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Judges affirm part of sentence, reverse enhancements on double jeopardy grounds

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A woman whose dogs attacked and injured two people failed to prove that the evidence was insufficient to support her convictions. But the Court of Appeals agreed that a portion of her overall sentence should be vacated based on double jeopardy grounds.

In Carolyn Boss v. State of Indiana, No. 49A05-1106-CR-320, Carolyn Boss argued the evidence was insufficient to support her convictions of failure to restrain three dogs and harboring non-immunized dogs. In 2008, the dogs escaped her yard and attacked Carole Bales as she walked down an alley. Two of the dogs also attacked Thomas Wimberly when he tried to help Bales. After a passerby alerted Boss to the attack, she called off the dogs and returned them to her yard.

Bales and Wimberly suffered extensive injuries, including permanent nerve damage. Bales was hospitalized for two weeks, and Wimberly was hospitalized for six weeks.

Animal control officer Deborah Dobbins responded to the scene and saw large gaps in the chain link fence in Boss’ yard. A third dog was tied to a tree, but its collar was so loose that it slipped off the dog’s head. Dobbins observed blood on all three dogs

Boss explained she was taking care of the dogs, which belonged to her incarcerated son. The dogs had no rabies tags, and Boss had no vaccination records for the animals. Boss voluntarily surrendered the animals to Animal Care & Control.  

The state charged Boss with six counts of Class A misdemeanor failure to restrain a dog and six counts of Class B misdemeanor harboring a non-immunized dog. She received an aggregate sentence of two years for the Class A misdemeanors and concurrent 180-day sentences for the Class B misdemeanors — to be served concurrently with the two-year sentence. She also received 168 days of probation.

The COA held that the dilapidated fence and the ill-fitting collar indicate Boss failed to take reasonable steps to restrain the animals and that the lack of rabies tags and immunization records would allow one to reasonably infer the dogs were not immunized.

The appellate judges agreed with Boss’ assertion that she was subjected to double jeopardy when her convictions for harboring a non-immunized dog were elevated to a Class B misdemeanor on the same type of bodily injury elevating her convictions for failure to restrain a dog to a Class A misdemeanor. They remanded with directions to vacate the convictions and sentences for harboring non-immunized dogs and enter a determination that Boss committed Class C infractions, rather than Class B misdemeanors.

Boss claimed her two one-year consecutive sentences violated the 14th Amendment, but the COA noted that it can’t address a constitutional question when a decision can be based on any other statutory or common-law basis. While Boss’ failure to restrain the dogs was a single act, it resulted in separate harms to separate people. The COA could not say that Boss is entitled to a limit on her sentence pursuant to Indiana Code section 35-50-1-2.

 

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  1. No second amendment, pro life, pro traditional marriage, reagan or trump tshirts will be sold either. And you cannot draw Mohammed even in your own notebook. And you must wear a helmet at all times while at the fair. And no lawyer jokes can be told except in the designated protest area. And next year no crucifixes, since they are uber offensive to all but Catholics. Have a nice bland day here in the Lego movie. Remember ... Everything is awesome comrades.

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  3. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

  4. Good points, although this man did have a dog in the legal fight as that it was his mother on trial ... and he a dependent. As for parking spaces, handicap spots for pregnant women sure makes sense to me ... er, I mean pregnant men or women. (Please, I meant to include pregnant men the first time, not Room 101 again, please not Room 101 again. I love BB)

  5. I have no doubt that the ADA and related laws provide that many disabilities must be addressed. The question, however, is "by whom?" Many people get dealt bad cards by life. Some are deaf. Some are blind. Some are crippled. Why is it the business of the state to "collectivize" these problems and to force those who are NOT so afflicted to pay for those who are? The fact that this litigant was a mere spectator and not a party is chilling. What happens when somebody who speaks only East Bazurkistanish wants a translator so that he can "understand" the proceedings in a case in which he has NO interest? Do I and all other taxpayers have to cough up? It would seem so. ADA should be amended to provide a simple rule: "Your handicap, YOUR problem". This would apply particularly to handicapped parking spaces, where it seems that if the "handicap" is an ingrown toenail, the government comes rushing in to assist the poor downtrodden victim. I would grant wounded vets (IED victims come to mind in particular) a pass on this.. but others? Nope.

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