ILNews

COA reverses juvenile's exploitation adjudication

Back to TopE-mailPrintBookmark and Share

The Indiana Court of Appeals reversed a juvenile’s adjudication for exploiting an endangered adult because the state didn’t prove beyond a reasonable doubt that the 17-year-old took advantage of the mentally retarded man.

A.H. was adjudicated for committing what would be exploitation of an endangered adult, a Class A misdemeanor if committed by an adult, for getting Robert Barnhart to write her two checks for loans. Barnhart was diagnosed with “mental retardation,” has a very low IQ, can’t read or write, and is legally blind. He receives assistance from a developmental disabilities provider.

At the recommendation of her cousin, A.H. went to Barnhart and convinced him to write her a check for $750 so A.H. could bail her husband out of jail. She filled out the top part of the check and Barnhart signed it. The check was never cashed but she used it to get $750 from Charlie Matthews. She then got a loan to repay that $750 borrowed from Matthews. A.H. also got Barnhart to give her $100 by check so she could go to Indiana Beach. She then exchanged the check with Matthews for the cash. She did repay $25 of that loan to Barnhart. A.H. was charged after the developmental disabilities provider found discrepancies in Barnhart’s checking account.

The juvenile court ordered A.H. to the Department of Correction until she was 21 unless the DOC released her sooner.

That adjudication was an error, the Court of Appeals ruled in A.H. v. State of Indiana, No. 37A04-1002-JV-50, because the state didn’t prove beyond a reasonable doubt that A.H. recklessly, knowingly, or intentionally exerted unauthorized use of the property of an endangered person for her own profit or for the profit of another person.

The appellate court noted Barnhart agreed to give her the loans, was never threatened, and A.H. had begun to repay the only outstanding loan.

“While Barnhart may have diminished capacity and A.H. prevailed against Barnhart, we do not believe that the State met its burden of proving beyond a reasonable doubt that A.H.’s use of Barnhart’s property was unauthorized,” wrote Judge Elaine Brown. “While we do not make a finding as to A.H.’s credibility and do not approve or condone A.H.’s action in obtaining money from Barnhart, we simply do not find the evidence sufficient to meet the burden of proof required by the statute.”
 

ADVERTISEMENT

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. So that none are misinformed by my posting wihtout a non de plume here, please allow me to state that I am NOT an Indiana licensed attorney, although I am an Indiana resident approved to practice law and represent clients in Indiana's fed court of Nth Dist and before the 7th circuit. I remain licensed in KS, since 1996, no discipline. This must be clarified since the IN court records will reveal that I did sit for and pass the Indiana bar last February. Yet be not confused by the fact that I was so allowed to be tested .... I am not, to be clear in the service of my duty to be absolutely candid about this, I AM NOT a member of the Indiana bar, and might never be so licensed given my unrepented from errors of thought documented in this opinion, at fn2, which likely supports Mr Smith's initial post in this thread: http://caselaw.findlaw.com/us-7th-circuit/1592921.html

  2. When I served the State of Kansas as Deputy AG over Consumer Protection & Antitrust for four years, supervising 20 special agents and assistant attorneys general (back before the IBLE denied me the right to practice law in Indiana for not having the right stuff and pretty much crushed my legal career) we had a saying around the office: Resist the lure of the ring!!! It was a take off on Tolkiem, the idea that absolute power (I signed investigative subpoenas as a judge would in many other contexts, no need to show probable cause)could corrupt absolutely. We feared that we would overreach constitutional limits if not reminded, over and over, to be mindful to not do so. Our approach in so challenging one another was Madisonian, as the following quotes from the Father of our Constitution reveal: The essence of Government is power; and power, lodged as it must be in human hands, will ever be liable to abuse. We are right to take alarm at the first experiment upon our liberties. I believe there are more instances of the abridgement of freedom of the people by gradual and silent encroachments by those in power than by violent and sudden usurpations. Liberty may be endangered by the abuse of liberty, but also by the abuse of power. All men having power ought to be mistrusted. -- James Madison, Federalist Papers and other sources: http://www.constitution.org/jm/jm_quotes.htm RESIST THE LURE OF THE RING ALL YE WITH POLITICAL OR JUDICIAL POWER!

  3. My dear Mr Smith, I respect your opinions and much enjoy your posts here. We do differ on our view of the benefits and viability of the American Experiment in Ordered Liberty. While I do agree that it could be better, and that your points in criticism are well taken, Utopia does indeed mean nowhere. I think Madison, Jefferson, Adams and company got it about as good as it gets in a fallen post-Enlightenment social order. That said, a constitution only protects the citizens if it is followed. We currently have a bevy of public officials and judicial agents who believe that their subjectivism, their personal ideology, their elitist fears and concerns and cause celebs trump the constitutions of our forefathers. This is most troubling. More to follow in the next post on that subject.

  4. Yep I am not Bryan Brown. Bryan you appear to be a bigger believer in the Constitution than I am. Were I still a big believer then I might be using my real name like you. Personally, I am no longer a fan of secularism. I favor the confessional state. In religious mattes, it seems to me that social diversity is chaos and conflict, while uniformity is order and peace.... secularism has been imposed by America on other nations now by force and that has not exactly worked out very well.... I think the American historical experiment with disestablishmentarianism is withering on the vine before our eyes..... Since I do not know if that is OK for an officially licensed lawyer to say, I keep the nom de plume.

  5. I am compelled to announce that I am not posting under any Smith monikers here. That said, the post below does have a certain ring to it that sounds familiar to me: http://www.catholicnewworld.com/cnwonline/2014/0907/cardinal.aspx

ADVERTISEMENT