United States

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Titlesort descending Summary
Silver v. State


Defendants were sentenced by the District Court after pleading guilty to one count of animal cruelty. After defendants were convicted in the Circuit Court, they petitioned for a writ of certiorari. The Court of Appeals held that the Circuit Court could order that defendants pay restitution for the euthanasia cost for the deceased horse, but it was beyond the court’s authority to order defendants pay restitution for costs of caring for the two surviving horses because defendants had not been convicted in those cases. The court also held that the trial court did not abuse its discretion in refusing to strike officer's testimony for prosecutor's failure to provide the officer's written report prior to trial. Finally, photos and testimony regarding the surviving horses were “crime scene” evidence and not inadmissible “other crimes” evidence because the neglect of the surviving horses was part of the same criminal episode.
Silver v. United States



Appellants were each convicted of cruelty to animals, in violation of

D.C. Code Ann. §

 

22-801

(1996), and of engaging in animal fighting, in violation of §

 

22-810. On appeal, both appellants contended that the evidence was insufficient to support convictions of animal cruelty, and of animal fighting. The appellate court found that the proof was sufficient. Each appellant also contended that his convictions merged because animal cruelty was a lesser-included offense of animal fighting. The appellate court found that each crime required proof of an element that the other did not. Appellants' convictions did not merge.
Simons v. State In this case, defendant was convicted of a Class C felony of cruelty to a dog or cat and was sentenced to twenty years in prison (the conviction stems from the beating a kitten to death with his bare fists). The lower court applied the Habitual Felony Offender Act (HFOA) which allowed the court to sentence defendant beyond the maximum penalty (defendant had 16 prior felony convictions). Defendant appealed his sentence, arguing that HFOA did not apply to his Class C felony of cruelty to a dog or cat. Ultimately, the court held that HFOA did not apply to the Class C felony here. The court maintained that the animal cruelty statue was plainly written and explicitly stated that a first degree conviction of animal cruelty would not be considered a felony under HFOA. As a result, defendant's conviction was upheld but remanded for new sentencing.
Simpson v. Department of Fish and Wildlife


Game ranch owners sought a declaratory ruling from the Department of Fish and Wildlife (DFW) as to whether their animals were property of the state. DFW ruled that the state had only a regulatory interest in the game animals. The Court of Appeals affirmed, holding that the State's property interest in the animals was not proprietary or possessory. The State's interest was regulatory, based on a state statute and a regulation adopted by the State Fish and Wildlife Commission. It also  held that the State's interest in wild game is that of a sovereign.
Sinclair v. Okata


Defendants are able to present a genuine question of fact regarding whether they were on notice of their dog's vicious propensity given their characterization of the four prior biting incidents as "behavioral responses common to all dogs."  Defendants' expert concluded that each time, Anchor's responses were "natural" or instinctive.  Plaintiffs offer no evidence, through expert testimony or otherwise, to refute the opinion of defendants' expert. 
SIRMANS v. THE STATE


Criminal defendant was convicted of four counts of animal cruelty and one count of simple assault. The motion to suppress was properly denied, because the search was authorized under the "plain view" doctrine and any objections regarding photographs were subsequently waived when they were tendered into evidence without objection. The trial court did not have authority to deprive defendant of animals which the State failed to demonstrate were neglected or abused, because such animals were not contraband or evidence of a crime.
Sixth Angel Shepherd Rescue Inc. v. Pennsylvania SPCA


Plaintiff dog rescue received a shipment of dogs from a North Carolina animal shelter. Joseph Loughlin, a warden from the Pennsylvania Dog Law Enforcement Bureau, and officials from the Pennsylvania SPCA (“PSPCA”) seized the dogs. Plaintiff filed suit seeking a court order for the return of the dogs. Loughlin mailed to Plaintiff’s counsel a citation for violating the Pennsylvania Dog Law. Plaintiff filed this action, alleging malicious prosecution, abuse of process, a claim that both §§ 459-209(b) and 459-603(c) are unconstitutional, and damages for defamation and “derogatory publication.” The court dismissed all claims except for those relating to the Pennsylvania Dog Law, The court held that the as-applied dormant Commerce Clause challenges to §§ 459-209(b) and 459-603(c) were not ripe and moot, respectively. The First Amendment challenge to § 459-603(c) failed because the statute was not unconstitutionally vague.
Sixth Angel Shepherd Rescue, Inc v. Bengal


Sixth Angel Shepherd Rescue rescued three dogs from North Carolina and had them delivered to Pennsylvania. The Pennsylvania Bureau of Dog Law Enforcement seized them and turned them over to Appellants PSPCA. The District Court ordered Appellants to return the dogs to Sixth Angel based on a state law conversion claim. The motion was affirmed because PSPCA deprived Sixth Angel of its unique property. Returning the dogs to their owner served the public interest by settling property rights and allowing Sixth Angel to fulfill its mission of finding homes for the dogs.
SLAMMING SHUT THE ARK DOORS: CONGRESS'S ATTACK ON THE LISTING PROCESS OF THE ENDANGERED SPECIES ACT
Slavin v. United States


An Arkansas woman who raises gamefowl brought an action challenging the constitutionality of the Animal Welfare Act which prohibits the interstate transportation of birds for the purposes of fighting.  The trial court dismissed the woman's claim and the Court of Appeals affirmed holding the statute is not vague.

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