Anti-Cruelty: Related Cases
|Animal Liberation (Vic) Inc v Gasser||(1991) 1 VR 51||
Animal Liberation were injuncted from publishing words claiming animal cruelty in a circus or demonstrating against that circus. They were also found guilty of nuisance resulting from their demonstration outside that circus. On appeal, the injunctions were overturned although the finding of nuisance was upheld.
|The Duck Shooting Case||(1997) 189 CLR 579||
The plaintiff was charged with being in an area set aside for hunting, during hunting season, without a licence. The plaintiff argued that he was there in order to collect dead and wounded ducks and endangered species and to draw media attention to the cruelty associated with duck shooting. The Court found that although the regulation under which the plaintiff was charged restricted the implied freedom of political communication, it was appropriate to protect the safety of persons with conflicting aims likely to be in the area.
|Isted v. CPS||(1998) 162 J.P. 513||
The appellant was a keeper of livestock who had shot and injured a neighbor's dog that had strayed into the appellant's pig pen. He had been convicted of doing an act causing unnecessary suffering to the dog contrary to the Protection of Animals Act 1911, s 1(1)(a) (second limb). Dismissing the appeal, the Divisional Court held that the local justices were entitled to find as a matter of fact that it had not been reasonably necessary to shoot the dog.
|RSPCA v Harrison||(1999) 204 LSJS 345||
The respondent was the owner of a dog which was found with skin ulcerations, larval infestations and saturated in urine. On appeal, it was found that the trial judge failed to give proper weight to cumulative circumstantial evidence as to the respondent's awareness of the dog's condition. It was also found that 'illness' was intended to cover a wide field of unhealthy conditions and included the larval infestation. The respondent was convicted and fined.
|Royal Society for the Prevention of Cruelty to Animals Western Australia Inc v Hammarquist||(2003) 138 A Crim R 329||
The respondents were charged with nine counts of inflicting unnecessary suffering on an animal, a cow, and one count of of subjecting 50 cows to unnecessary suffering. The trial judge found the respondents wrongly charged and dismissed the charges without the prosecution clearly articulating its case. The trial judge was incorrect to dismiss the charges for want of particulars. The trial magistrate was also incorrect to dismiss the tenth charge for duplicity. In some circumstances it is possible to include multiple offences in the same charge where the matters of complaint are substantially the same.
|Song v Coddington||(2003) 59 NSWLR 180||
The appellant was charged and convicted of being a person in charge and authorising the carriage of a number of goats in cages which did not allow those goats to stand upright. The appellant was a veterinary doctor employed by the Australian Quarantine Inspection Service and authorised under the Export Control (Animals) Orders 1987 to certify animals for export. On appeal, it was determined that for the purposes of the Prevention of Cruelty to Animals (General) Regulation 1996, the appellant was not a person in charge of the goats.
|State v. Fay||--- A.3d ----, 2020 WL 7051326 (N.H. Dec. 2, 2020)||In this New Hampshire case, Christina Fay appeals her convictions on seventeen counts of cruelty to animals. In 2017, a search warrant executed at her residence resulted in the seizure of over 70 Great Danes. Police learned of the conditions at defendant's residence from defendant's prior employees, who gave accounts of floors covered in layers of feces, dogs being fed maggot-infested raw chicken, and dogs present with injuries/illness. After conducting an investigation, the investigating Wolfeboro's police officer (Strauch) partnered with HSUS because the department did not have the resources to handle a large-scale animal law seizure. Strauch did not include in his affidavit supporting the search warrant's issuance that HSUS would be assisting the police, and the warrant itself did not explicitly state that HSUS was permitted to assist in its execution. On appeal, the defendant argues that the trial court erred in denying her motion to suppress by violating two of her constitutional rights: her right to be free from unreasonable searches and seizures and her right to privacy. As to the right to privacy argument, the court first noted that defendant grounded her argument in a recently enacted amendment to the state constitution. However, this new amendment, which states that an individual's right to live free from governmental intrusion in private or personal information is natural, essential, and inherent, did not apply retroactively to defendant. As to defendant's second argument that she had a right to be free from unreasonable searches and seizures, the court noted that it has not previously considered the extent to which it is constitutionally reasonable for the police to involve civilians when executing search warrants. The defendant argues that Strauch's failure to obtain express authorization for HSUS's aid from the magistrate who issued the search warrant was constitutionally unreasonable. The court found no instance in which a court has held that the failure to obtain express judicial authorization for citizen aid prior to the execution of a warrant rendered the subsequent search unconstitutional. While other courts have opined that is might be a "better practice" to disclose this matter when applying to the magistrate for a search warrant, failure to do so does not itself violate the Fourth Amendment. The pertinent inquiry is whether the search was reasonable in its execution, and any citizen involvement would be held to that scrutiny. The court concluded that the state did not violate the constitution by failing to obtain authorization for HSUS's involvement prior to the warrant's execution. Affirmed.|
|State v. Butler||--- A.3d ----, 2022 WL 4488304 (N.H. Sept. 28, 2022)||Defendant Kevin Butler was convicted of criminal negligence after he left his dog inside a parked vehicle for 45 minutes when the temperature was over 90 degrees outside. The charge came after a neighbor noticed a dog in the vehicle that was "scratching at the windows and the door" and appeared to be in distress. After calling the police, an animal control officer removed the animal from the unlocked car and transported the distressed dog to a local veterinary clinic. At trial, the defendant testified that he was out running errands on a "very hot" day, and asked his son to get the dog out of the car as Defendant's hands were full. An important phone call distracted him from following up on the dog's removal and only after the police knocked on his door did he realize the dog must still be in the car. On appeal here, Defendant contends that the evidence was insufficient to establish the mens rea of criminal negligence for both charges. The State must prove that a defendant “fail[ed] to become aware of a substantial and unjustifiable risk that the material element exists or will result from his conduct" and that this risk constitutes a gross deviation from conduct performed by a reasonable person. Here, the court found that the record supports the trial court's conclusion that the defendant failed to become aware of a substantial and unjustifiable risk that the dog would overheat in the car and that his failure to perceive this risk constituted a gross deviation from reasonable care. The temperature was high that day, the car was parked in direct sunlight with all the windows up, and the dog was left for around an hour. The fact that Defendant relied upon his 8-year-old son to remove the dog under these circumstances constituted a gross deviation from reasonable care. This was not "mere inattention" as Defendant claimed. The conviction was affirmed.|
|Madero v. Luffey||--- F.Supp.3d ----, 2020 WL 733766 (W.D. Pa. Feb. 13, 2020)||Ronald Madero allegedly took care of abandoned cats in his neighborhood by giving them food, shelter, and occasional medical care. Madero lived in a duplex in which his son owned both halves of the building. A neighbor contacted Animal Care and Control (ACC) and complained about abandoned kittens in front of her residence. On or about June 15, 2017, Officer Christine Luffey of the Pittsburgh Police Department arrived at Madero’s residence with a non-officer volunteer, Mary Kay Gentert. Officer Luffey requested to inspect the inside of both sides of the duplex. Madero refused and Luffey claimed she had a search warrant. Madero believed that Gentert was present to assist with spay and neuter services for the cats and consented to allow Gentert to inspect the premises while Luffey waited outside. Gentert took photographs inside. Some time afterwards, Luffey executed a search warrant. Madero asserted that the information gathered and photographs taken by Gentert were used to obtain the search warrant. A total of forty-two cats were seized. Madero asserts that after the cats were seized the cats were left for hours on the hot concrete in direct sunlight with no water and that snare catch poles were used to strangle the cats and force them into carriers or traps. Madero further asserted that the cats were not provided with veterinary care for several weeks and were kept in small cages in a windowless room. Some of the cats were ultimately euthanized. On August 7, 2017, Officer Luffey filed a criminal complaint against Madero accusing him of five counts of misdemeanor cruelty to animals and thirty-seven summary counts of cruelty to animals. Madero pled nolo contendere to twenty counts of disorderly conduct and was sentenced to ninety days of probation for each count with all twenty sentences to run consecutively. Madero filed a complaint asserting various causes of action under 42 U.S.C. 1983 and state law alleging illegal search and wrongful seizure of the cats against Officer Luffey, Homeless Cat Management Team (“HCMT”), Provident, and Humane Animal Rescue (“HAR”). The defendants each filed Motions to Dismiss. Madero pled that the cats were abandoned or stray cats, however, he also pled that the cats were his property and evidenced this by pleading that he fed the cats and provided shelter as well as veterinary care. The Court found that Madero pled sufficient facts to support ownership of the cats to afford him the standing to maintain his claims under section 1983 and common law. The Court held that Madero pled a plausible claim against Luffey on all counts of his complaint. Madero alleged that Officer Luffey violated his Fourth Amendment rights by lying about having a search warrant and securing consent by threatening to bust his door down. As for Madero’s state law claims, the court dismissed his negligent misrepresentation claim against Luffey as well as his claims for concerted tortious conduct. Madero failed to plead a threshold color of state law claim against the HAR defendants. There can be no violation of constitutional rights without state action. Madero’s claims for conversion and trespass to chattel against the HAR defendants were also dismissed. All claims against Provident were dismissed, however, Madero’s claim against HCMT for conspiracy was able to proceed. The Court ultimately denied in part and granted in part Officer Luffey’s Motion to Dismiss, Granted HAR’s Motion to Dismiss, and denied in part and granted in part HCMT’s and Provident’s Motion to Dismiss.|
|State v. Agee||--- N.E.3d ---- , 2019 WL 3504010 (Ohio App., 2019)||The Humane Society brought this action in response to a complaint regarding a dog tangled in a tether. Three German Shepherds were discovered that belonged to the Defendant, Shawn Agee, Jr. The dogs were suffering from maltreatment. All three had been restrained without access to water or food and one of the dog’s tethers was wrapped so tightly that its leg had started to swell. Two of the dogs were suffering from fly strike. The State charged the Defendant with 12 criminal misdemeanors relating to the treatment of the three animals. The trial court acquitted the Defendant of 10 of those counts because of his unrebutted testimony that he had been out of town for the weekend and had left the dogs in the care of his mother. The Defendant was found guilty to two second-degree misdemeanors relating to the two dogs suffering from fly strike because those particular injuries were long time, very painful injuries that were not being treated and the Defendant was the dogs’ “confiner, custodian, or caretaker.” The Defendant was sentenced to community control, a fine of $100, a suspended jail sentence of 180 days, the surrender of the two dogs with fly strike, and the proviso that the remaining dog be provided with regular vet appointments and various other conditions. This appeal followed. The Defendant asserted that the Court erred by finding that he had in fact violated the statute that he was found guilty of and that his convictions were not supported by legally sufficient evidence. The Defendant argued that he did not qualify as the type or class of persons subject to criminal liability merely as an owner. The Court noted that the trial court did not impose liability due to his status as the dogs’ owner, but rather due to this having served as the two dogs’ confiner, custodian, or caretaker when they developed fly strike and should have been but were not properly treated. As for the second assignment of error, the Court found that there was sufficient evidence to find that the Defendant had violated the statute. The Defendant had admitted that he knew that the two dogs had fly strike “two or three weeks before he left town for the weekend.” The dogs were not treated before he left town. The Court ultimately affirmed both convictions.|
|State v. Schuler||--- N.E.3d ----, 2019 WL 1894482 (Ohio Ct. App., 2019)||Appellant is appealing an animal cruelty conviction. A deputy dog warden received a report from a deputy sheriff who observed a pit bull on appellant's property who was unable to walk and in poor condition while responding to a noise complaint. Appellant released the dog to the deputy and the dog was later euthanized. While the deputy was on appellant's property she observed two other dogs that were extremely thin which prompted the deputy to return to the appellant's house the next day, but the appellant was in the hospital. The deputy later returned to the appellant's home a few days later and the appellant's ex-wife allowed the deputy to perform an animal welfare check on the property. Two Australian cattle dogs were very muddy and in an outdoor kennel with no food or water. Numerous chickens, rabbits, mice, snakes, and raccoons were also observed inside and outside the house all living in cramped, filthy conditions. The deputy went to the hospital and the appellant signed a waiver releasing the raccoons and snakes to the wildlife officer, but the appellant refused to release the other animals to the deputy. As a consequence a search warrant was obtained. "Two raccoons, 3 black rat snakes, 8 dogs, 7 chickens, 3 roosters, 17 rabbits, 5 rats, 200 mice, and 2 guinea pigs were removed from the property." Appellant was charged by complaints with five counts of cruelty to animals and two counts of cruelty to companion animals. An additional complaint was filed charging appellant with one count of cruelty to a companion animal (the euthanized pit bull). The appellant raised 3 errors on appeal. The first error is that the court lacked subject-matter jurisdiction to convict him of animal cruelty. The Court found that the complaint charging the appellant with animal cruelty in counts B, C, and D were not valid because it did not set forth the underlying facts of the offense, did not provide any of the statutory language, and failed to specify which of the 5 subsections the appellant allegedly violated. Therefore, the Court lacked subject-matter jurisdiction to convict the appellant and the animal cruelty conviction regarding the three counts for the rabbits was vacated. The second error appellant raised was that his conviction for cruelty to companion animals for the two Australian cattle dogs was not supported by sufficient evidence. The Court overruled appellant's second error because it found that the state had presented sufficient evidence to show that the appellant negligently failed to provide adequate food and water for the Australian cattle dogs. The third error the appellant raised was that the Court erred by ordering him to pay $831 in restitution. The Court also overruled appellant's third error since the appellant stipulated to paying the restitution. The judgment of the trial court was affirmed in all other respects.|
|City of Cleveland v. Turner||--- N.E.3d ----, 2019 WL 3974089 (Ohio Ct. App., 2019)||Defendant was convicted by bench trial of one count of sexual conduct with an animal (bestiality) in violation of R.C. 959.21(B). He was sentenced to 90 days in jail (with credit for time served), a $750 fine, with five years of inactive community control that included no contact with animals and random home inspections by the Animal Protection League (APL). The evidence supporting his conviction came from explicit letters defendant wrote to his boyfriend (who was incarcerated at the time) that described acts of bestiality. Defendant was also a sex offender parolee at the time of the letter writing. The letter, which was intercepted by jail officials, recounted a sexual act defendant engaged in with a dog that was under his care. Other similarly explicit letters were entered as evidence. In addition to the letters, the dog's owner testified that she left her dog with defendant and, after picking up the dog, the dog's behavior markedly changed from friendly to anxious and afraid. In addition, the dog was skittish for many days after, licked her genitals excessively, and was uncomfortable with any person near her backside, including the veterinarian. On appeal, defendant contends that the court erred by admitting his extrajudicial statements without independent evidence of a crime. Specifically, defendant contends the city failed to establish the corpus delicti to permit introduction of his purported confession. The court noted that this was a case of first impression since there is no Ohio case law that has analyzed the corpus delicti issue in the context of R.C. 959.21. Relying on the Indiana case of Shinnock v. State, 76 N.E.3d 841 (Ind.2017), this court found that while there was no direct evidence of a crime against the dog, the circumstantial evidence corroborates defendant's statements in his letter. The corpus delicti rule requires that the prosecution supply some evidence of a crime to admit the extrajudicial statements. Here, the city did that with the dog owner's testimony concerning the dog's altered behavior after being left alone with defendant. The court also found the evidence, while circumstantial, withstood a sufficiency of evidence challenge by defendant on appeal. On the issue of sentencing and random home inspections as a condition of his community control sanctions, the court found that the trial court did not have "reasonable grounds" to order warrantless searches of real property for a misdemeanor conviction. The finding of guilt for defendant's bestiality conviction was affirmed, but the condition of community control sanction regarding random home inspections was reversed and remanded.|
|State v. Marcellino||--- N.E.3d ----, 2019 WL 6311765, 2019 -Ohio- 4837 (2019).||Bianca Marcellino was charged and convicted of two counts of cruelty to animals after a search of her residence revealed two horses that were in need of emergency medical aid. Marcellino was ordered to pay restitution and she subsequently appealed. Marcellino argued that the trial court abused its discretion by denying the motion for a Franks hearing where there were affidavits demonstrating material false statements in the affidavit for the search warrant. The Court contended that the trial court did not err in failing to hold a Franks hearing because even if the Court sets aside the alleged false statements in the affidavit, there remained an overwhelming amount of sufficient statements to support a finding of probable cause. The Court also held that trial courts have the authority to order restitution only to the actual victims of an offense or survivors of the victim, therefore, the award of restitution to the humane society was not valid because humane societies are a governmental entity and cannot be victims of abuse. The Court ultimately affirmed the judgment of the municipal court and reversed and vacated the order of restitution.|
|People v. Collier||--- N.E.3d ----, 2020 IL App (1st) 162519||Chicago police officers, while investigating reports of animal abuse, visited Samuel Collier’s place of residence and observed a dog chained up outside in 15-degree weather. On a second visit, the same dog was observed chained up outside in the cold. The dog happened to match the description of a dog that had been reported stolen in the neighborhood. Office Chausse executed a search warrant on Collier’s property and was welcomed by the smell of urine and feces. The house had feces everywhere. The house was also extremely cold with no running water. A total of four dogs were found that were kept in rooms without food or water. One of the dogs found was a bulldog that had been stolen from someone’s backyard. Collier was subsequently arrested. Collier was found guilty of one count of theft and four counts of cruel treatment of animals and was sentenced to two years in prison. Collier subsequently appealed. Collier argued that there was insufficient evidence to prove his guilt at trial because despite the photographs of his house the dogs were found to be in good health. The Court held that the poor conditions in which the dogs were kept along with the condition of the dogs and the premises was sufficient to prove that the dogs were abused or treated cruelly under Illinois law. Collier also attempted to argue that the charging instrument failed to adequately notify him of the offense he was charged with. The Court found no merit in this argument. Lastly, Collier argued that the animal cruelty statute violated due process because it was unconstitutionally vague and potentially criminalized innocent conduct. The Court, however, stated that the statute did not capture innocent conduct, instead, it captured conduct that can be defined as cruel or abusive. Cruel and abusive conduct is clearly not innocent conduct. The statute sufficiently informed reasonable persons of the conduct that was prohibited. The Court ultimately affirmed the judgment of the trial court.|
|Commonwealth v. Whitson||--- N.E.3d ----, 97 Mass.App.Ct. 798, 2020 WL 3635941 (2020)||This case involves an appeal of an animal cruelty conviction after defendant repeatedly stabbed a dog named Smokey, a three-year old pit bull. The incident in question occurred on a street outside of defendant's barber shop. Smokey was on-leash walking with his owner when an unleashed smaller dog ran at Smokey and began biting his ankles. Smokey responded playfully, not aggressively. The defendant responded to calls of assistance from the smaller dog's owner and helped separate the dogs. After this, the defendant returned briefly to his barbershop and came back with a knife that he used to repeatedly stab Smokey with while he restrained the dog with his other arm. The police eventually responded and defendant was taken to the hospital for a laceration on his hand where he yelled, "I'm glad I killed the [expletive] dog." Smokey survived the attack and defendant was charged and convicted. On appeal, defendant raised several arguments challenging the verdict. In particular, the defendant challenges the sufficiency of the evidence, arguing that he stabbed Smokey repeatedly to release the dog from biting his hand. The appellate court found that no defense witnesses testified that Smokey bit defendant and the no medical records corroborated defendant's version of events. Defendant also argued that the judged erred in denying his motion in limine regarding Smokey prior and subsequent "bad acts," which, defendant claimed, were relevant to the issue of Smokey as the initial aggressor. This court found that the proffered evidence of bad acts was inadmissible hearsay and the acts subsequent to Smokey's stabbing occurred too remotely to have any probative value. Finally, the court found no substantial risk of a miscarriage of justice where the judge failed to give a sua sponte necessity defense. The judgment was affirmed.|
|People v. Panetta||--- N.Y.S.3d ----, 2018 WL 6627442, 2018 N.Y. Slip Op. 28404 (N.Y. App. Term. Dec. 13, 2018)||Defendant was convicted of animal cruelty, inadequate shelter, and failing to seek veterinary care for her numerous dogs. After an initial seizure of two dogs, defendant was served with a notice to comply with care and sheltering of her remaining dogs. Following inspections about a month later, inspectors found that defendant had failed to comply with this order, and dogs suffering from broken bones and other injuries (including one dog with "a large tumor hanging from its mammary gland area") were seized and subsequently euthanized. As a result, defendant was arrested and charged with 11 violations of Agriculture and Markets Law § 353 and local code violations. Defendant then moved to suppress the physical evidence and statements taken during the initial warrantless entry onto her property and the evidence obtained after that during the execution of subsequent search warrants, arguing that the initial warrantless entry tainted the evidence thereafter. At the suppression hearing, a building contractor who had visited defendant's residence testified that he contacted the Office for the Aging because he had concerns for defendant. An official at the Office for the Aging also testified that the contractor told her that he observed 6 dogs in the home and about 50-100 dogs in outdoor cages. The investigating officer who ultimately visited defendant's property reported that there were nearly 100 dogs living in "unhealthy conditions" on defendant's property. Upon encountering defendant that day, the officer testified that defendant demanded a search warrant for further investigation (which the officer obtained and executed later that day). Following this hearing, the City Court held that while the officer's entry violated defendant's legitimate expectation of privacy, his actions were justified under the emergency exception warrant requirement and, thus, denied defendant's motion to suppress. On appeal here, defendant argues that the prosecution failed to establish the officer had reasonable grounds to believe there was an immediate need to protect life or property and that all the evidence obtained thereafter should have been suppressed. Relying on previous holdings that allow the emergency exception in cases where animals are in imminent danger of health or need of protection, this court found that the prosecution failed to establish the applicability of the emergency doctrine. In particular, the court was troubled by the fact that, on the first visit, the officers crossed a chain fence that was posted with a no trespassing sign (although they testified they did not see the sign). Because the officers only knew that there were "unhealthy conditions" on defendant's property in a house that the contractor testified that he thought should be "condemned," this did not support a conclusion of a "substantial threat of imminent danger" to defendant or her dogs. While in hindsight there was an emergency with respect to the dogs, the court "cannot retroactively apply subsequently obtained facts to justify the officers' initial entry onto defendant's property." As a result, the court remitted the matter to the City Court for a determination of whether the seizures of evidence after the initial illegal entry occurred under facts that were sufficiently distinguishable from the illegal entry so to have purged the original taint.|
|People v. Brinkley||--- N.Y.S.3d ----, 2019 WL 3226728 (N.Y. App. Div. July 18, 2019)||Defendant was convicted of aggravated cruelty to animals. The Defendant appealed the judgment. Defendant and his nephew had purchased a puppy and continually used negative reinforcement, such as paddling or popping the dog on the rear end with an open hand, for unwanted behavior. On one occasion, when the dog was approximately 15 months old, the Defendant’s nephew found that the dog had defecated in the apartment. The nephew attempted to paddle the dog and the dog bit the nephew’s thumb as a result. When the Defendant had returned home, the nephew explained to him what had happened. The Defendant proceeded to remove the dog from his crate, put the dog’s face by the nephew’s injured thumb, and told him he was a bad dog. The dog then bit off a portion of the Defendant’s thumb. The Defendant attempted to herd the dog onto the back porch, but the dog became aggressive and continued to bite him. As a result, the Defendant repeatedly kicked the dog and used a metal hammer to beat the dog into submission. The dog later died due to his injuries. The Defendant argued that he had a justifiable purpose for causing the dog serious physical injury. The Defendant testified that he was in shock from the injury to his thumb and that he was trying to protect himself and his nephew. However, other evidence contradicted the Defendant's testimony. The dog was in a crate when the Defendant got home, and the Defendant could have left him there rather than take the dog out to discipline him. The Defendant was at least partially at fault for creating the situation that led him to react in such a violent manner. The Court reviewed several of the Defendant’s contentions and found them all to be without merit. The judgment was ultimately affirmed.|
|People v. Harris||--- P.3d ---- 2016 WL 6518566 (Colo.App.,2016)||Harris was convicted for twenty-two counts of cruelty to animals after dozens of malnourished animals were found on her property by employees of the Humane Society. On appeal, Harris raised two main issues: (1) that the animal protection agent who was an employee of the Humane Society was not authorized to obtain a search warrant to investigate her property and (2) that the mistreatment of the twenty-two animals constituted one continuous course of conduct and that the lower court violated her rights under the Double Jeopardy Clause by entering a judgment on twenty-two counts of animal cruelty. The Court of Appeals reviewed the issue of whether the animal protection agent had the authority to obtain a search warrant to investigate the property and determined that the agent did not have the proper authority. The Court looked to the state statute that specifically stated that only “state employees” were able to investigate livestock cases. In this case, the animal protection agent was employed by the Humane Society and was not a state employee; therefore, he did not have the authority to obtain a search warrant to investigate the property. However, the Court found that there was no constitutional violation with regard to the search warrant because it was still obtained based on probable cause. For this reason, the Court denied Harris’ request to suppress evidence that was submitted as a result of the search warrant. Finally, the Court reviewed Harris’ argument regarding her rights under the Double Jeopardy Clause. The Court found that under the statute dealing with animal cruelty, the phrases “any animal” and “an animal” suggests that a person commits a separate offense for each animal that is mistreated. Essentially, the Court held that the language of the statute “demonstrates that the legislature perceived animal cruelty not as an offense against property but as an offense against the individual animal.” As a result, Harris’ rights under the Double Jeopardy Clause were not violated and the Court upheld the lower court’s decision.|
|Matter of Ware||--- P.3d ----, 2018 WL 3120370 (Wash. Ct. App. June 26, 2018)||After the Lewis County Prosecuting Attorney's Office's decided not to issue charges in an animal abuse case, two private citizens sought to independently initiate criminal charges. One person filed a petition for a citizen's complaint in district court and, after that was denied, another person filed a petition to summon a grand jury. On appeal, those appellants argue that the lower court erred in not granting their petitions. The animal cruelty claim stems from an incident in 2016, where a woman filed a report with police stating that a neighbor had killed her mother's cat by throwing a rock at the cat and stabbing it with a knife. Witnesses gave similar account of the abuse of the cat by the neighbor. The responding police officer then determined that there was probable cause to arrest the suspect for first degree animal cruelty. The officer found the cat's body and photographed the injuries, although the officer could not determine whether the cat had been stabbed. Subsequently, the prosecuting attorney's office declined to file charges because the actions related to the animal's death were unclear. Additionally, the cat's body was not collected at the scene to sustain a charge.|
|Mackley v. State||--- P.3d ----, 2021 WL 671631 (Wyo. Feb. 22, 2021)||The Wyoming Supreme Court considers whether the jury was properly instructed on the charge of aggravated animal cruelty. The case stems from an incident where a dog escaped his owner and attacked the defendant's dogs at his front door. A local teenager grabbed the offending dog ("Rocky") and dragged him into the street as the dog fight carried on. The defendant responded by grabbing his gun and shooting Rocky as he was held by the teenager. A jury convicted defendant of both aggravated animal cruelty and reckless endangering. At the trial, defendant moved for judgment of acquittal on both charges, arguing that the Wyoming Legislature has established that humanely destroying an animal is not animal cruelty and that the State did not provide evidence that he intentionally pointed a firearm at anyone, which defendant contends is necessary for the reckless endangering charge. On appeal here, the court first observed that defendant's challenge to a confusing or misleading jury instruction was waived because he negotiated with the prosecution to draft it. Further, the Supreme Court did not find an abuse of discretion where the district court refused defendant's additional instructions on the humane destruction of an animal in the jury instructions on the elements for the aggravated cruelty to animals charge. While defendant argued that the instructions should include subsection m from the statute, he only now on appeal contends that the subsection should have been given as a theory of defense. Thus, reviewing this argument for plain error, the Court found that defendant's theory that his killing was "humane" and thus excluded from the crime of aggravated cruelty was not supported by the language of the statute. In fact, such an interpretation not only goes against the plain language, but "then any animal could be killed, under any circumstances, as long as it is killed quickly." Defendant presented no evidence that the dog he shot was suffering or distressed and needed euthanasia. The trial court did not commit error when it declined to instruct the jury on subsection m. As to the reckless endangering conviction, the court also affirmed this charge as defendant showed a conscious disregard for the substantial risk he placed the teenager in regardless of whether he pointed the gun at the victim. Affirmed.|
|State v. Jallow||--- P.3d ----, 2021 WL 939178 (Wash. Ct. App. Mar. 8, 2021)||Defendant Jallow appeals his conviction of two counts of animal cruelty in the first degree, arguing that (1) the evidence was insufficient to convict him of animal cruelty, (2) the to-convict instruction omitted the element of causation, thus relieving the State of its burden of proof, and (3) because animal cruelty is an alternative means crime, violation of the unanimous jury verdict requires reversal of one of the animal cruelty convictions. The cruelty convictions stemmed from events first occurring in late 2016. An animal control officer (Davis) received a report on sheep and goats at defendant's property that were in poor condition. On the officer's second documented visit, he observed a a lifeless sheep. On a subsequent visit, the officer took a sheep that a neighbor has wrapped in a blanket to a local veterinarian who scored it very low on a health scale and ultimately had to euthanize the animal. After a couple more visits to bring food and monitor the animals, and after no contact from Jallow despite requests, Davis returned with a search warrant to seize the animals. Jallow was charged with three counts of first degree cruelty to animals and one count of bail jumping. At trial, Jallow contended that he contracted with another person (Jabang) to care for the animals after he went on an extended trip in October of 2016. After hearing testimony from both Jallow and Jabang (hired to care for the animals), Jallow was ultimately convicted of first degree cruelty. On appeal, Jallow first argued that there was insufficient evidence to support his conviction and that he was not criminally negligent because he arranged for someone else to care for the animals. However, the evidence showed that despite being aware that his caretaker was not providing sufficient care, Jallow continued to rely on him and did not take further action. The court noted that a reasonable person in this situation would have found an alternate caretaker. "Although Jallow himself was not neglecting to feed and water the animals, he was directly responsible for not ensuring that his animals were properly cared for. Because any rational trier of fact could have found that Jallow acted with criminal negligence, sufficient evidence supported his conviction." As to Jallow's contention that the jury instruction was incorrect, the appellate court agreed. The omission of the language "as a result causes" removed an essential element of the crime and did not allow Jallow to pursue his theory that it was his employee Jabang's intervening actions that caused the injury to the sheep. Finally, defendant argued on appeal that first degree animal cruelty is an alternative means crime and thus, the trial court committed instructional error when it did not give particularized expressions of jury unanimity on each alternative means for commission of the crime. Notably, at the prosecution's urging, the court ultimately held that the previous case that held first degree animal cruelty is an alternative means crime was wrongly decided. However, the two instructional errors necessitated reversal of Jallow's conviction here. Reversed.|
|State v. Hackett||--- P.3d ----, 315 Or.App. 360, 2021 WL 4987629 (2021)||Defendant was convicted of second-degree animal abuse, among other crimes. On appeal, he argues that the trial court erred when it denied his motion for judgment of acquittal (MJOA) and imposed fines (in addition to incarceration) without first determining his ability to pay. The conviction was supported by testimony at trial from two witnesses, a mother and her daughter. The daughter was visiting her mother and heard a dog "yike" in pain outside while she was at her mother's house. She thought a dog may have been hit by a car, so she went outside where she observed defendant and his dog Bosco. The dog was whimpering and laying in submission as the defendant hit the dog. Then, after going inside briefly to call police, the witness returned outside to see defendant was "just going to town and beating the dog" and throwing rocks at the dog to the point where the witness was concerned for the dog's life. On appeal, defendant contends that the trial court erred on the second-degree animal abuse charge because the evidence did not permit a rational inference that Bosco experienced "substantial pain" as required by the statute. The court, in a matter of first impression, examined whether Bosco experienced substantial pain. Both the state and defendant acknowledged that appellate courts have not yet interpreted the meaning of "substantial pain" for animal victims, so both parties rely on cases involving human victims. Defendant suggests that Bosco did not experience a significant duration of pain to permit a finding of substantial pain. The court disagreed, analogizing with cases where a human victim could not testify concerning the pain. Thus, the court concluded that the evidence supported a reasonable inference that Bosco's pain was not "fleeting" or "momentary." Not only did the witnesses see the defendant kick and pelt the dog with rocks, but one witness left to phone police and returned to find the defendant still abusing the dog. As to the fines, the court found that the trial court did err in ordering payment of fines within 30-days without making an assessment of defendant's ability to pay. Thus, the the trial court did not err in denying defendant's MJOA, but the matter was remanded for entry of judgment that omitted the "due in 30 days" for the fines.|
|Justice by and through Mosiman v. Vercher||--- P.3d ----, 321 Or.App. 439 (2022)||The Oregon Court of Appeals, as a matter of first impression, considers whether a horse has the legal capacity to sue in an Oregon court. The Executive Director of Sound Equine Options (SEO), Kim Mosiman, filed a complaint naming a horse (“Justice”)as plaintiff with the Mosiman acting as his guardian, and claiming negligence against his former owner. In the instant appeal, Mosiman challenges the trial court's grant of defendant's motion to dismiss. In 2017, defendant's neighbor persuaded defendant to seek veterinary care for her horse. The veterinarian found the horse to be about 300 pounds underweight with significant walking difficulties and other maladies. The horse was voluntarily surrendered to Mosiman who eventually nursed the animal back to good health. In 2018, Mosiman filed a complaint on Justice's behalf for a single claim of negligence per se, alleging that defendant violated the Oregon anti-cruelty statute ORS 167.330(1) by failing to provide minimum care. Defendant moved to dismiss the complaint on the grounds that a horse lacks the legal capacity to sue and the court granted dismissal. Specifically, the trial court expressed concern over the "profound implications" of allowing a non-human animal to sue and stated that an appellate court could come to a different conclusion by "wad[ing] into the public policy debate involving the evolution of animal rights." Here, the appellate court first found no statutory authority for a court to appoint a guardian for an animal because "a horse inherently lacks self-determination and the ability to express its wishes in a manner the legal system would recognize." The animal has a "distinctive incapacity" that sets it apart from humans with legal disabilities that require appointment of a legal guardian. The court reaffirmed the law's treatment of animals as personal property and found no support in the precedent for permitting an animal to vindicate its own legal rights. While Oregon's animal welfare laws recognize animals as beings capable of feeling pain, this makes them a special type of property and imposes duties on the human owners rather than rights to the animal victims. The court held that only human beings and legislatively-created legal entities are persons with the capacity to sue under Oregon common law. The court emphasized that this holding does not prevent Oregon laws from ever recognizing an animal as a legal person, but the courts are not the appropriate vehicle to do that. Accordingly, this court affirmed the trial court's judgment dismissing the complaint with prejudice.|
|Scales v. State||--- S.W.3d ---- , 2020 WL 1174185 (Tex. App. Mar. 11, 2020)||Defendant, Jade Derrick Scales, was convicted of two counts of cruelty to non-livestock animals which constituted a state felony. Michelle Stopka had found two puppies in an alley and took them in. On February 8, 2015, Defendant confronted Stopka in her front yard holding a knife and wearing a mask and brass knuckles. Leonard Wiley, the man Stopka was residing with, confronted the Defendant and a brief confrontation ensued which resulted in both individuals sustaining a cut. Stopka soon discovered that both puppies had been sliced open and were bleeding. The puppies did not survive their injuries. Defendant’s sentence was enhanced to a second-degree felony based on the finding of use or exhibition of a deadly weapon during the commission of, or during immediate flight following, the commission of the offense and the fact that the Defendant had a previous conviction for a second-degree-felony offense of burglary of a habitation. Defendant was sentenced to seven years and a fine of $2,000. The Defendant subsequently appealed. The first issue raised on appeal by the Defendant was the deadly weapon finding which the the Court found was appropriate. The second issue regarded a jury instruction error. The Defendant contended that the trial court erred by failing to instruct the jury that a deadly-weapon finding is only appropriate when the weapon is used or exhibited against a human being. The Court found that although a deadly-weapon instruction should not have been given, the error was not egregious and therefore overruled the issue because a jury could have reasonably believed that the Defendant used the same knife to both inflict wounds upon the puppies and Leonard. The failure to provide such a jury instruction did not materially affect the jury’s deliberations or verdict. The third issue raised by the Defendant was that he was provided ineffective assistance of counsel. The Court overruled this issue as well. The Fourth issue raised by Defendant was that his prosecution was based on two identical indictments for the same conduct committed in one criminal episode which violated double jeopardy and due process principles. The Defendant did not preserve his claim of double jeopardy and the Court further found that two separate dogs were the object of the criminal act and each dog could have been prosecuted separately. No double jeopardy violation was found on the face of the record and, therefore, the Defendant did not qualify for an exception to the preservation rule. The fifth issue Defendant raised was that his sentence was illegal because the range of punishment for the offense for which he was convicted was illegally enhanced. The Court overruled this issue because his conviction was not illegally enhanced. The trial court’s judgment was ultimately affirmed.|
|Galindo v. State||--- S.W.3d ----, 2018 WL 4128054 (Tex. App. Aug. 30, 2018)||Appellant Galindo pleaded guilty to cruelty to nonlivestock animals and a deadly-weapon allegation from the indictment. The trial court accepted his plea, found him guilty, and sentenced him to five years in prison. The facts stem from an incident where Galindo grabbed and then stabbed a dog with a kitchen knife. The indictment indicated that Galindo also used and exhibited a deadly weapon (a knife) during both the commission of the offense and flight from the offense. On appeal, Galindo argues that the deadly-weapon finding is legally insufficient because the weapon was used against a "nonhuman." Appellant relies on the recent decision of Prichard v. State, 533 S.W.3d 315 (Tex. Crim. App. 2017), in which the Texas Court of Appeals held that a deadly-weapon finding is legally insufficient where the sole recipient of the use or exhibition of the deadly weapon is a nonhuman. The court here found the facts distinguishable from Prichard. The court noted that Prichard left open the possibility that a deadly-weapons finding could occur when the weapon was used or exhibited against a human during the commission of an offense against an animal. Here, the evidence introduced at defendant's guilty plea and testimony from sentencing and in the PSIR are sufficient to support the trial court's finding on the deadly-weapons plea (e.g., the PSI and defense counsel stated that Galindo first threatened his girlfriend with the knife and then cut the animal in front of his girlfriend and her son). The judgment of the trial court was affirmed.|
|State v. Archer||--- So.3d ----, 2018 WL 6579053 (Fla. Dist. Ct. App. Dec. 14, 2018)||This appeal concerns the lower court's granting of a motion to suppress evidence in an animal cruelty case. In April of 2017, a Ponce Inlet Police Department officer responded to defendant's residence after receiving a call about possible animal abuse. The caller described hearing sounds of a dog yelping and being beaten. Upon arrival, Officer Bines heard dog commands and the sounds of "striking flesh." He then knocked on defendant Archer's front door and began speaking with him on the front porch. Officer Bines told Archer that he was there to investigate a complaint of possible animal abuse to which Archer acknowledged that his dog bit him after he disciplined the dog for making a mess, so he "hit him a couple times." The officer then told Archer he had "probable cause" to enter the house or he could seek a warrant. Ultimately, Bines followed Archer to the backyard where Archer pointed to a dog in the corner that had its tongue out and was bloodied. Shortly thereafter, Bines determined the dog was dead. Archer was then cuffed and advised of his Miranda rights. After placing Archer in the police vehicle, Bines and other officers re-entered the home and yard to take pictures of the crime scene and to secure the canine's remains. After being charged with violating the cruelty to animals law (Section 828.12), Archer moved to suppress the evidence obtained from the warrantless entry of his home. The trial court granted and denied the motion in part, finding that while there were exigent circumstances to justify the warrantless entry, the exigency was over once it was determined that the dog was dead. The State of Florida appeals here. The appellate court first noted that while warrantless searches of homes are presumed illegal, an officer may enter when there are exigent circumstances including medical emergencies related to animals. Despite Archer's attempts to distinguish the instant facts from previous cases because there were no signs of blood or smells to indicate an emergency, the totality of the facts showed police received a call of animal cruelty in progress and the Officer Bines heard sounds of striking flesh. In addition, Archer advised Bines that he had struck the dog. Thus, the court found the officer "had reasonable grounds to believe that there was an urgent and immediate need to check on the safety and well-being of the dog and to connect the feared emergency to the house that they entered." As to suppression of the evidence found in plain view after entry onto the property, the appellate court also found the lower court erred in its decision. Under existing case law, once entry is allowed based on exigent circumstances, items found in plain view may be lawfully seized. The officer saw the dog in the corner before he knew the dog was dead, and thus, the exigency still existed. With respect to the photographs taken and the bodycam footage, the court held that re-entry into the home after Archer was in the patrol car did not require a warrant. Once an exigency that justified a warrantless search is over, law enforcement cannot go back and conduct further searches. However, in this case, the re-entry into Archer's house was a continuation of photographing evidence that was already found in plain view while the exigency existed (e.g., before the officers knew the dog was dead). The motion to suppress was affirmed in part and reversed in part.|
|State v. Avella||--- So.3d ----, 2019 WL 2552529 (Fla. Dist. Ct. App. June 21, 2019)||The Defendant was charged with practicing veterinary medicine without a license and for cruelty to animals. The Defendant made a homemade device attempting to treat his dog for a problem because he did not have the money to take his dog to the vet. The home treatment ended up injuring the dog and he took the dog to a veterinarian for treatment. The veterinarian stated that the dog needed to be taken to an advanced care veterinary facility, however, the Defendant could not do so due to lack of funds. The trial court dismissed the charges brought against the Defendant and the State of Florida appealed. Florida law forbids a person from practicing veterinary medicine without a license. The Defendant was not a veterinarian. The Defendant relied upon statutory exemptions in Florida’s statue that permit a person to care for his or her own animals and claims that he was just trying to help his dog, Thor. The Defendant also argued that the purpose of the statute was to prevent unlicensed veterinary care provided to the public rather than to criminalize the care an owner provides to his or her animals. The Court held that the trial court did not err in dismissing Count I for unlicensed practice of veterinary medicine given the stated purpose of the statute and the statutory exemptions. As for Count II, animal cruelty, the State argued that the Defendant’s conduct in using a homemade tool to remove bone fragments from the dog’s rectum and then failing to take the dog to an advanced care clinic fits under the Florida animal cruelty statute. Although the Defendant argued that he had no intention of inflicting pain upon his dog and was only trying to help him, the Court agreed with the State’s argument that “the statute does not require a specific intent to cause pain but punishes an intentional act that results in the excessive infliction of unnecessary pain or suffering.” Ultimately the Court affirmed the trial court’s dismissal of Count I, reversed the trial court’s dismissal of Count II and remanded for further proceedings on the animal cruelty charge.|
|Dancy v. State||--- So.3d ----, 2020 WL 240457 (Miss. Jan. 16 , 2020)||The Justice Court of Union County found Michael Dancy guilty of three counts of animal cruelty and ordered the permanent forfeiture of Dancy’s six horses, four cats, and three dogs. Dancy appealed to the circuit court. The circuit court ordered that the animals be permanently forfeited and found Dancy guilty. The circuit court also ordered Dancy to pay $39,225 for care and boarding costs for the horses. Dancy subsequently appealed to the Supreme Court of Mississippi. Essentially, Dancy failed to provide adequate shelter, food, and water for the animals. The Court found that the circuit court properly released the animals to an animal protection organization. The Court also found that the reimbursement order was permissible. Two of Dancy’s three convictions were for violations of the same statute regarding simple cruelty, one for his four cats and one for his three dogs. The Court held that, according to the statute's plain language, Dancy’s cruelty to a combination of dogs and cats occurring at the same time "shall constitute a single offense." Thus, the State cannot punish Dancy twice for the same offense without violating his right against double jeopardy. For that reason, the court vacated Dancy’s second conviction of simple cruelty. The court affirmed the permanent forfeiture and reimbursement order and his other cruelty conviction.|
|Archer v. State||--- So.3d ----, 2020 WL 7409970 (Fla. Dist. Ct. App. Dec. 18, 2020)||Defendant Tim Archer pleaded no contest to felony animal cruelty in Florida. Archer's dog Ponce apparently made a mess in Archer's house and, when Archer "disciplined" Ponce, the dog bit him, leading to Archer violently beating and stabbing the dog to death. Public outcry over mild punishment in the state for heinous acts of animal abuse led to "Ponce's Law," which enhanced penalties (although it did not retroactively apply to Archer). As a condition of Archer's plea agreement, both parties stipulated to a restriction on future ownership of animals as part of Archer's probation. On appeal here, Archer argues that the trial court erred in imposing these special conditions of probation. With regard to special condition 34 and 35, which prohibits him from owning any animal for the duration of his life and prohibits him from residing with anyone who owns a pet, Archer seeks clarification whether this prohibits him from residing with his ex-wife and children who own two cats, respectively. The court found that condition 35 would only be in effect for his three-year probationary term. Additionally, the court found condition 34 that imposes a lifetime ban on ownership exceeded the trial court's jurisdiction regardless of the open-ended language of Ponce's law. The animal restriction is not "a license to exceed the general rule that prohibits a court from imposing a probationary term beyond the statutorily permissible term, which in this case is five years." The case was remanded to the trial court to modify the conditions of probation to be coextensive with the probationary term.|
|Houk v. State||--- So.3d ----, 2021 WL 1685627 (Fla. Dist. Ct. App. Apr. 29, 2021)||Appellant Crystal Houk challenges her convictions and sentences for animal cruelty and aggravated animal cruelty on several grounds. Appellant contends her dual convictions for those crimes violate double jeopardy because animal cruelty and aggravated animal cruelty are degree variants under section 775.021(4)(b)2. The conviction stems from Houk leaving her dog Gracie May in a car in a Walmart parking lot with the windows closed on a hot, humid day in Florida for over an hour. Apparently, Appellant had pressed a PVC pipe against the accelerator to keep the car accelerating since there was something wrong with the air conditioner. When employees gained entry to her vehicle, they discovered the A/C was actually blowing hot air and the dog was in great distress. Gracie died soon thereafter from heat stroke. A postmortem examination revealed her internal temperature was above 109.9 degrees. Houk was charged with aggravated animal cruelty and animal cruelty, tried by jury, and convicted. She was sentenced to concurrent terms of thirty-six months of probation on Count 1 and twelve months of probation on Count 2, each with a condition that she serve thirty days in jail. On appeal here, this court first found that the offenses of animal cruelty and aggravated animal cruelty satisfy the Blockburger same elements test and do not fall under the identical elements of proof or subsumed-within exceptions. However, as to the degree variant exception, the court agreed with Appellant that the offense of animal cruelty and aggravated animal cruelty are not based on entirely different conduct and a violation of one subsection would also constitute a violation of the other. Additionally, while another statutory section allows the charging of separate offenses for multiple acts or acts against more than one animal, the section does not authorize "the charging of separate offenses or the imposition of multiple punishments when a single act against one animal satisfies both subsections." Accordingly, the court agreed with Appellant and reversed her conviction for animal cruelty (while keeping the higher degree conviction of aggravated cruelty).|
|People v. Berry||1 Cal. App. 4th 778 (1991)||
In a prosecution arising out of the killing of a two-year-old child by a pit bulldog owned by a neighbor of the victim, the owner was convicted of involuntary manslaughter (Pen. Code, § 192, subd. (b)), keeping a mischievous animal (Pen. Code, § 399), and keeping a fighting dog (Pen. Code, § 597.5, subd. (a)(1)). The Court of Appeal affirmed, holding that an instruction that a minor under the age of five years is not required to take precautions, was proper. The court further held that the trial court erred in defining "mischievous" in the jury instruction, however, the erroneous definition was not prejudicial error under any standard of review. The court also held that the scope of defendant's duty owed toward the victim was not defined by Civ. Code, § 3342, the dog-bite statute; nothing in the statute suggests it creates a defense in a criminal action based on the victim's status as a trespasser and on the defendant's negligence.
|State v. Murphy||10 A.3d 697 (Me.,2010)||
Defendant appeals her convictions for assault of an officer, refusing to submit to arrest, criminal use of an electronic weapon, and two counts of cruelty to animals. In October 2009, a state police trooper was dispatched to defendant's home to investigate complaints that she was keeping animals despite a lifetime ban imposed after her 2004 animal cruelty conviction. The appellate found each of her five claims frivolous, and instead directed its inquiry as to whether the trial court correctly refused recusal at defendant's request. This court found that the trial court acted with "commendable restraint and responsible concern for Murphy's fundamental rights," especially in light of defendant's outbursts and provocations.
|People v. Tinsdale||10 Abbott's Prac. Rept. (New) 374 (N.Y. 1868)||
This case represents one of the first prosecutions by Mr. Bergh of the ASPCA under the new New York anti-cruelty law. That this case dealt with the issue of overloading a horse car is appropriate as it was one of the most visible examples of animal abuse of the time. This case establishes the legal proposition that the conductor and driver of a horse car will be liable for violations of the law regardless of company policy or orders.Discussed in Favre, History of Cruelty
|Westfall v. State||10 S.W.3d 85 (Tex. App. 1999)||
Defendant convicted of cruelty for intentionally or knowingly torturing his cattle by failing to provide necessary food or care, causing them to die. Defendant lacked standing to challenge warrantless search of property because he had no expectation of privacy under open fields doctrine.
|People v. Baniqued||101 Cal.Rptr.2d 835 (Cal.App.3 Dist.,2000).||
Defendant appealed from a judgment of the Superior Court of Sacramento County, California, ordering their conviction for cockfighting in violations of animal cruelty statutes. The court held that roosters and other birds fall within the statutory definition of "every dumb creature" and thus qualify as an "animal" for purposes of the animal cruelty statutes.
|Town of Bethlehem v. Acker||102 A.3d 107 (Conn. App. 2014)||Plaintiffs seized approximately 65 dogs from the Society for the Prevention of Cruelty to Animals of Connecticut pursuant to a search and seizure warrant that had been issued on facts showing that the dogs, which were being kept in an uninsulated barn with an average temperature of 30 degrees Fahrenheit, were neglected, in violation of General Statutes § 22–329a. The trial court found that the smaller breed dogs were neglected, but found that larger breed dogs were not. On an appeal by plaintiffs and a cross appeal by defendants, the appeals court found: (1) the trial court applied the correct legal standards and properly determined that the smaller breed dogs were neglected and that the larger breed dogs were not neglected, even though all dogs were kept in a barn with an average temperature of 30 degrees Fahrenheit; (2) § 22–329a was not unconstitutionally vague because a person of ordinary intelligence would know that keeping smaller breed dogs in an uninsulated space with an interior temperature of approximately 30 degrees Fahrenheit would constitute neglect; (3) the trial court did not err in declining to admit the rebuttal testimony offered by the defendants; and (4) the trial court did not err in granting the plaintiffs' request for injunctive relief and properly transferred ownership of the smaller breed dogs to the town. The appellate court, however, reversed the judgment of the trial court only with respect to its dispositional order, which directed the parties to determine among themselves which dogs were smaller breed dogs and which dogs were larger breed dogs, and remanded the case for further proceedings, consistent with this opinion.|
|People v. Youngblood||109 Cal.Rptr.2d 776 (2001)||Defendant was convicted of animal cruelty for keeping 92 cats in a single trailer, allowing less than one square foot of space for each cat. The court found that the conviction could be sustained upon proof that defendant either deprived animals of necessary sustenance, drink, or shelter, or subjected them to needless suffering. Further, the court found that the defense of necessity (she was keeping the cats to save them from euthanasia at animal control) was not available under circumstances of case.|
|State v. McDonald||110 P.3d 149 (Ut. 2005)||
A woman was convicted of fifty-eight counts of animal cruelty after animal control officers found fifty-eight diseased cats in her trailer. The trial court sentenced the woman to ninety days of jail time for each count, but revised the sentence to include two days of jail time, two years of formal probation, and twelve and a half years of informal probation. The Court of Appeals affirmed the conviction, but found that fourteen and a half years probation exceeded the court's statutory authority.
|People v. Lohnes||112 A.D.3d 1148, 976 N.Y.S.2d 719 (N.Y. App. Div., 2013)||
After breaking into a barn and stabbing a horse to death, the defendant plead guilty to charges of aggravated cruelty to animals; burglary in the third degree; criminal mischief in the second degree; and overdriving, torturing and injuring animals. On appeal, the court found a horse could be considered a companion animal within New York's aggravated cruelty statute if the horse was not a farm animal raised for commercial or subsistence purposes and the horse was normally maintained in or near the household of the owner or the person who cared for it. The appeals court also vacated and remitted the sentence imposed on the aggravated cruelty charge because the defendant was entitled to know that the prison term was not the only consequence of entering a plea.
|People v. Sanchez||114 Cal. Rptr. 2d 437 (Cal. App. 2001)||
Defendant on appeal challenges six counts of animal cruelty. The court affirmed five counts which were based on a continuing course of conduct and reversed one count that was based upon evidence of two discrete criminal events.
|Mitchell v. State||118 So.3d 295 (Fla. Dist. Ct. App. 2013)||
The defendant in this case was convicted of animal cruelty for injuries his dog sustained after his dog bit him. Upon appeal, the court found that the prosecutor had erred by framing the argument in a manner that improperly shifted the burden of proof from whether the defendant had intentionally and maliciously inflicted injuries on the dog to whether the State's witnesses were lying. Since the court found this shift in burden was not harmless, the court reversed and remanded the defendant's conviction.
|People v. Minney||119 N.W. 918 (Mich. 1909)||
Defendant was convicted of mutilating the horse of another. He argued on appeal that the trial court's jury instructions, which read that malice toward the owner of the horse was not necessary, were incorrect. The court agreed and found that although the general malice of the law of crime is sufficient to support the offense, the trial court must instruct that malice is an essential element of the offense.
|People v. Brunette||124 Cal.Rptr.3d 521 (Cal.App. 6 Dist.)||
Defendant was convicted of animal cruelty, and was ordered to pay restitution to the Animal Services Authority (“Authority”) that cared for the dogs. The appellate court held that the imposition of an interest charge on the restitution award was not authorized by the statutes. It also held that the Authority was an indirect victim, and was not entitled to direct victim restitution. The Court held that the trial court had discretion to decline to apply comparative fault principles to apportion defendant's liability for restitution and also acted within its discretion in declining to apply an offset for adoption fees the Authority might have collected against the restitution award.
|Lawson v. Pennsylvania SPCA||124 F. Supp. 3d 394 (E.D. Pa. 2015)||Upon an investigation of numerous complaints, the Pennsylvania Society for the Prevention of Cruelty obtained a warrant and searched plaintiffs’ house. As a result, plaintiffs were charged with over a hundred counts that were later withdrawn. Plaintiffs then filed the present case, asserting violations of their federal constitutional rights, as well as various state-law tort claims. Defendants moved for summary judgment, claiming qualified immunity. The district court granted the motion in part as to: (1) false arrest/false imprisonment, malicious prosecution of one plaintiff and as to 134 of the charges against another plaintiff, negligent and intentional infliction of emotional distress, defamation, and invasion of privacy; and (2) to the following claims in Count One: verbal abuse, security of person and property, false arrest/false imprisonment, due process and equal protection, and failure to train or discipline as the result of a policy or custom. The District Court denied the motion with respect to (1) the following claim in Count One: unreasonable search and seizure and the individual defendants' request for qualified immunity in connection with that claim; and (2) with respect to one plaintiff's malicious prosecution claim, but only to the charge relating to the puppy's facial injuries.|
|U.S. v. Stevens||130 S.Ct. 1577 (2010)||
Defendant was convicted of violating statute prohibiting the commercial creation, sale, or possession of depictions of animal cruelty. The Supreme Court held that the statute was unconstitutional for being substantially overbroad: it did not require the depicted conduct to be cruel, extended to depictions of conduct that were only illegal in the State in which the creation, sale, or possession occurred, and because the exceptions clause did not substantially narrow the statute's reach. (2011 note: 18 U.S.C. § 48 was amended following this ruling in late 2010).
|People v. Tessmer||137 N.W. 214 (Mich. 1912)||
Defendant was convicted of wilfully and maliciously killing the horse of another. Defendant argued that the evidence was insufficient to support the conviction because there was no proof of malice toward the owner of the horse. The court held that the general malice of the law of crime was sufficient to support the conviction.
|North Carolina v. Nance||149 N.C. App. 734 (2002)||
The appellate court held that the trial court erred in denying the motion to suppress the evidence seized by animal control officers without a warrant. Several days passed between when the officers first came upon the horses and when they were seized. The officers could have obtained a warrant in those days; thus, no exigent circumstances were present.
|Cat Champion Corp. v. Jean Marie Primrose||149 P.3d 1276 (Or. Ct. App. 2006)||
A woman had 11 cats which were in a state of neglect and were taken away from her and put with a cat protection agency. Criminal charges were dropped against the woman when it was found she was mentally ill and incapable of taking care of herself or her cats. The court found it could grant the cat protection agency ownership over the cats so they could be put up for adoption, even though the woman had not been criminal charged, and had not forfeited her cats.
|Broadway, &c., Stage Company v. The American Society for the Prevention of Cruelty to Animals||15 Abbott 51 (1873)||
Part I is the initial civil case which was brought by the commercial powers of New York to stop Bergh from enforcing the criminal anti-cruelty law. The judge suggests the scope of the law and what Bergh must do to utilize the law. Part II is a second case brought several months latter when the corporate legal guns again try to get Bergh. This time for violating the judges prior opinion. Part III is the claim of one of the stage operators who Bergh personally asserted for overworking a horse. The claim against Bergh is for false arrest. The Judge holds against the stage driver, freeing Bergh. Discussed in Favre, History of Cruelty
|People v. Williams||15 Cal. App. 5th 111 (Cal. Ct. App. 2017), reh'g denied (Sept. 20, 2017)||In this case, defendants were convicted of felony dog fighting and felony animal cruelty. On appeal, defendants sought to suppress evidence and to quash and traverse the search warrant that led to their convictions. Police officers responding to a report of a thin, loose, horse near the defendants' home entered the property in order to make reasonable attempts to secure the loose horse and determine if there was a suitable corral on the property. The officers knew there had been prior calls to the property in response to reported concerns about the conditions of horses and pit bulls on the property. Further, one officer heard puppies barking inside the home when she knocked on the door trying to contact defendants, and another officer heard a dog whining from inside the garage. There were strong odors of excessive fecal matter reasonably associated with unhealthful housing conditions. Under those circumstances, it was reasonable for the officers to be concerned there was a dog in distress inside the garage and possibly in need of immediate aid, and the court found there was nothing unreasonable about one officer standing on the front driveway and simply looking through the broken window in the garage door to determine whether the dog he heard making a whining bark was in genuine distress. Nor was it unreasonable for the officers to then proceed to the back yard after having looked in the garage. As a result, the court ruled that the information the officers had justified the issuance of the search warrant, and thus the order denying the motion to suppress evidence and to quash and traverse the warrant was affirmed. The defendants' judgments of conviction were also affirmed.|