Results
| Title | Citation | Alternate Citation | Summary | Type |
|---|---|---|---|---|
| State v. Overholt | 193 P.3d 1100 (Wash. App. Div. 3,2008) |
Defendant was convicted of several counts of second degree unlawful hunting of big game after a game agent (“agent”) followed vehicle tracks to Defendant’s home upon finding fresh cow elk gut piles, and Defendant showed the agent two cow elk carcasses hanging in Defendant’s shed. On appeal, the Court of Appeals of Washington, Division 3 found that because the agent was in fresh pursuit of criminal activity and did not enter Defendant’s property with the intent to obtain consent to search in order to evade a search warrant, the agent was not obligated to issue Ferrier warnings, and that suppressing the seized carcasses from evidence would not have altered the outcome of the case in light of the substantial evidence obtained prior to seizing the carcasses. |
Case | |
| Schindler v. Mejias | 100 A.D.3d 1315 (N.Y.A.D. 3 Dept., 2012) | 2012 WL 5950370 (N.Y.A.D. 3 Dept.); 955 N.Y.S.2d 252 |
This appeal is an appeal of the denial of defendant's motion for summary judgment in a defamation action. Plaintiff, an attorney, brought an action against Hector L. Mejias Jr., an employee of defendant Ulster County Society for the Prevention of Cruelty to Animals, claiming that Mejias falsely accused him of misrepresenting himself as the Ulster County District Attorney during a sworn deposition. The statement occurred during an incident at the SPCA where Plaintiff-Schindler was trying to pick up a dog owned by his client. The particular issue on appeal is whether the supreme court erred in determining that Mejias's supporting deposition constitutes libel per se. The court found that the alleged act was sufficiently egregious because such a claim would suggest professional misconduct on an attorney's part and invites both disciplinary action and damage to an attorney's professional reputation. Further, defendants failed to meet their burden of showing an absence of malice. The order was affirmed. |
Case |
| Animal Law Index Volume 18, Part 2 |
Animal Law Review Volume 18, Issue 2 (Spring 2012)
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Policy | ||
| RI - Spay/Neuter - Chapter 19. Animal Care. § 4-19-18. Penalties for violations | Gen.Laws 1956, § 4-19-18 | RI ST § 4-19-18 | This Rhode Island statute provides that violations of Sec. 4-19-16, relating to the mandatory spay/neuter agreement from a licensed releasing agency. Violations of the written agreement executed pursuant to § 4-19-16 by an adopting party are punishable by a fine of fifty dollars ($50.00) for the first offense, one hundred fifty dollars ($150) for the second offense and four hundred dollars ($400) for the third and subsequent offenses. Second and subsequent offenses may constitute grounds for seizure and forfeiture of the dog or cat. | Statute |
| NC - Exotic pets - Chapter 153A. Counties. | N.C.G.S.A. § 153A-131; N.C.G.S.A. § 160A-187 | NC ST § 153A-131; NC ST § 160A-187 | These two North Carolina statutes provide that a city or county may by ordinance regulate, restrict, or prohibit the possession or harboring of animals which are dangerous to persons or property. | Statute |
| Com. v. Kneller | 971 A.2d 495 (Pa.Super.,2009) | 2009 WL 215322 (Pa.Super.), 2009 PA Super 18 | Defendant appealed a conviction for criminal conspiracy to commit cruelty to animals after Defendant provided a gun and instructed her boyfriend to shoot and kill their dog after the dog allegedly bit Defendant’s child. The Superior Court of Pennsylvania reversed the conviction, finding the relevant animal cruelty statute to be ambiguous, thus requiring the reversal under the rule of lenity. Concurring and dissenting opinions were filed, in which both agreed that the statute is unambiguous as to whether a dog owner may destroy his or her dog by use of a firearm when that dog has attacked another person, but disagreed as to whether sufficient evidence was offered to show that the dog in fact attacked another person. (See Supreme Court order - Com. v. Kneller, 978 A.2d 716, 2009 WL 5154265 (Pa.,2009)). | Case |
| State v. Cochran | 365 S.W.3d 628 (Mo.App. W.D., 2012) | 2012 WL 1499893 (Mo.App. W.D.) |
Prompted by a phone call to make a return visit to the defendant's house, the Missouri Department of Agriculture and Animal Control were asked, by the defendant, to wait at the door. After waiting by the door for some time, the officers discovered the defendant in the backyard, where she housed at least eleven dogs, trying to remove dog excrement from a pen and trying to remove ice from dog bowls. After further investigation, the defendant was charged with one count of animal abuse and with one count of violating a city ordinance for failure to vaccinate. At the trial, the defendant was convicted on both accounts. On appeal, however, the defendant was found guilty of animal abuse, but was cleared from the ordinance violation. |
Case |
| WI - Domestic Violence - 813.12. Domestic abuse restraining orders and injunctions | Wis. Stat. Ann. § 813.12, 813.122, 813.123 | W. S. A. 813.12, 813.122, 813.123 | These Wisconsin statutes concern restraining orders or injunctions in domestic abuse cases, child abuse cases, and cases filed by "individuals as risk." In each of these laws, there are protections for “household pets,” defined as domestic animals that are not farm animals, as defined in s. 951.01(3), that are kept, owned, or cared for by the petitioner or by a family member or a household member of the petitioner. In both cases of domestic abuse and child abuse, a judge or circuit court commissioner shall issue a temporary restraining order ordering the respondent to refrain from removing, hiding, damaging, harming, or mistreating, or disposing of, a household pet, to allow the petitioner or a family member or household member of the petitioner acting on his or her behalf to retrieve a household pet, or any combination of these remedies requested in the petition. The domestic abuse and child abuse laws then outline the procedures for obtaining an injunction that includes those protections for domestic pets if requirements are met under the laws. In section 813.123, an "individual at risk," may also seek a TRO and injunction that orders the respondent to refrain from removing, hiding, damaging, harming, or mistreating, or disposing of, a household pet and allow the individual at risk or a guardian, guardian ad litem, family member, or household member of the individual at risk acting on his or her behalf to retrieve a household pet. | Statute |
| OH - Equine Liability Act - Chapter 2305. Jurisdiction; Limitation of Actions. Miscellaneous Provisions. | R.C. § 2305.321 | OH ST § 2305.321 | This act stipulates that an equine sponsor, equine activity participant, equine professional, veterinarian, farrier, or any other person is not liable in damages in a tort or other civil action for harm that an equine activity participant allegedly sustains during an equine activity, which resulted from the inherent risks of equine activities. However, there are exceptions to this rule: an equine sponsor, equine activity participant, equine professional, veterinarian, farrier, or any other person will be held liable for injuries of an equine activity participant if he or she displays a willful and wanton or intentional disregard for the safety of the participant and if he or she fails to make reasonable and prudent efforts in ensuring the safety of the participant. In addition, an equine sponsor, equine activity participant, equine professional, veterinarian, farrier, or any other person will also be held liable for the injury of an equine activity participant if he or she is injured on the land or at a facility due to a dangerous latent condition of which was known to the equine sponsor, professional or other person. | Statute |
| MI - Cruelty - Chapter 750. Michigan Penal Code. The Michigan Penal Code. | M.C.L.A. 750.52 (Repealed by P.A.2015, No. 210, § 1(f), Eff. March 14, 2016) | MI ST 750.52 | Note: Repealed by P.A.2015, No. 210, § 1(f), Eff. March 14, 2016. This statute provides that it is the duty of the officials involved in animal cruelty investigations to arrest and prosecute those committing the offenses where there is knowledge or reasonable notice of the acts. The failure or neglect by an officer involved to do so may result in a misdemeanor. | Statute |