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

Back to TopPrintE-mail
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.

Back to Events
Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Don't we have bigger issues to concern ourselves with?

  2. Anyone who takes the time to study disciplinary and bar admission cases in Indiana ... much of which is, as a matter of course and by intent, off the record, would have a very difficult time drawing lines that did not take into account things which are not supposed to matter, such as affiliations, associations, associates and the like. Justice Hoosier style is a far departure than what issues in most other parts of North America. (More like Central America, in fact.) See, e.g., http://www.theindianalawyer.com/indiana-attorney-illegally-practicing-in-florida-suspended-for-18-months/PARAMS/article/42200 When while the Indiana court system end the cruel practice of killing prophets of due process and those advocating for blind justice?

  3. Wouldn't this call for an investigation of Government corruption? Chief Justice Loretta Rush, wrote that the case warranted the high court’s review because the method the Indiana Court of Appeals used to reach its decision was “a significant departure from the law.” Specifically, David wrote that the appellate panel ruled after reweighing of the evidence, which is NOT permissible at the appellate level. **But yet, they look the other way while an innocent child was taken by a loving mother who did nothing wrong"

  4. Different rules for different folks....

  5. I would strongly suggest anyone seeking mediation check the experience of the mediator. There are retired judges who decide to become mediators. Their training and experience is in making rulings which is not the point of mediation.

ADVERTISEMENT