Results
| Title | Citation | Alternate Citation | Summary | Type | |||||||
|---|---|---|---|---|---|---|---|---|---|---|---|
| State v. Gerberding | 767 S.E.2d 334 (N.C. Ct. App. 2014) | 2014 WL 6907352 (N.C. Ct. App. 2014) | After stabbing and slicing a dog to death, defendant was indicted for felonious cruelty to animals and conspiracy to commit felonious cruelty to animals. She was tried and found guilty of both counts before a jury. The trial court sentenced defendant to a term of 5 to 15 months for the felonious cruelty to animal conviction, and 4 to 14 months for the conspiracy conviction with both sentences suspended for a term of 18 months probation. Defendant appealed on the basis that the trial court erred on its instructions to the jury. After careful consideration, the North Carolina Court of Appeals held that the trial court properly instructed the jury according to the North Carolina pattern jury instructions. Further, the trial court responded appropriately to the question posed by the jury regarding the jury instructions. Accordingly, the appeals court held that the defendant received a fair, error-free trial. Judge Ervin concurs in part and concurs in result in part by separate opinion. | Case | |||||||
| AU - Conservation and Land Management Act 1984 (WA) | Conservation and Land Management Act 1984 |
An Act to make better provision for the use, protection and management of certain public lands and waters and the flora and fauna thereof, to establish authorities to be responsible therefor, and for incidental or connected purposes. |
Statute | ||||||||
| OK - Dog - Consolidated Dog Laws | 11 Okl.St.Ann. § 22-115.1; 21 Okl.St.Ann. § 649.1 - 649.3; 21 Okl. St. Ann. § 1717 - 1718; 4 Okl.St.Ann. § 41 - 47; 391 - 402; 499 - 499.10; 501 - 602; 29 Okl. St. Ann. § 7-304; 70 Okl.St.Ann. § 5-117.6 | These statutes comprise Oklahoma's dog laws. Among the provisions include dog control laws, sterilization provisions for adopted animals, and the use of unclaimed animals in scientific research or experimentation. | Statute | ||||||||
| IA - Sioux City - Breed - Chapter 7.10 PIT BULLS PROHIBITED | SIOUX CITY, IA., MUNICIPAL CODE, §§ 7.10.010 - 7.10.050 (2009) |
The City of Sioux City, Iowa makes it unlawful to own, transport, or sell any pit bull, with exceptions. Pit bulls currently and continuously registered, licensed, properly confined and cared for are exempt from the ban, but a failure to maintain its status immediately removes its exemption. The poundmaster is authorized to immediately impound any pit bull that does not fall within one of the exceptions and is mandated to destroy the pit bull within ten calendar days. |
Local Ordinance | ||||||||
| MO - Breeding - Proposition B | 2010 Proposition B |
The official ballot title asks voters if Missouri law be amended to (1) require large-scale dog breeding operations to provide each dog under their care with sufficient food, clean water, housing and space; necessary veterinary care; regular exercise and adequate rest between breeding cycles; (2) prohibit any breeder from having more than 50 breeding dogs for the purpose of selling their puppies as pets; and (3) create a misdemeanor crime of “puppy mill cruelty” for any violations. |
Statute | ||||||||
| Indiana v. Massachusetts | 202 L. Ed. 2d 564, 139 S. Ct. 859 (2019) | 139 S.Ct. 859 (Mem) (U.S.,2019) | A coalition of multiple states filed a lawsuit against Massachusetts in the U.S. Supreme Court. Thirteen states, Indiana, Alabama, Arkansas, Louisiana, Missouri, Nebraska, North Dakota, Oklahoma, South Carolina, Texas, Utah, West Virginia, and Wisconsin, filed suit against the state of Massachusetts in response to the animal welfare laws created by Massachusetts Question 3. The states claimed to have direct standing to challenge the Massachusetts law because state agencies and instrumentalities own and operate farms that are subject to the Massachusetts law and wish to continue to sell products to other states, including Massachusetts. The states also claimed parens patriae standing on behalf of farmers and consumers within their borders that would be affected by the Massachusetts law. The plaintiff states filed suit in the U.S. Supreme Court requesting that the Court declare the Massachusetts law unconstitutional. The Court denied the motion for leave to file a bill of complaint because hearing the case would not be an appropriate use of the Court’s original jurisdiction. The Court stated that, in order to resolve plaintiff’s challenge and address the issues of standing and the merits of the case, the Court would need to resolve complex factual disputes. The Court reasoned that such disputes are better suited to resolution in federal district court, not the U.S. Supreme Court. | Case | |||||||
| In re: PATRICK D. HOCTOR | 54 Agric. Dec. 114 (1995) | 1995 WL 321500 (U.S.D.A.) |
Sanction in each case is to be determined by examining nature of violations in relation to remedial purposes of regulatory statute involved, along with all relevant circumstances, giving appropriate weight to recommendations of administrative officials having responsibility for achieving congressional purpose. |
Case | |||||||
| Derecho Animal Volume 12 Núm 2 |
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Policy | |||||||||
| IL - Exotic pets - Act 68. Herptiles-Herps Act | 510 ILCS 68/1-1 to 510 ILCS 68/110–5 | IL ST CH 510 § 68/1-1 to IL ST CH 510 § 68/110–5 | Under the Herptiles-Herps Act reptiles and amphibians are exempt from the definition of “aquatic life” under the Fish and Aquatic Life Code. All rules and enforcement actions under the Illinois Conservation Law and the dangerous animals statutes related to reptiles and amphibians are now covered exclusively by this Act. | Statute | |||||||
| People of the State of New York v. Mary Dawn Sitors | This action is an appeal from dismissal of criminal charges against a woman accused of acts of cruelty on her horses. The Town Court dismissed the criminal charges, finding that since the Catskill Animal Sanctuary's petition seeking the posting of security to care for the horses was dismissed (which had a lower standard of proof than in a criminal action), this necessarily meant it would be impossible to obtain a criminal conviction under the higher standard. Essentially, the Town Court's decision reflected a determination that one cannot violate New York's state cruelty law unless the animal dies due to lack of sustenance or care. The County Court found this reasoning erroneous; a violation under the law occurs when one fails to provide necessary sustenance, not only those acts or omissions that result in an animal's death. The criminal actions were thus, reinstated against defendant. | Pleading |