Jerry Smith v. State of Indiana - 7/10/13

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Wednesday  July 10, 2013 
10:30 AM  EST

10:30 a.m. 15A05-1208-CR-411 and 24A01-1210-CR-469. On December 21, 2010, Jerry A. Smith was charged in state court in Franklin County, Indiana, with five counts of unlawful acts related to offer or sale of a security, each as a Class C felony; five counts of broker-dealer registration required, each as a Class C felony; nine counts of securities fraud, each as a Class C felony; and six counts of securities fraud, each as a Class B felony.  On June 2, 2011, Smith was charged in state court in Dearborn County, Indiana with three counts of unlawful acts related to offer or sale of security, each as a Class C felony; three counts of broker-dealer registration required, each as a Class C felony; nine counts of securities fraud, each as a Class C felony; and three counts of theft, each as a Class D felony.

Smith pleaded guilty on June 12, 2012, in United States District Court, Southern District of Ohio, Western Division, to one count of conspiracy to commit mail and wire fraud, one count of obstruction, and one count of tax evasion.  After his guilty plea in federal court, Smith moved to dismiss the state-court charges filed against him in both Franklin County and Dearborn County.  The Dearborn Superior Court denied Smith’s request outright, while the Franklin Circuit Court only partially granted Smith’s request.  Smith has brought interlocutory appeals from the rulings of both trial courts, contending in each that the conduct underlying the state-court charges is the same conduct underlying the federal court charges to which he pleaded guilty and that the trial court abused its discretion by failing to dismiss all of the charges brought against him.  The State cross-appeals contending that the Franklin Circuit Court erred by partially granting Smith’s motion to dismiss.

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  1. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

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