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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. Im very happy for you, getting ready to go down that dirt road myself, and im praying for the same outcome, because it IS sometimes in the childs best interest to have visitation with grandparents. Thanks for sharing, needed to hear some positive posts for once.

  2. Been there 4 months with 1 paycheck what can i do

  3. our hoa has not communicated any thing that takes place in their "executive meetings" not executive session. They make decisions in these meetings, do not have an agenda, do not notify association memebers and do not keep general meetings minutes. They do not communicate info of any kind to the member, except annual meeting, nobody attends or votes because they think the board is self serving. They keep a deposit fee from club house rental for inspection after someone uses it, there is no inspection I know becausee I rented it, they did not disclose to members that board memebers would be keeping this money, I know it is only 10 dollars but still it is not their money, they hire from within the board for paid positions, no advertising and no request for bids from anyone else, I atteended last annual meeting, went into executive session to elect officers in that session the president brought up the motion to give the secretary a raise of course they all agreed they hired her in, then the minutes stated that a diffeerent board member motioned to give this raise. This board is very clickish and has done things anyway they pleased for over 5 years, what recourse to members have to make changes in the boards conduct

  4. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  5. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

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