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Case Results

All Remaining Neglect Charges Dismissed in High-Profile Tippecanoe County Case

The Situation

Kristine Barnett faced eight neglect-of-a-dependent counts in a widely publicized Tippecanoe County prosecution. The case centered on the legal effect of an earlier Marion County court order changing the adopted daughter's birth year from 2003 to 1989 and on whether several allegations were filed within Indiana's statute of limitations.

The Legal Challenge and Strategy

The defense argued that the prosecution could not disregard the existing age-change order and that four counts were barred by the statute of limitations. The trial court dismissed four counts. The State appealed, but the Indiana Court of Appeals affirmed the controlling rulings, and the Indiana Supreme Court declined transfer. Attorneys Mark Nicholson and Deidra Haynes handled the defense, with appellate attorney Victoria Casanova helping secure the appellate victory.

The Result

In March 2023, shortly before the scheduled April trial, the State moved to dismiss the four remaining counts because it concluded there was insufficient evidence to prove the charges beyond a reasonable doubt. Judge Steve Meyer granted the motion, ending the prosecution without a trial or conviction.

Why It Matters

The defense's early focus on the statute of limitations, the binding age-change order, and the State's burden of proof narrowed the case and preserved those issues through appeal. The final dismissal ended years of criminal exposure in a nationally publicized case.

Court: Tippecanoe County

Mark Nicholson

Mark Nicholson

Why is Indiana criminal defense and personal injury attorney Mark Nicholson called the Battery Man? Because his first criminal jury trial was a battery case. The case was called the Big Buford Battery case. They charged his client with throwing a big Buford sandwich at the manager through the drive-thru window. Then, his client went through the drive-thru window and allegedly battered the manager. It was all captured on video.  The verdict: Not Guilty! His first personal injury case was a car accident. He views car accidents as a form of battery. One car hitting (battering) another, although generally unintentional.

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