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Woman fails to prove animal fighting statute is unconstitutionally vague

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A Marion County woman failed to carry her “heavy burden” of proving that Indiana Code 35-46-3-10, which governs dog fights, is unconstitutionally vague, the Court of Appeals ruled Friday.

Alice Lee appealed her Class A misdemeanor conviction of attendance at an animal fighting contest. Police received a tip from a confidential informant about a dog fight occurring at an Indianapolis residence. Lee was in the garage where the fight was occurring, but told police she was just there to pick up her pit bull, which was in her car in the driveway.

She contended in Alice Lee v. State of Indiana, 49A02-1112-CR-1090, the word “attends” in I.C. 35-46-3-10, is so vague as to make the statute unconstitutional. The statute says “a person who knowingly or intentionally attends a fighting contest involving animals commits cruelty to an animal, a Class A misdemeanor.” An “animal fighting contest” is a conflict between two or more animals, doesn’t include a conflict that is accidental or unorganized, and “animal” does not include human being.

Lee argued that the statute could lead to someone being arrested if they watched a dog fight on the Internet, a simulation of a fight for a movie, watched a friend feed a mouse to a pet snake, or attended a circus and watched a man box with a kangaroo or wrestle a bear.

The statute makes clear that the scenarios Lee proposed would not fall under the statute, Judge James Kirsch wrote. He did note that the court “reserve(d) for another day the question of whether a person who pays to watch an animal fight live on the Internet can be said to be attending an animal fighting contest.”

 

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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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