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Commonwealth v. Deible This case is an appeal from a judgment convicting appellant of animal cruelty for failure to groom her terrier dog. Appellant has owned the 17-year-old terrier dog since the dog was a puppy. At one point, the dog escaped from appellant’s home and was found by a bystander. This bystander testified that the dog’s fur was heavily matted, with objects stuck in its fur. The bystander took pictures of the dog and contacted a veterinary clinic to shave the dog. The dog was then left at an animal shelter, where a humane police officer examined the dog and found it matted so heavily it could not see, stand, or defecate properly. Appellant testified that the dog was aggressive when she attempted to groom him, and that the dog made itself dirty when it escaped appellant’s home. Appellant also argued that their veterinarian was supposed to groom the dog, but the dog’s veterinary records did not support this. The lower court found that there was sufficient evidence to charge appellant with animal cruelty, and ordered her to pay fines totaling $946.58 and forfeit ownership of the dog. Appellant filed this appeal to challenge the sufficiency of the evidence used to support her conviction of animal cruelty. The court found that there was sufficient evidence to support the cruelty charge, as the statute prohibits “ill-treatment” and the evidence of the condition of the dog supports that it was treated improperly. Appellant also argues that the court’s order for her to forfeit her dog was improper, but the court of appeals disagreed due to the pattern of neglect established by appellant’s history with the dog. Accordingly, the court of appeals affirmed the holding of the lower court.
Commonwealth v. Creighton


In this Pennsylvania case, a cat owner challenged a local ordinance that limited the number of cats she could own at her residence (she owned 25 cats that were rescued "mousers" from factories; the ordinance limited ownership to 5). 

The court noted that the preamble to the ordinance stated that pursuant to the Borough Code and "in the interest of preserving the public health, safety and general welfare of the residents ... [the Borough] desires to limit the number of dogs and cats kept by any one person and/or residence," but did not state what legitimate public health, safety and welfare goals the Borough sought to advance by enacting this ordinance.  Thus, from

the information before the court, it could not say whether the Borough ordinance here was a reasonable means to effectuate a legitimate governmental goal.

 

Commonwealth v. Craven



The issue before the Court in this consolidated appeal was whether the trial court properly determined that 18 Pa.C.S. § 5511(h.1)(6), which criminalizes an individual's attendance at an animal fight "as a spectator," is unconstitutionally vague and overbroad.  Specifically, appellees contended that the statute criminalized "mere presence" at a dog fight.  The Supreme Court disagreed, finding the evidence showed appellees were active spectators at the fight (as seen in the videotape evidence).  The court concluded that the statute is constitutionally sound, thereby reversing the lower court's decision that the statute imposed strict liability on mere presence.

Commonwealth v. Craven


Defendants who were charged with cruelty to animals and criminal conspiracy for their attendance at a dogfight as spectators challenged the constitutionality of the dogfighting statute. The trial court found that the statute was unconstitutionally vague and overbroad. The Supreme Court of Pennsylvania held that since the statute only creates criminal liability for a person's conscious decision to attend a dogfight, it is not unconstitutionally vague or overbroad.

Commonwealth v. Brown


The defendant was convicted of cruelty to animals for the use of acid on some horses' feet.  The defendant appealed the descision because the lower court had found the Commonwealth's circumstantial evidence to be enough to submit the question of quilt to the jury.  The Superior Court found that some of the evidence was improperly admitted by the lower court.  Thus, the Superior Court reversed the judgement.

Commonwealth v. Bishop


David Bishop was convicted of animal cruelty and failing to provide a sanitary environment for his five dogs. He was ordered to pay over $60,000 in order to provide for the medical expenses that his dogs needed after they were taken away from him. While defendant argued that the amount of restitution was excessive, the court found that each of the five dogs had medical bills in excess of $10,000. Defendant was sentenced to three months in a house of corrections, and ten years probation.

Commonwealth v. Baumgartner Appellant Charles Baumgartner was charged and convicted of animal fighting for amusement or gain as a result of an incident that occurred on March 9, 2017. Baumgartner brought his white pit pull named "Menace" to fight a pit bull that belonged to Adam Aviles. Police learned of the dog fight after being informed a video of the fight had been uploaded to social media. Baumgartner was ultimately charged with animal fighting and assaulting Mr. Aviles, but was convicted by jury only of animal fighting. On appeal, Baumgartner contends that his conviction should be set aside because the Commonwealth failed to present any evidence of amusement or gain as required by statute. As a matter of first impression, this Court considered the term "amusement or gain" as an element of the animal fighting, which is undefined in the anti-cruelty laws. The court found that no cases or other jurisdiction defines the term with respect to animal fighting, and thus, under principles of statutory interpretation, relies on the common usage and dictionary definitions. The court found that there was sufficient evidence admitted a trial for the jury to find beyond a reasonable doubt that Baumgartner allowed his dog to engage in animal fighting for amusement or gain, i.e., for “pleasurable diversion” or “advantage acquired or increased.” The Court concluded that Baumgartner facilitated the dog fight as a means of retribution against Aviles for a prior dog fighting incident. Therefore, his motive was personal gain. Accordingly, the Court affirmed Baumgartner’s conviction. Judge Pellegrini dissented stating that she does not believe that retribution is the type of amusement or gain within the meaning of the statute. She interprets the statute as outlawing animal fighting as a sport rather than all animal fights.
Commonwealth v. Austin


Defendant appeals his conviction of harboring a dangerous dog.  The Court affirmed, holding that there was sufficient evidence supporting the conviction, and also holding that serious injuries are not a prerequisite for convicting a defendant for harboring a dangerous animal.

Commonwealth v. Arcelay The appellant Arcelay appeals his conviction for the summary offense of cruelty to animals after he left his two small Yorkie dogs were found inside of his vehicle on an 87 to 90 degree day for approximately two hours at Willow Grove Naval Air Station. The dogs were rescued from the car and survived (law enforcement gave the dogs water and placed them inside an air conditioned building). After receiving a citation for leaving the animals, appellant entered a plea of not guilty and appeared for the Magisterial Judge. He was found guilty and assessed fines and costs of $454.96. At a Summary Appeal de novo hearing, the officers who responded to the scene presented evidence, including testimony on the dogs being in the car for two hours and photographs of the area showing no shade was available. Appellant testified that he was retired from the Reserves and was at the base to set up for a family picnic. During the morning, he indicated that he checked on the dogs every fifteen minutes. Appellant testified that "he believes the public overreacts when they see dogs in a car" and he was upset that someone had gone into his vehicle to remove the dogs. The court ultimately found appellant guilty of the summary offense, but put appellant on a probation for three months in lieu of fines and costs, taking into account Appellant's lack income. On the instant appeal, appellant first questions whether the Court of Common Pleas had jurisdiction to hear this matter since it occurred on a military installation. Appellant also raises whether the evidence was insufficient as a matter of law for the cruelty to animals conviction. As to the jurisdictional argument, the court here found the issuance of the summary citation at the military base was appropriate. The court observed that it is well-settled that military and non-military courts may exercise concurrent subject matter jurisdiction for criminal matters. The court also found that there was sufficient evidence to support appellant's conviction, where his conduct in leaving the dogs in a closed car on a hot, summer day presented an unreasonable risk of harm. The judgment was affirmed.
Committee for Humane Legislation v. Richardson


At issue in this case are the statutory limitations on the authority of the Secretary of Commerce to adopt regulations, pursuant to the MMPA, that provide for the issuance of permits for the "taking" of dolphins incidental to commercial fishing activities.

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