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COA reverses juvenile's exploitation adjudication

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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.”
 

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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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