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. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  2. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

  3. @ Rebecca D Fell, I am very sorry for your loss. I think it gives the family solace and a bit of closure to go to a road side memorial. Those that oppose them probably did not experience the loss of a child or a loved one.

  4. If it were your child that died maybe you'd be more understanding. Most of us don't have graves to visit. My son was killed on a state road and I will be putting up a memorial where he died. It gives us a sense of peace to be at the location he took his last breath. Some people should be more understanding of that.

  5. Can we please take notice of the connection between the declining state of families across the United States and the RISE OF CPS INVOLVEMENT??? They call themselves "advocates" for "children's rights", however, statistics show those children whom are taken from, even NEGLIGENT homes are LESS likely to become successful, independent adults!!! Not to mention the undeniable lack of respect and lack of responsibility of the children being raised today vs the way we were raised 20 years ago, when families still existed. I was born in 1981 and I didn't even ever hear the term "CPS", in fact, I didn't even know they existed until about ten years ago... Now our children have disagreements between friends and they actually THREATEN EACH OTHER WITH, "I'll call CPS" or "I'll have [my parent] (usually singular) call CPS"!!!! And the truth is, no parent is perfect and we all have flaws and make mistakes, but it is RIGHTFULLY OURS - BY THE CONSTITUTION OF THIS GREAT NATION - to be imperfect. Let's take a good look at what kind of parenting those that are stealing our children are doing, what kind of adults are they producing? WHAT ACTUALLY HAPPENS TO THE CHILDREN THAT HAVE BEEN RIPPED FROM THEIR FAMILY AND THAT CHILD'S SUCCESS - or otherwise - AS AN ADULT.....

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