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COA addresses evidence needed for animal fighting conviction

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For only the second time, the Indiana Court of Appeals has addressed the issue of evidence used to obtain a conviction under I.C. 35-46-3-8, which outlaws buying or owning an animal for an animal fighting contest.

In Rahsaan A. Johnson v. State of Indiana, 18A02-1304-CR-343, Rahsaan Johnson appealed convictions of 14 counts of Class D felony possession of animals for fighting contests.  Muncie Animal Shelter officials went to an abandoned trailer on reports of dogs barking from inside. The shelter’s superintendent called police after observing animals chained up in deplorable conditions. After obtaining a warrant, police discovered a total of 25 animals on the property, often stacked in dog cages crammed inside the mobile home. The animals had injuries consistent with dog fighting, and officers found paraphernalia often used in dog fighting training, such as weighted collars, medicine and treadmills.

Of the 25 dogs, 13 were adopted out and 12 were euthanized for either medical or temperament reasons.

Johnson faced 26 charges as a result of the search, but was convicted of the 14 Class D felonies and seven Class A misdemeanor counts of animal cruelty. He received an aggregate sentence of four years in the Department of Correction.

He challenged the evidence used to convict him and argued his convictions violated double jeopardy.

The judges noted caselaw is scant in interpreting I.C. 35-46-3-8, so they relied on Clemons v. State, 987 N.E.2d 92, 95 (Ind. Ct. App. 2013), the only appellate decision to date concerning the sufficiency of evidence used to convict someone under this statute. Clemons was convicted of possessing “battle cocks” for fighting purposes.

“Contrary to Johnson’s argument that the dogs’ fighting history cannot be indicative of their future purpose, the Clemons court found the evidence that the roosters had been used to fight in the past, combined with the fighting paraphernalia, was sufficient to uphold Clemons’ conviction. We find the same rationale applies in Johnson’s case,” Judge Patricia Riley wrote.

Johnson claimed that he was housing the animals and training them to enter weight-pulling competitions, which are legal. He also argued some of the animals were kept solely for breeding purposes or companionship.

“We do not dispute Johnson’s assertion that ‘millions of Hoosiers own animals, and the vast majority of them would never dream of using them in an animal fighting contest,’” Judge Patricia Riley wrote. “It is clear from the evidence, however, that Johnson is not included among this majority of Hoosiers. Accordingly, we find that there was sufficient evidence for the jury to determine that Johnson possessed these fourteen pit bulls for the purpose of animal fighting. Fortunately for Johnson, the Indiana Department of Correction will not subject him to the inhumane conditions that he forced upon those twenty-five dogs.”

The judges also found his convictions do not violate the double jeopardy clause of the Indiana Constitution.
 

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  1. Good riddance to this dangerous activist judge

  2. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  3. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  4. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  5. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

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