John Barnhart v. State of Indiana
15 N.E.3d 138
| Ind. Ct. App. | 2014Background
- Barnhart lived with Jessica Jordan and her daughter I.S. in Kendallville, Indiana, around April 2011 while I.S. was approximately 11 years old.
- On April 20, 2011, Barnhart allegedly touched I.S.’s vagina with his penis and tongue, and an erection and seminal material were observed on I.S.’s bed sheets.
- DNA testing on the bed sheet showed both I.S.’s and Barnhart’s genetic material and seminal fluid matching Barnhart.
- I.S. reported to a nurse that Barnhart’s genital contact with her occurred and she provided details during the investigation.
- A warrant led to the seizure of marijuana and an orange-and-blue pipe; Barnhart admitted ownership of both.
- Barnhart was charged with two counts of class A felony child molesting, one count of class A misdemeanor possession of marijuana, and one count of class A misdemeanor contributing to the delinquency of a minor.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court abused its discretion by excluding the urine drug screen | Barnhart argues the negative screen was reliable and admissible to shed light on investigation | State asserts the evidence was unreliable; improperly admitted under Daubert standards; not relevant to issue | No reversible error; exclusion harmless given other direct evidence |
| Whether the sentencing court abused its discretion | Barnhart contends the court relied on improper or unsubstantiated aggravators | State asserts proper aggravators exist and the sentence was appropriate | No abuse; remaining proper aggravators support the sentence |
Key Cases Cited
- Hardiman v. State, 726 N.E.2d 1201 (Ind. 2000) (standard for evidentiary admission on appeal)
- Fleener v. State, 656 N.E.2d 1140 (Ind. 1995) (harmless-error review for evidentiary rulings)
- Williams v. State, 714 N.E.2d 644 (Ind. 1999) (harmless error where excluded evidence unlikely to affect substantial rights)
- Doolin v. State, 970 N.E.2d 785 (Ind. Ct. App. 2012) (reliability of field tests and evidentiary admissibility)
- McGrew v. State, 682 N.E.2d 1289 (Ind. 1997) (Daubert factors in reliability determinations)
- Daubert v. Merrell Dow Pharm., Inc., 509 U.S. 579 (Supreme Court 1993) (factors for scientific reliability of expert testimony)
- Anglemyer v. State, 868 N.E.2d 482 (Ind. 2007) (standards for sentencing discretion and aggravating/mitigating factors)
- Drakulich v. State, 877 N.E.2d 525 (Ind. Ct. App. 2007) (proper consideration of aggravators on appeal)