United States

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Titlesort ascending Summary
State v. Scott
The appellant pled guilty to one count of animal fighting, one count of cruelty to animals, and one count of keeping unvaccinated dogs, and asked for probation. The trial court denied the appellants request for probation and sentenced him to incarceration. The appellant challenged the trial court's ruling, and

the appellate court affirmed the trial court's decision to deny probation, stating that the heinous nature of the crimes warranted incarceration.
State v. Schuler (Unpublished)


This Minnesota lawsuit arose from the enforcement of a Little Canada ordinance prohibiting the keeping of more than three adult dogs in any residential dwelling within the city's residentially zoned districts.  In reviewing a challenge to the law, the court first noted that a city's police power allows it both to regulate the keeping of animals, and to define nuisances and provide for their abatement.  Further, municipal ordinances are presumptively constitutional and the burden rests on the party challenging it.  Here, Schuler failed to offer evidence that regulating the number of dogs per household was unrelated to controlling the problems of dog noise and odor as they affect the health and general welfare of the community.
State v. Schuler 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.
State v. Saurman


The court reaffirmed the tenet that it is a proper exercise of state police power to adopt measures to protect wild animals as a resource for all citizens.  In doing so, the court held that it was a proper exercise of police power for the legislature of Ohio to enact a wild animal "shining" prohibition.  Appellants challenged the law as unconstitutional because it ostensibly outlawed otherwise innocent conduct, as an individual can shine for wild animals without the purpose of hunting those animals.  The court disagreed, finding that the statute's purpose was to counteract the problems related to enforcement, since it was difficult to ascertain which individuals shining from vehicles also carried hunting implements. 
State v. Roche


The defendants were convicted and sentenced upon an information under section 1609, Revised Statutes of 1879, charging them with unlawfully, wilfully and cruelly overdriving a horse, and thereupon prosecute this appeal. The court held that the evidence that a horse was overdriven does not warrant a conviction under Revised Statutes, 1879, section 1609, in the absence of proof, that the overdriving was wilful and not accidental. Thus, the court reversed the lower court.
State v. Reyes Defendant, Jose Reyes, was convicted of one count of rape of a child and sentenced to thirty-two years at 100%. On appeal, defendant argued that the evidence was insufficient to sustain the verdict and that the trial court erred in denying his motion in limine to prevent the Child Advocacy Center facility dog from being present with the victim as he was testifying. The appellate court reviewed prior relevant cases including Dye, Chenault, and Tohom, and stated that “we cannot conclude that the trial court abused its discretion in permitting the use of the facility dog, Murch, during the trial.” The attempt to assign error to the procedure was determined to be “without merit.” Other defense arguments on appeal having been similarly rejected, the appellate court affirmed the judgment of the trial court.
State v. Reber


In this Utah case, the State sought review of the court of appeals' decision vacating the convictions of defendants. Reber was convicted of aiding or assisting in the wanton destruction of protected wildlife in violation of state law for killing a mule deer without a license or permit. On appeal, defendant contended that the state had no jurisdiction because he was an Indian hunting in Indian country. However, the court held that the State has jurisdiction over these defendants because the State has jurisdiction over crimes committed in Indian country when a non-Indian commits a victimless crime. Defendants are not Indians, as that term has been defined by federal law, and the crimes in these cases were victimless.
State v. Pless


In this Georgia case, the defendant was convicted by a jury in the trial court of two counts of failure to keep an animal under restraint and one count of allowing an animal to become a public nuisance. Defendant appealed, challenging the sufficiency of the evidence. The appellate court found that the evidence showed that in the months prior to the July 14 and August 1 incidents, Pless's dogs were repeatedly found loose in neighbors' yards and garages. Accordingly, evidence supported the conviction on the charge of allowing an animal to become a public nuisance under § 3-4-7(5). ("Public nuisance" is defined, among other things, as any animal which "[i]s found repeatedly at large."). On certiorari review, the Georgia Supreme Court concluded the issue was not properly before the Court of Appeals and there was no authority for the court to address it sua sponte.
State v. Pinard


In this Oregon case, Defendant shot his neighbor's dog with a razor-bladed hunting arrow. The neighbor euthanized the dog after determining that the dog would not survive the trip to the veterinarian. Defendant was convicted of one count of aggravated first-degree animal abuse under ORS 167.322 (Count 1) and two counts of first-degree animal abuse under ORS 167.320 (Counts 3 and 4). On appeal, Defendant contends that he was entitled to acquittal on Counts 1 and 4 because there was no evidence that the dog would have survived the wound. The court here disagreed, finding "ample evidence" from which a trier of fact could have found that the arrow fatally wounded the dog. As to Defendant's other issues the the merging of the various counts, the accepted one argument that Counts 3 and 4 should have merged, and reversed and remanded for entry of a single conviction for first-degree animal abuse.
State v. Pierce


The Defendant was charge with cruelty to animals for the killing of a certain spotted bull, belonging some person to the jurors unknow.  The lower court found the Defendant guilty.  The Defendant then appealed to the Supreme Court seeking review of whether the defense of provocation could be used.  The Court determined the answer to be yes. Thus the Court reversed and remanded the case.

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