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Judges reverse 8 forgery convictions based on fake ballot signatures

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A St. Joseph County man charged with multiple counts of forgery after falsifying signatures on an election ballot petition for Barack Obama in 2008 was not prejudiced when the state was allowed to amend the charging information at the end of his trial. But, the Indiana Court of Appeals held the evidence only supports convicting him of one count of forgery, not nine.

Dustin Blythe and three others were charged in 2012 after officials accused them of forging signatures on petitions to get Democratic presidential candidates on the primary ballot. Blythe was employed by the St. Joseph County Voter Registration Office at the time he allegedly falsified the ballot petitions.

Blythe faced nine counts of Class C forgery and one count of Class D felony falsely making a petition of nomination. The state alleged that he knowingly uttered a written instrument that purported to have been made by another person or by authority of one who did not give authority, by forging signatures on the election ballot petitions. Blythe’s defense focused on the term “uttered” and his attorney argued based on the definition, he did not do any of the things included under that definition.

After Blythe presented his defense, the prosecution moved to amend the charging information to instead say Blythe knowingly “made or uttered” the written instrument. Blythe argued allowing the change would prejudice him or require a new trial, but the judge allowed the amendment. Blythe was convicted as charged.

In Dustin Blythe v. State of Indiana, 71A03-1306-CR-228, the Court of Appeals found no error by the trial court in allowing the state to make the late change to the charging information. Judge Elaine Brown pointed out that the defense Blythe presented would have been the same if the change had been made before trial. He was able to present an appropriate defense to the amended charges, “and in fact did so from the commencement of his trial,” she wrote.

But the trial court did err when it denied his motion on the judgment with respect to forger counts II through IX. The evidence supports just one conviction of forgery because the falsified signatures were placed on ballot petitions during a relatively short period of time in the county and the placement of the falsified signatures was performed for a single purpose.

The judges ordered eight of his forgery counts vacated, as well as his conviction of Class D felony falsely making a petition of nomination because that is a factually lesser-included offense of the forgeries alleged in counts I through IX.

 

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  • still a historic case
    Fair enough appeal decision however it remains a historic case that shows up serious questions about the legitimacy of American socalled democracy. We hear a lot of condemnation of foreign elections in the news but ours don't always look so pretty. IN the instant case it was amazing that the democratic party was doing work for and rowing hard in favor of certain candidates in its own primary to the detriment of some serious and legitimate democratic primary contenders. Maybe we should take a look at reforming primary system so that entrenched candidates with tons of donors can't squash their challengers so easily. We might even be so daring as to consider proportional representation such as operates in other western parliamentary systems and allows for third party voices to actually be heard instead of always sidelined.

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  1. @ President Snow, like they really read these comments or have the GUTS to show what is the right thing to do. They are just worrying about planning the next retirement party, the others JUST DO NOT CARE about what is right. Its the Good Ol'Boys - they do not care about the rights of the mother or child, they just care about their next vote, which, from what I gather, the mother left the state of Indiana because of the domestic violence that was going on through out the marriage, the father had three restraining orders on him from three different women, but yet, the COA judges sent a strong message, go ahead men put your women in place, do what you have to do, you have our backs... I just wish the REAL truth could be told about this situation... Please pray for this child and mother that God will some how make things right and send a miracle from above.

  2. I hear you.... Us Christians are the minority. The LGBTs groups have more rights than the Christians..... How come when we express our faith openly in public we are prosecuted? This justice system do not want to seem "bias" but yet forgets who have voted them into office.

  3. Perhaps the lady chief justice, or lady appellate court chief judge, or one of the many female federal court judges in Ind could lead this discussion of gender disparity? THINK WITH ME .... any real examples of race or gender bias reported on this ezine? But think about ADA cases ... hmmmm ... could it be that the ISC actually needs to tighten its ADA function instead? Let's ask me or Attorney Straw. And how about religion? Remember it, it used to be right up there with race, and actually more protected than gender. Used to be. Patrick J Buchanan observes: " After World War II, our judicial dictatorship began a purge of public manifestations of the “Christian nation” Harry Truman said we were. In 2009, Barack Obama retorted, “We do not consider ourselves to be a Christian nation.” Secularism had been enthroned as our established religion, with only the most feeble of protests." http://www.wnd.com/2017/02/is-secession-a-solution-to-cultural-war/#q3yVdhxDVMMxiCmy.99 I could link to any of my supreme court filings here, but have done that more than enough. My case is an exclamation mark on what PJB writes. BUT not in ISC, where the progressives obsess on race and gender .... despite a lack of predicate acts in the past decade. Interested in reading more on this subject? Search for "Florida" on this ezine.

  4. Great questions to six jurists. The legislature should open a probe to investigate possible government corruption. Cj rush has shown courage as has justice Steven David. Who stands with them?

  5. The is an unsigned editorial masquerading as a news story. Almost everyone quoted was biased in favor of letting all illegal immigrants remain in the U.S. (Ignoring that Obama deported 3.5 million in 8 years). For some reason Obama enforcing part of the immigration laws was O.K. but Trump enforcing additional parts is terrible. I have listed to press conferences and explanations of the Homeland Security memos and I gather from them that less than 1 million will be targeted for deportation, the "dreamers" will be left alone and illegals arriving in the last two years -- especially those arriving very recently -- will be subject to deportation but after the criminals. This will not substantially affect the GDP negatively, especially as it will take place over a number of years. I personally think this is a rational approach to the illegal immigration problem. It may cause Congress to finally pass new immigration laws rationalizing the whole immigration situation.

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