falsified signatures was performed for a single purpose.

The judges ordered eight of his forgery counts vacated, as well as his conviction of Class D felony falsely making a petition of nomination because that is a factually lesser-included offense of the forgeries alleged in counts I through IX.

 

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  • still a historic case
    Fair enough appeal decision however it remains a historic case that shows up serious questions about the legitimacy of American socalled democracy. We hear a lot of condemnation of foreign elections in the news but ours don't always look so pretty. IN the instant case it was amazing that the democratic party was doing work for and rowing hard in favor of certain candidates in its own primary to the detriment of some serious and legitimate democratic primary contenders. Maybe we should take a look at reforming primary system so that entrenched candidates with tons of donors can't squash their challengers so easily. We might even be so daring as to consider proportional representation such as operates in other western parliamentary systems and allows for third party voices to actually be heard instead of always sidelined.

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  1. Call it unauthorized law if you must, a regulatory wrong, but it was fraud and theft well beyond that, a seeming crime! "In three specific cases, the hearing officer found that Westerfield did little to no work for her clients but only issued a partial refund or no refund at all." That is theft by deception, folks. "In its decision to suspend Westerfield, the Supreme Court noted that she already had a long disciplinary history dating back to 1996 and had previously been suspended in 2004 and indefinitely suspended in 2005. She was reinstated in 2009 after finally giving the commission a response to the grievance for which she was suspended in 2004." WOW -- was the Indiana Supreme Court complicit in her fraud? Talk about being on notice of a real bad actor .... "Further, the justices noted that during her testimony, Westerfield was “disingenuous and evasive” about her relationship with Tope and attempted to distance herself from him. They also wrote that other aggravating factors existed in Westerfield’s case, such as her lack of remorse." WOW, and yet she only got 18 months on the bench, and if she shows up and cries for them in a year and a half, and pays money to JLAP for group therapy ... back in to ride roughshod over hapless clients (or are they "marks") once again! Aint Hoosier lawyering a great money making adventure!!! Just live for the bucks, even if filthy lucre, and come out a-ok. ME on the other hand??? Lifetime banishment for blowing the whistle on unconstitutional governance. Yes, had I ripped off clients or had ANY disciplinary history for doing that I would have fared better, most likely, as that it would have revealed me motivated by Mammon and not Faith. Check it out if you doubt my reading of this, compare and contrast the above 18 months with my lifetime banishment from court, see appendix for Bar Examiners report which the ISC adopted without substantive review: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS

  2. Wow, over a quarter million dollars? That is a a lot of commissary money! Over what time frame? Years I would guess. Anyone ever try to blow the whistle? Probably not, since most Hoosiers who take notice of such things realize that Hoosier whistleblowers are almost always pilloried. If someone did blow the whistle, they were likely fired. The persecution of whistleblowers is a sure sign of far too much government corruption. Details of my own personal experience at the top of Hoosier governance available upon request ... maybe a "fake news" media outlet will have the courage to tell the stories of Hoosier whistleblowers that the "real" Hoosier media (cough) will not deign to touch. (They are part of the problem.)

  3. So if I am reading it right, only if and when African American college students agree to receive checks labeling them as "Negroes" do they receive aid from the UNCF or the Quaker's Educational Fund? In other words, to borrow from the Indiana Appellate Court, "the [nonprofit] supposed to be [their] advocate, refers to [students] in a racially offensive manner. While there is no evidence that [the nonprofits] intended harm to [African American students], the harm was nonetheless inflicted. [Black students are] presented to [academia and future employers] in a racially offensive manner. For these reasons, [such] performance [is] deficient and also prejudice[ial]." Maybe even DEPLORABLE???

  4. I'm the poor soul who spent over 10 years in prison with many many other prisoners trying to kill me for being charged with a sex offense THAT I DID NOT COMMIT i was in jail for a battery charge for helping a friend leave a boyfriend who beat her I've been saying for over 28 years that i did not and would never hurt a child like that mine or anybody's child but NOBODY wants to believe that i might not be guilty of this horrible crime or think that when i say that ALL the paperwork concerning my conviction has strangely DISAPPEARED or even when the long beach judge re-sentenced me over 14 months on a already filed plea bargain out of another districts court then had it filed under a fake name so i could not find while trying to fight my conviction on appeal in a nut shell people are ALWAYS quick to believe the worst about some one well I DID NOT HURT ANY CHILD EVER IN MY LIFE AND HAVE SAID THIS FOR ALMOST 30 YEARS please if anybody can me get some kind of justice it would be greatly appreciated respectfully written wrongly accused Brian Valenti

  5. A high ranking Indiana supreme Court operative caught red handed leading a group using the uber offensive N word! She must denounce or be denounced! (Or not since she is an insider ... rules do not apply to them). Evidence here: http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

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