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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