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
ADVERTISEMENT
Subscribe to Indiana Lawyer
  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.

ADVERTISEMENT