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Title Citation Alternate Citation Summary Type
Sentencia T-760, 2007 Sentencia T-760/07 The Plaintiff brought an action of ‘tutela’ (Constitutional mechanism that is preferential and summary created for the purpose of protection of fundamental rights) against Corporación Autónoma Regional de Caldas ‘CORPOCALDAS’, arguing that ‘CORPOCALDAS’ had violated the fundamental rights to health, personal integrity, life and human integrity of the Plaintiff’s wife, who became severely depressed when the Defendant confiscated an amazonian parrot she kept as her pet. The Plaintiff argued that the parrot was the only company the Plaintiff’s wife had for over five years, and that the confiscation of their parrot, was a violation of the Plaintiff's wife's fundamental rights. Furthermore, the Plaintiff argued that his wife was 65 years old, had raised the parrot that was never abused or neglected and who was allowed to move freely as her wings were never trimmed. The Plaintiff sought the the return of the parrot by the environmental authority ‘CORPOCALDAS’ to his wife, as well as the granting of the parrot’s title to her. The Court was able to find that the Plaintiff’s wife’s health was indeed diminished after the confiscation of the bird and the she had to undergo treatment as a result of it. However, the court found that the Plaintiffs were unable to provide evidence tending to prove that they had acquired the animal in a legal manner, as no permit, hunting license, or evidence that the parrot was obtained from a legal breeder were provided. The court determined that CORPOCALDAS did not overstep its responsibilities, as it is its duty to protect the wild fauna of the nation. Touching on the issue of whether the the fundamental rights of the plaintiff had been violated, the court concluded there was not such violation, as the environmental authority’s action was legal, reasonable, necessary and legitimate, and the Plaintiff did not obtained the parrot in accordance with the requirements legally established. In this case, the collective right to a healthy environment prevailed over the personal interest of the Plaintiff. The Constitutional Court affirmed the judgment of the ‘Juzgado Segundo Laboral del Circuito de Manizales’. Case
WI - Lost Property - Chapter 170. Strays and Lost Chattels. W. S. A. 170.01 - 12 WI ST 170.01 - 12 These statutes comprise Wisconsin's lost property provisions. Statute
PA - Humane Slaughter - Slaughter and Processing of Domestic Animals 3 Pa.C.S.A. § 2361 - 2362 PS ST 3 Pa.C.S.A. § 2361 - 2362 These laws comprise Pennsylvania's humane slaughter provisions. The section begins with the enabling statute that grants authority to the relevant state agency. It then declares that humane methods shall be used in the handling of domestic animals for slaughter and in the actual bleeding and slaughter of domestic animals except in the cases of slaughter for ritual purposes or individual (e.g., non-commercial) consumption. The law itself does not proscribe penalties for non-compliance (but such may be listed in departmental regulations). Statute
Larobina v R [2009] NSWDC 79

The appellant appeal against a conviction for animal cruelty sustained in a lower court. After an examination of the elements of the statutory offense, it was found that the charge upon which the conviction was sustained was unknown to law.

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GREEN v. LECKINGTON 236 P.2d 335 (Or. 1951) 192 Or. 601 (Or. 1951)

In this Oregon case, defendant appeals a judgment of $700 in damages obtained against him after he shot plaintiff’s dog. The dog had gone onto to defendant’s property and was chasing his chickens. On appeal, the Supreme Court found that because it was a general verdict, there was no way to determine a basis for the jury’s verdict; specifically, whether erroneous instructions on exemplary damages and the proper measure of damages influenced the verdict. Because the Court had the whole record before it (and in the interest of “harmony between neighbors”), the Court fixed the damages at the true market value of the dog ($250).

Case
United States v. Charette 893 F.3d 1169 (9th Cir., 2018) 2018 WL 3117903, 18 Cal. Daily Op. Serv. 6479 (9th Cir. June 26, 2018) Defendant Charette was convicted by bench trial of taking a grizzly bear behind his home in Montana in violation of the federal Endangered Species Act. On appeal, defendant challenges his conviction on three grounds: (1) there was insufficient evidence to infer that he did not have a permit to take the grizzly bear; (2) his request for a jury trial was improperly denied; and (3) the lower court incorrectly analyzed his self-defense claim under an objective standard as opposed to the correct subjective standard. On appeal here, the court observed that the plain language of the ESA and legislative history makes it clear that permits and exceptions under the ESA are affirmative defenses, and not elements of the crime. In this case, Charette had the burden of proving the existence of a valid permit, which he did not do at trial. The court also quickly dispensed with the Sixth Amendment jury trial issue, finding that the taking of a grizzly bear is a petty offense. As to defendant's last argument on his self-defense claim, this court did find that the trial court erred in applying an objectively reasonable standard. This error was not harmless because it affected defendant's decision to testify as to his subjective belief in the need for self-defense. As a result, this court reversed the district court's decision, vacated defendant's conviction, and remanded the case for further proceedings. Case
Hatfield v. Bd. of Supervisors of Madison Cty. 235 So.3d 18 (Miss. Aug. 10, 2017) 2017 WL 3452426 (Miss. Aug. 10, 2017) This Mississippi Supreme Court decision considers the construction of a zoning ordinance that prohibits the "keeping or raising poultry" in the "R-1 Residential District" of Madison County. The property owner, Hatfield, was found to be violating R-1 by the Madison County Board of Supervisors after county officials found around 60 "ducks, geese and other fowl" on this property. Hatfield appealed this decision to the Circuit Court as arbitrary and capricious based on an unconstitutionally vague ordinance section. The Circuit Court, as the reviewing appellate body for the ordinance violation, found the Board's decision was supported by evidence and not arbitrary or capricious. On appeal by Hatfield, the Supreme Court first observed that there are two districts in appellant's subdivision: Agricultural and Residential. In the Agricultural Districts, breeding, raising, and feeding fowl is an expressly permitted use. Appellant lives the zoned Residential Estate District. While the R-1 zoning allows "livestock" and "grazing livestock" on tracts of land one acre or greater, it does not allow the breeding, raising, and feeding chickens, ducks, or other fowl as a permitted use. Hatfield suggested that grazing/livestock section (Section 601) could be interpreted to include poultry, fowl, and/or birds. However, the Supreme Court found that position unreasonable since the examples listed in the code section are "obviously limited to large, four-legged, hoofed animals." This is further supported by the fact raising fowl is expressly permitted in one district, but not the other. Thus, the Ordinance was sufficiently clear and not manifestly unreasonable. The circuit court's decision was affirmed. Case
UT - Endangered Species - Chapter 20. Enforcement--Violations and Penalties U.C.A. 1953 § 23A-5-309 - 314 UT ST § 23A-5-309 - 314 This Utah statute criminalizes the intentional or reckless abandonment of a carcass or killing of wildlife for pecuniary gain. The statute lists the restitution value of species protected under the code (bald eagles $1,000 and golden eagles $500). Further, the statute proscribes mandatory incarceration for felony convictions (aggregate value of species taken over $500) where the motive of the individual was pecuniary gain. Statute
NY - Eagles - Chapter 43-B. Of the Consolidated Laws. N.Y. Envtl. Conserv. Law § 11-0537 NY ENVIR CONSER § 11-0537 New York makes it illegal to "knowingly or with wanton disregard for the consequences" take, transport, possess, or engage in commerce of bald eagles or their parts without a valid permit. This incorporates the exact language of the federal act. Statute
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.

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