The Situation

An Indiana client was charged with two Level 6 felonies for allegedly failing to dispose of a dead chicken and duck within 24 hours. The government also sought a habitual-offender enhancement, substantially increasing the client's potential punishment if convicted.

The Legal Challenge and Strategy

About a week before trial, Attorney Mark Nicholson moved to dismiss under Indiana Code section 15-17-11-20, arguing that the statute excludes small animals such as chickens and ducks. After the trial court denied dismissal, the defense pursued an interlocutory appeal. Appellate attorney Victoria Casanova argued that the statutory language was clear and unambiguous. The Indiana Attorney General ultimately agreed that the exemption applied and asked the Court of Appeals to dismiss the charges.

The Result

On May 13, 2024, the Indiana Court of Appeals reversed the trial court and ordered both felony charges dismissed. The dismissal also eliminated the habitual-offender enhancement tied to those charges.

Why It Matters

A precise statutory argument transformed a case headed toward trial into a complete appellate dismissal. The result protected the client from felony convictions and the enhanced sentencing exposure sought by the government.