Contrary to What the Government Argued Chicken and Ducks are Animals!

Indianapolis, Indiana: Victoria Casanova and Mark Nicholson win on dismissal of a felony of failure to bury a dead animal!

Under Indiana Code 15-17-11-20, the failure to properly dispose of a dead animal within 24 hours is a Level 6 Felony. Mark and Victoria's client was charged with two felony counts. The government charged him with failure to bury a dead duck and a dead chicken. The government also filed a Habitual Offender Enhancement to increase the sentence if convicted.

Motion to Dismiss

About a week before trial, Mark filed a motion to dismiss, arguing that ducks and chickens are small animals and exempt from the statute. The prosecutor sent a very stern email to Attorney Nicholson. Due to the offensive and unprofessional manner of the email, Attorney Nicholson filed a motion to remove the prosecutor from the case. The court not only removed the prosecutor but also the entire prosecutor's office from the case.

Special Prosecutor Appointed

A Special Prosecutor was appointed and basically continued the same argument that chickens and ducks were not animals but poultry, so the exemption did not apply. The court agreed with the Special Prosecutor's argument and denied Attorney Nicholson and Attorney Casanova's argument.

The defense filed an interlocutory appeal. Appellate attorney Victoria Casanova, known for her superior reasoning and writing, argued that the statute's language was clear and unambiguous. The legislature intended to exclude small animals, such as ducks and chickens, from being considered an offense under this statute.

The Attorney General's office agreed with Attorney Casanova. The statute excludes small animals like chickens and ducks, which are legally defined as animals. The Indiana Attorney General asked the Indiana Court of Appeals to dismiss the charges against Mark and Victoria's client. The Indiana Court of Appeals agreed and issued its Opinion on May 13, 2024, reversing the trial court and ordering the charges dismissed.

Mark and Victoria's client was happy to hear the news of his case being dismissed.

Trials and Appeals

If you are charged with a crime and are in need of a trial attorney contact attorney Mark Nicholson at 317-219-3402. And if you have been convicted of a crime and need an appeal, please contact the Law Office of Mark Nicholson: Appellate Attorney Victoria Casanova will fight for you!