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. "Am I bugging you? I don't mean to bug ya." If what I wrote below is too much social philosophy for Indiana attorneys, just take ten this vacay to watch The Lego Movie with kiddies and sing along where appropriate: https://www.youtube.com/watch?v=etzMjoH0rJw

  2. I've got some free speech to share here about who is at work via the cat's paw of the ACLU stamping out Christian observances.... 2 Thessalonians chap 2: "And we also thank God continually because, when you received the word of God, which you heard from us, you accepted it not as a human word, but as it actually is, the word of God, which is indeed at work in you who believe. For you, brothers and sisters, became imitators of God’s churches in Judea, which are in Christ Jesus: You suffered from your own people the same things those churches suffered from the Jews who killed the Lord Jesus and the prophets and also drove us out. They displease God and are hostile to everyone in their effort to keep us from speaking to the Gentiles so that they may be saved. In this way they always heap up their sins to the limit. The wrath of God has come upon them at last."

  3. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

  4. Catholic, Lutheran, even the Baptists nuzzling the wolf! http://www.judicialwatch.org/press-room/press-releases/judicial-watch-documents-reveal-obama-hhs-paid-baptist-children-family-services-182129786-four-months-housing-illegal-alien-children/ YET where is the Progressivist outcry? Silent. I wonder why?

  5. Thank you, Honorable Ladies, and thank you, TIL, for this interesting interview. The most interesting question was the last one, which drew the least response. Could it be that NFP stamps are a threat to the very foundation of our common law American legal tradition, a throwback to the continental system that facilitated differing standards of justice? A throwback to Star Chamber’s protection of the landed gentry? If TIL ever again interviews this same panel, I would recommend inviting one known for voicing socio-legal dissent for the masses, maybe Welch, maybe Ogden, maybe our own John Smith? As demographics shift and our social cohesion precipitously drops, a consistent judicial core will become more and more important so that Justice and Equal Protection and Due Process are yet guiding stars. If those stars fall from our collective social horizon (and can they be seen even now through the haze of NFP opinions?) then what glue other than more NFP decisions and TRO’s and executive orders -- all backed by more and more lethally armed praetorians – will prop up our government institutions? And if and when we do arrive at such an end … will any then dare call that tyranny? Or will the cost of such dissent be too high to justify?

ADVERTISEMENT