ILNews

COA orders jury trial on animal cruelty charges

Back to TopCommentsE-mailPrintBookmark and Share

An Evansville man convicted of six counts of misdemeanor animal cruelty due to the condition of horses on his property did not knowingly waive his right to a jury trial and, therefore, is entitled to a jury trial, the Indiana Court of Appeals concluded.

Evansville Animal Care and Control went to Steven Duncan’s property to investigate a complaint and found 13 horses that appeared to be neglected, malnourished and ill. Three later had to be euthanized. Duncan admitted to owning and being responsible for the animals, but he offered no explanation for their conditions.

He was charged with 13 counts of Class A misdemeanor animal cruelty. At his initial hearing, Duncan appeared pro se. The judge noted Duncan’s right to a jury trial but did not mention the requirement to timely request a jury trial if one was desired or the consequences of failing to do so. Duncan later was represented by counsel, who did not request a jury trial.

Duncan was convicted of six of the 13 charges.

The Court of Appeals rejected the state’s arguments that Duncan was not prejudiced, that he consented to his counsel’s trial strategy and cannot now object, and that the judges should infer that Duncan was informed of his right to a jury trial because he was later represented by counsel.

But the state conceded that Duncan was not advised of the consequences of failing to ask for a jury trial and he was not advised of the requirement of a written demand for a jury trial 10 days before his scheduled trial date, Chief Judge Margret Robb wrote in Steven Duncan v. State of Indiana, 82A01-1201-CR-22. Having an attorney is not a sufficient substitute for the defendant being expressly advised of his rights, she noted.

The COA also addressed two points raised by Duncan on appeal that may impact his new jury trial – whether the animal cruelty statute is unconstitutionally vague and whether there was sufficient evidence to overcome a defense of necessity.

The judges found the statute is not vague as applied to Duncan and the state presented sufficient probative evidence from which a reasonable trier of fact could have found Duncan guilty beyond a reasonable doubt. They remanded for a jury trial.

 

ADVERTISEMENT

  • Not about the animals
    Glad you wrote about his case and pointed out how poorly it was handled. These animal "abuse" cases are never handled properly under the law, regardless of the State. Everybody wants to see the supposed abuser go to jail, but what no one cares about hearing about is whether or not the accused got a fair trial or how the animals were treated AFTER they were taken. Furthermore, no one who says they hate this guy for being an animal "abuser" would be able to prove they were not abusing their own animals if they were treated the same way. A few years ago there was a raid on a ranch near Waco, TX. The horses were thin and did not have water. It went to trial, the owners were convicted of animal "abuse." It was the middle of a very severe drought. The owners were never allowed to say, and obviously the idiot jury did not know, that there was a WATERING BAN ON LIVESTOCK at the time. It is not about the animals, it is about how much money they can make off fees, fines, donations, and resale.

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. I was wondering about the 6 million put aside for common attorney fees?does that mean that if you are a plaintiff your attorney fees will be partially covered?

  2. My situation was hopeless me and my husband was on the verge of divorce. I was in a awful state and felt that I was not able to cope with life any longer. I found out about this great spell caster drlawrencespelltemple@hotmail.com and tried him. Well, he did return and now we are doing well again, more than ever before. Thank you so much Drlawrencespelltemple@hotmail.comi will forever be grateful to you Drlawrencespelltemple@hotmail.com

  3. I expressed my thought in the title, long as it was. I am shocked that there is ever immunity from accountability for ANY Government agency. That appears to violate every principle in the US Constitution, which exists to limit Government power and to ensure Government accountability. I don't know how many cases of legitimate child abuse exist, but in the few cases in which I knew the people involved, in every example an anonymous caller used DCS as their personal weapon to strike at innocent people over trivial disagreements that had no connection with any facts. Given that the system is vulnerable to abuse, and given the extreme harm any action by DCS causes to families, I would assume any degree of failure to comply with the smallest infraction of personal rights would result in mandatory review. Even one day of parent-child separation in the absence of reasonable cause for a felony arrest should result in severe penalties to those involved in the action. It appears to me, that like all bureaucracies, DCS is prone to interpret every case as legitimate. This is not an accusation against DCS. It is a statement about the nature of bureaucracies, and the need for ADDED scrutiny of all bureaucratic actions. Frankly, I question the constitutionality of bureaucracies in general, because their power is delegated, and therefore unaccountable. No Government action can be unaccountable if we want to avoid its eventual degeneration into irrelevance and lawlessness, and the law of the jungle. Our Constitution is the source of all Government power, and it is the contract that legitimizes all Government power. To the extent that its various protections against intrusion are set aside, so is the power afforded by that contract. Eventually overstepping the limits of power eliminates that power, as a law of nature. Even total tyranny eventually crumbles to nothing.

  4. Being dedicated to a genre keeps it alive until the masses catch up to the "trend." Kent and Bill are keepin' it LIVE!! Thank you gentlemen..you know your JAZZ.

  5. Hemp has very little THC which is needed to kill cancer cells! Growing cannabis plants for THC inside a hemp field will not work...where is the fear? From not really knowing about Cannabis and Hemp or just not listening to the people teaching you through testimonies and packets of info over the last few years! Wake up Hoosier law makers!

ADVERTISEMENT