SMITH v. STATE

Court of Appeals Case No. 22A-CR-364.

198 N.E.3d 395 (2022)

Jeremiah Jordyn SMITH, Appellant-Defendant, v. STATE of Indiana, Appellee-Plaintiff.

Court of Appeals of Indiana.

Filed October 25, 2022.


Attorney(s) appearing for the Case

Attorney for Appellant: Aaron J. Spolarich , Bennett Boehning & Clary, LLP, Lafayette, Indiana.

Attorneys for Appellee: Theodore E. Rokita , Attorney General of Indiana, Samuel J. Dayton , Deputy Attorney General, Indianapolis, Indiana


[1] Prosecuting attorneys have broad discretion to bargain with a defendant in resolving criminal charges through a pretrial diversion program. But once the State enters into a valid diversion agreement, it may not unilaterally revoke the agreement based only on buyer's remorse.

[2] That is what happened here. Despite arresting...

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