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State v. Siliski Slip Copy, 2006 WL 1931814 (Tenn.Crim.App.)

In this Tennessee case, the defendant, Jennifer Siliski, was convicted of nine counts of misdemeanor animal cruelty. Williamson County Animal Control took custody of over two hundred animals forfeited by the defendant as a result of her criminal charges and convictions. Third parties claiming ownership of some of the animals appeared before the trial court and asked for the return of their animals. This appeal arises from third parties claiming that they were denied due process by the manner in which the trial court conducted the hearing regarding ownership of the animals and that the trial court erred in denying their property claims. The appellate court concluded that the trial court did not have jurisdiction in the criminal case to dispose of the claims, and reversed the judgment.

Case
State v. Siliski 238 S.W.3d 338 (Tenn.Crim.App., 2007) 2007 WL 1425479 (Tenn.Crim.App.)

The defendant operated a dog breeding business, “Hollybelle's Maltese,” in which she bred purebred Maltese dogs in her Franklin home, advertised the resulting puppies on an Internet website, and shipped the puppies to buyers located around the country. She was convicted by a Williamson County Circuit Court jury of eleven counts of animal cruelty. The main issue on appeal concerned the imposition of sentence, which included both consecutive terms of probation and a permanently prohibition from engaging in any commercial activity involving animals. The appellate court affirmed the defendant's convictions but concluded that the trial court erred by ordering consecutive periods of probation in conjunction with concurrent sentences. However, the court found that  the trial court's permanent prohibition against her buying, selling, breeding, or engaging in any commercial activity involving animals  was authorized by the animal cruelty statute. As the court stated, "Given this proof and the court's findings, we cannot conclude that the trial court erred in ordering that the defendant be permanently barred from engaging in commercial activity with respect to dogs."

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State v. Warren 439 P.3d 357 (Mt. 2019) 2019 MT 49; 395 Mont. 15; 2019 WL 926113 (Mt. 2019) Cathie Iris Warren was convicted of three felony counts of aggravated animal cruelty, five felony counts of aggravated cruelty, and a misdemeanor cruelty to animals count. Warren appealed contending that the district court erred by denying Warren’s motion to suppress evidence obtained in a warrantless search of her commercial kennel property, denying Warren’s Baston challenge, and in imposing costs to be reimbursed by Warren under Montana law. Cathie Iris Warren operated a kennel on her residential property in Libby, Montana. Warren obtained her initial license to operate her business in 2013. In 2016 it was discovered that Warren was operating her kennel despite the fact that her business license had expired in October of 2015. In order to obtain a new license, Warren needed to have an inspection of her property. Warren ended up having three separate inspections of her property. After each inspection, Warren had failed to meet the requirements. The members of the Health Department who were involved in the inspections became concerned that the animals were not being adequately cared for and were not of good health. Warren could not provide appropriate vaccination records for all of her animals. A search warrant was executed on Warren’s property on August 2, 2016. Warren’s animals were seized the same day. Warren moved to suppress the evidence that was obtained arguing that a warrant was required for each inspection that had been conducted on her property. The court concluded that there was no search because Warren did not have an expectation of privacy in her commercial kennel operation that society would consider objectively reasonable. The trial court convicted Warren and found that Warren owed statutorily-imposed costs, including veterinary care, food and supplies, excess hours worked by county employees, and travel costs as well as the shelter’s lost revenue. Warren appealed her conviction and sentence. The Supreme Court of Montana found that Warren treated parts of her home as part of her kennel, therefore, those areas of her home that were searched were considered commercial property which is subject to a less significant expectation of privacy. The Court concluded that the administrative inspection fell within the applicable warrant exception, was reasonable, and did not require a search warrant. Warren also challenged the State’s peremptory challenge of a minority juror (Baston Challenge). The Court concluded that the District Court reached the right conclusion on the Baston challenge but for the wrong reason. Warren’s third challenge was whether the District Court erred in calculating the statutory costs owed by Warren. The Court found that the costs approved by the District Court were reasonably supported by the evidence. The Court ultimately affirmed the judgment of the District Court. Case
The South African Predator Breeders Association v. The Minister of Environmental Affairs and Tourism South African Predator Breeders Association and Others v Minister of Environmental Affairs and Tourism (1900/2007) [2009] ZAFSHC 68 (11 June 2009) This application is about the validity of regulations designed to regulate the hunting of lions that were bred in captivity. Case
U.S. v. Felts (unpublished) Slip Copy, 2012 WL 124390 (N.D.Iowa)

Defendant kennel operator was found to violate the AWA on multiple occasions when inspected by APHIS representatives. From 2005 to 2009, defendant repeatedly failed inspections where APHIS found that he provided inadequate veterinary care, did not maintain complete records on the dogs, and did not properly maintain the housing facilities for the dogs. The Administrator of APHIS filed and served on Defendant an administrative complaint for violations. Defendant never filed an answer, and so a Default Decision and Order was entered against Defendant. The Plaintiff's Motion for Summary Judgment was granted in part because Defendant failed to file an answer to the administrative complaint, and so was deemed to have admitted the allegations in the complaint.

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Winkler v. Colorado Dept. of Health 564 P.2d 107 (Colo. 1977) 193 Colo. 170 (1977)

In 1974, the Colorado Department of Health adopted certain regulations, the conceded effect of which is to prohibit importation of pets for resale from states whose licensing laws and regulations for commercial pet dealers are not as stringent as those of Colorado. The regulations exempt from this prohibition persons who import pets not for resale and exclusively for breeding purposes or for personal use. After the regulations were upheld by the Denver district court, the plaintiffs, who are commercial pet importers, brought this appeal. The court found these arguments to be unpersuasive and, accordingly, affirmed the judgment of the trial court.

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