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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. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

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