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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. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  2. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  3. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

  4. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  5. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

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