The Indiana Court of Appeals today overturned three convictions relating to voter fraud against former Secretary of State Charlie White, leaving three convictions affirmed and his sentence unchanged.
An attorney for White said in an appeals hearing earlier this month that Indiana law was misapplied when White was convicted in 2012 of six criminal counts stemming from voter fraud.
White was registered to vote at his ex-wife’s home in Fishers, and prosecutors argued he was really living at a new residence in Fishers, referred to as Overview, with his soon-to-be second wife.
In its opinion, the court wrote that two of White’s convictions violate double-jeopardy principles, meaning he was being punished twice for the same act.
His sentence, which includes one year of home detention, remains the same because he was already being allowed to serve the time for the separate charges concurrently.
White’s attorneys also argued in the appeal that his previous legal counsel, Carl Brizzi, was ineffective. The court unanimously rejected that argument, saying his lawyer’s preparation was “appropriate and extensive.”
White was removed from office in 2012. He is now asking the Indiana Supreme Court to hear his case.
The three newly vacated convictions are counts one, five and six. Their descriptions can be found in the opinion, posted below, on page 9.