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859 N.E.2d 1226

Shuger v. State

Indiana Court of Appeals

Decided January 17, 2007

Indiana Court of Appeals · decided 2007-01-17

Cited by 4 later decisions — most recently March 2013

4 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 2007-01-17

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KIRSCH, Chief Judge,

¶1dissenting.

¶2I respectfully dissent.

¶3While I agree with my colleagues that Frederick and Rosanne Shuger had the requisite intent to prevent or hinder the legal taking of deer, I find no evidence in the record that either they or their dog disturbed or tended to disturb or otherwise affect the behavior of any deer. *1238There is no evidence that any particular deer left the area or took any other action in response to their actions. In the absence of such evidence, I believe the State failed to make its case. Accordingly, I would reverse the convictions.

¶4Because I would reverse on evidentiary grounds, I do not reach the Shugers' constitutional arguments.

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