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Title Citation Alternate Citation Agency Citation Summary Type
Stanton v. State 395 S.W.3d 676 (Tenn. 2013) 2013 WL 239099 (Tenn.2013)

The defendant, a self-employed oil distributor, was charged with 16 counts of animal cruelty for intentionally or knowingly failing to provide food and care for his horses. After being denied a petition for pretrial division and a petition for a writ of certiorari, the defendant appealed to the Supreme Court of Tennessee, who granted the defendant permission to appeal, but affirmed the lower court's decision that the assistant district attorney general did not abuse his discretion and that the trial court did not err in denying the defendant's petition for writ of certiorari.

Case
IN - Endangered Species - Chapter 34. Nongame and Endangered Species Conservation I.C. 14-22-34-1 to 21 IN ST 14-22-34-1 to 21 These Indiana statutes set out the definitions related to endangered species and prohibit any form of possession of listed species, including taking, transporting, purchasing or selling except by permit. Listed species may be removed, captured, or destroyed if it is shown by good cause that the species are causing property damage or are a danger to human health. Statute
CO - Hunting - Willful Destruction of Wildlife C. R. S. A. § 33-6-117 CO ST § 33-6-117 Colorado has a unique statute specific to poaching for the purpose of acquiring parts or "trophies" from an animal with the intent of abandoning the carcass, or even soliciting someone else to do so. Taking or hunting big game, eagles, or endangered species with this intent results in a felony. The intent of the law is stated "to protect the wildlife from wanton, ruthless, or wasteful destruction or mutilation for their heads, hides, claws, teeth, antlers, horns, internal organs, or feathers." Statute
Derecho Animal Volume 3 Núm 2

Vol. 3 Núm. 2 (2012)

 

Tabla de contenidos

 

Editorial

 

Audacia, saxa pyramidum

Teresa Giménez-Candela

Policy
MO - Veterinary - 20 CSR 2270-6.011 Rules of Professional Conduct 20 MO ADC 2270-6.011 20 Mo. Code of State Regulations 2270-6.011 Subsection 11 of the Rules of Professional Conduct for veterinarians provides that a licensee shall not reveal confidential, proprietary or privileged facts or data or any other sensitive information contained in a patient's medical records without the prior consent of the client except as otherwise authorized or required by law, regulation, or other order. The subsection specifically states that "[w]hen these situations [of abuse and neglect] cannot be resolved through education, the board considers it the responsibility of the veterinarian to report such cases to the appropriate authorities." Thus, the rule seems to create an ethical responsibility that mandates the reporting of abuse or neglect by veterinarians. Administrative
Salzer v. King Kong Zoo 773 S.E.2d 548 (N.C. Ct. App. July 7, 2015) 242 N.C. App. 120, 2015 WL 4081841 (N.C. Ct. App. July 7, 2015) The Plaintiffs appeal from an order granting dismissal of their complaint for lack of subject matter jurisdiction. In 2014, Plaintiffs filed a civil suit under North Carolina's anti-cruelty "citizen suit" provision, N.C. Gen.Stat. § 19A–1, against King Kong Zoo. Plaintiffs contended that the zoo kept animals in "grossly substandard" conditions. King Kong Zoo is an Animal Welfare Act (“AWA”) licensed exhibitor of wild and domestic animals. The district court granted Defendants' motion to dismiss for lack of subject matter jurisdiction, finding that the applicable law here is the AWA and “N.C. Gen.Stat. § 19A–1 ... has no application to licensed zoo operations.” On appeal, this Court found in a matter of first impression that the AWA does not expressly preempt claims under N.C. Gen.Stat. § 19A. Instead, the AWA "empowers Section 19A to work in conjunction with the AWA." The Court also found no conflict of law that would preclude bringing the action. The matter was reversed and remanded to the Cherokee County District Court for determination consistent with this opinion. Case
State ex rel Del Monto v. Woodmansee State ex rel Del Monto v. Woodmansee, 72 N.E.2d 789 (Ohio 1946).

In an action in mandamus, relator property owner sought a writ ordering respondent building commissioner of the City of Euclid to issue a building permit for the construction of a store building.  The store building would be used for the slaughter of chicken.  The state tired to oppose the building by stating the use would be against Ohio's cruelty to animal statute.  The Court ruled that the term "animals" as thus used meant a quadruped, not a bird or fowl.  Thus, the court ruled in favor of the property owner in his mandamus action against the commissioner.  

Case
Coy v. Ohio Veterinary Med. Licensing Bd. 2005 Ohio App. LEXIS 756 2005 Ohio 773

A veterinarian's license was revoked by the Ohio Veterinarian Medical Licensing Board and the vet challenged the revocation of his license.  The trial court found the vet guilty of gross incompetence and he appealed claiming there was no definition of gross incompetence in the statute.  The Court of Appeals affirmed the trial court holding no specific definition was required.

Case
FL - Sterilization - Chapter 823. Public Nuisances West's F. S. A. § 823.15 FL ST § 823.15 This Florida law declares that it is the public policy of the state that every feasible means be used to reduce the incidence of birth of unneeded and unwanted puppies and kittens. In furtherance of this policy, provision shall be made for the sterilization of all dogs and cats sold or released for adoption from any public or private animal shelter or animal control agency by either providing sterilization by a licensed veterinarian before relinquishing custody of the animal or entering into a written agreement with the adopter or purchaser guaranteeing that sterilization will be performed within 30 days or prior to sexual maturity. All costs of sterilization pursuant to this section shall be paid by the prospective adopter unless otherwise provided for by ordinance of the local governing body or provided for by the humane society governing body. Statute
CA - Veterinary - Chapter 11. Veterinary Medicine. West's Ann. Cal. Bus. & Prof. Code § 4800 - 4920_8 CA BUS & PROF § 4800 - 4920.8 These are the state's veterinary practice laws. Among the provisions include licensing requirements, laws concerning the state veterinary board, veterinary records laws, and the laws governing disciplinary actions for impaired or incompetent practitioners. Statute

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