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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. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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