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Negative drug test, prior accusations don’t change molester’s convictions

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The Indiana Court of Appeals Monday affirmed the child molesting convictions and 30-year sentence of a man who claimed he was prejudiced because the trial court declined to admit a drug test from the victim showing she had no marijuana in her system.

The 11-year-old victim told authorities that John Barnhart, her mother’s live-in boyfriend, had molested her. She also claimed he had given her marijuana several times, including the night before he molested her.

Barnhart was convicted of two counts of Class A felony child molesting and Class A misdemeanor marijuana possession, but he was found not guilty of contributing to the delinquency of a minor. He was sentenced to an aggregate 30 years in prison.

At trial in Noble Superior Court, the state’s motion to exclude the evidence of the drug test was granted over Barnhart’s objection. Barnhart said the test results went to the victim’s credibility.

In  John Barnhart v. State of Indiana, 57A04-1312-CR-601, the appeals court noted the evidence against Barnhart supporting his convictions included his sperm on the child’s bed sheet.

"Even assuming that the court abused its discretion, we cannot say that Barnhart’s substantial rights were affected. The evidence directly related to Count IV, contributing to the delinquency of a minor as a class A misdemeanor, of which the jury found Barnhart not guilty," Judge Elaine Brown wrote for the panel.

Barnhart also was unable to persuade the appellate court that the trial court erred in considering accusations for prior uncharged acts at sentencing.

“Even assuming that the trial court abused its discretion with respect to acknowledging Barnhart’s knowledge of prior accusations, we observe that the court also found three other aggravators which Barnhart does not challenge,” Brown wrote. "In light of the remaining aggravators, we can say with confidence that the trial court would have imposed the same advisory and concurrent sentences for Counts I and II had it considered only these aggravators.”
 

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  1. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

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