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Title Citation Alternate Citation Summary Type
IA - Lost Property - Chapter 556F. Lost Property I. C. A. § 556F.1 - 18 IA ST § 556F.1 - 18 This section comprises Iowa's Lost Property Act. The lost property provisions and procedures cover "any lost goods, money, bank notes, or other things of any description whatever, of the value of five dollars and over." Statute
Hawaii v. Kaneakua 597 P.2d 590 (Haw. 1979)

Defendants stipulated that they were involved in cockfights and were prosecuted for numerous violations of § 1109(1)(d), part of Hawaii's cruelty to animals statute.  The reviewing court found that the statute was not vague, and was sufficiently definite to satisfy due process with regard to the charge against defendants; nor was the statute overly broad as applied to defendants.

Case
CA - Horse slaughter - § 597o. Humane transportation of equine to slaughter; vehicle requirements; West's Ann. Cal. Penal Code § 597o CA PENAL § 597o This statute outlines the requirements for transporting equine to slaughter, including, but limited to, proper ventilation, sufficient space for equine to stand, and the use of ramps and floors with nonskid surfaces. Statute
Center for Biological Diversity v. Badgley 335 F.3d 1097 (C.A.9 (Or.),2003) 33 Envtl. L. Rep. 20,244, 3 Cal. Daily Op. Serv. 6393, 2003 Daily Journal D.A.R. 8066

The Center for Biological Diversity and eighteen other nonprofit organizations appealed the district court's summary judgment in favor of the United States Fish and Wildlife Service.  The Center claimed the Secretary of the Interior violated the Endangered Species Act by making an erroneous, arbitrary, and capricious determination that listing the Northern Goshawk (a short-winged, long-tailed hawk that lives in forested regions of higher latitude in the northern hemisphere and is often considered an indicator species) in the contiguous United States west of the 100th meridian as a threatened or endangered species was not warranted.  In the absence of evidence that the goshawk is endangered or likely to become endangered in the foreseeable future, the court found the FWS's decision was not arbitrary or capricious and affirmed the summary disposition.

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Ecuador - Environmental - Organic Procedural Code Ley 0 Registro Oficial Suplemento 506 de 22-may, 2015 Ecuador's COGEP This excerpt is from Ecuador's General Procedural. It contains provisions concerning the representation of nature. These provisions state that any person may file a lawsuit claiming damages on behalf of nature. More specifically, under the articles in Chapter II, nature can be legally represented by any person, entity, collectivity, or by the ombudsperson, who may also act on their initiative. Article 30 establishes who can be a plaintiff and a defendant. Nature is within the definition of these parties. Statute
Smith v. State 491 S.W.3d 864 (Tex. App. 2016), petition for discretionary review refused (Aug. 24, 2016) 2016 WL 1444143, 14-15-00037-CR, 2016 WL 1444143, (Tex. App.--Hous. [14th Dist.] Apr. 12, 2016) Defendant Jonas Smith was convicted of aggravated assault and appealed. He argued that the trial court (1) erred by denying his motion to suppress his warrantless arrest; (2) abused its discretion by failing to grant a mistrial after the Plaintiff referenced the Defendant’s previous incarceration; and (3) abused its discretion by allowing a child witness to testify with the assistance of a service dog. The Court of Appeal of Texas, Houston (14th Dist.)., held that: 1. The police officer had probable cause to believe that the defendant committed an act of family violence, which justified his warrantless arrest; 2. any prejudice resulting from the Plaintiff’s reference to Defendant's prior incarceration was cured by prompt jury instruction to disregard reference; 3. allowing the child witness to testify with the assistance of a service dog was not likely to prejudice the jury in evaluating the child's testimony; and 4.any error in allowing the witness to testify with the assistance of a service dog was harmless. The Court of Appeals reasoned that the defendant did not present any argument during the trial about the jury being prejudiced by the presence of the service dog. Therefore, there was nothing present for review at the appellate level. Also, the Defendant did not identify any harm from the use of a service dog. The Defendant’s conviction was affirmed. Case
US - AWA - 2008 Public Law 110-246 2008 PL 110-246 122 Stat 1651 The Food, Conservation, and Energy Act of 2008, P.L. 110-246 amends the Animal Welfare Act by strengthening penalties related to animal fighting, including an increase in imprisonment. The 2008 bill also contained language prohibiting imports for resale of dogs unless they are at least six months of age, in good health, and have all necessary vaccinations, with some exemptions defined. Finally, fines for violations of the Animal Welfare Act increased from $2500 to $10,000 per violation, per animal, per day. Statute
US - Importation - CHAPTER 3. ANIMALS, BIRDS, FISH, AND PLANTS 18 USCS § 42 Under this federal law, no importation of certain listed animals is permitted. Whoever violates this section, or any regulation issued pursuant thereto, shall be fined under this title or imprisoned not more than six months, or both. Statute
U.S. v. Heuer 749 F.Supp. 1541 (D. Mont. 1989)

Following his conviction for a violation of the Lacey Act, 16 U.S.C. § 3371, et seq., Defendant Heuer moved for a new trial.  Where defendant, who obtained guiding and license for hunting elk, engaged in conduct that involved purchase of elk, it was not necessary for government to prove such services occurred in interstate commerce for purposes of Lacey Act conviction.

Case
AL - Wildlife - § 9-2-13. Commissioner of Conservation and Natural Resources -- Authority to prohibit importation of birds, anim Ala. Code 1975 § 9-2-13 AL ST § 9-2-13 This Alabama law provides that the Commissioner of Conservation and Natural Resources may, by regulation, prohibit the importation of any animal when such importation is not in the best interest of the state. However, this does not apply to those animals used for display purposes at circuses, carnivals, zoos, and other shows or exhibits. Importing a prohibited animal into the state is a Class C misdemeanor with a fine of $1,000 - 5,000, or jail for 30 days, or both. Statute

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