COA: Successive Prosecution Statute not applicable to theft case

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A Howard Superior judge properly refused to dismiss theft charges against a man because, despite the defendant’s arguments to the contrary, the Howard County charges were not previously prosecuted in Miami County.

Johann Schmidt sought to dismiss two Class C felony theft charges filed in Howard County related to his role in fraudulently securing loans from First Farmer’s State Bank by using collateral he no longer owned. Schmidt previously faced charges in Miami County on allegations he did not deliver concrete crushers to Mark Bowyer as agreed, after Bowyer had paid Schmidt several million dollars for several machines. Schmidt instead sold those machines he promised Bowyer to other companies after taking Bowyer’s money. Bowyer had borrowed money from a bank in Howard County to send Schmidt money to buy the machines. The charges in both counties were related to Schmidts’ business dealings with Bowyer.

Schmidt faced several charges of theft and fraud related to Bowyer and the bank in Miami County, but pleaded guilty to one count of theft for theft of money from FFSB.

Schmidt argued that Indiana’s Successive Prosecution Statute bars the filing of charges in Howard County because the charges should have been joined with the Miami County charges as they arose out of a single joint venture with the same alleged victim.

The trial court denied the motion, leading to this interlocutory appeal in Johann Schmidt v. State of Indiana, 34A02-1207-CR-570.  

“Schmidt’s offenses were not ‘a single criminal transaction’ identified by ‘a distinctive nature . . . common modus operandi, and a common motive.’ Instead, Schmidt committed offenses against two victims, FFSB and Bowyer,” Judge John Baker wrote. “Moreover, the offenses that Schmidt committed against each victim are also different in time and manner. Schmidt’s offenses against FFSB were perpetrated by fraudulent loan agreements and the resulting theft of FFSB’s property, either by Schmidt’s failure to repay the loan or by selling the collateral.”

The judges also rejected Schmidt’s claim that Indiana Code 35-34-1-10(c) requires the state to join all “potential” charges in a single prosecution whenever joinder “could” occur because that statute does not require the state to bring all potential charges in a unified action.

The case goes back to the trial court for more proceedings.



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  1. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  2. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

  3. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.

  4. While if true this auto dealer should be held liable, where was the BMV in all of this? How is it that the dealer was able to get "clean" titles to these vehicles in order to sell them to unsuspecting consumers?

  5. He has refused his Assent to Laws, the most wholesome and necessary for the public good. He has forbidden his Governors to pass Laws of immediate and pressing importance, He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance. He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation: For imposing Taxes on us without our Consent: He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.. He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless [ ] Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions. GOD BLESS THE GOVERNORS RESISTING! Count on the gutless judiciary to tie our children down and facilitate the swords being drawn across their throats. Wake Up America ...