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Title Citation Alternate Citation Summary Type
U.S. v. Hayashi 22 F.3d 859 (1993)

Appellant challenged the decision of the United States District Court for the District of Hawaii, which convicted him of taking a marine mammal in violation of the MMPA.  The court reversed appellant's conviction for taking a marine mammal under the MMPA.  It held that the MMPA and the regulations implementing the act did not make it a crime to take reasonable steps to deter porpoises from eating fish or bait off a fisherman's line. 

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MA - Horse - § 3. Sleigh or sled; bells M.G.L.A. 89 § 3 This Massachusetts law states that no person shall travel on a way with a sleigh or sled drawn by a horse, unless there are at least three bells attached to some part of the harness. Statute
OK - Dangerous - § 717. Owner of mischievous animal which kills person 21 Okl. St. Ann. § 717 OK ST T. 21 § 717 This Oklahoma law states that an owner of a "mischievous animal" who knowing its propensities allows it to go at large or does not exercise ordinary care in keeping it, will be guilty of manslaughter in the second degree if while at large it kills a human. Statute
Commonwealth v. Brown Commonwealth v. Brown, 66 Pa. Super. 519 (1917). No. 16, Oct. T., 1916

The defendant was convicted of cruelty to animals for the use of acid on some horses' feet.  The defendant appealed the descision because the lower court had found the Commonwealth's circumstantial evidence to be enough to submit the question of quilt to the jury.  The Superior Court found that some of the evidence was improperly admitted by the lower court.  Thus, the Superior Court reversed the judgement.

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Cleveland Hts. v. Jones 2006 WL 256638 (Ohio App. 8 Dist.) Slip Copy, 2006 WL 256638 (Ohio App. 8 Dist.), 2006-Ohio-454 In this Ohio case, the defendant was convicted in the Cleveland Heights Municipal Court of keeping more than two dogs at his single-family residence contrary to an ordinance that limited the keeping of more than two dogs at a single-family residence (defendant was found to have three dogs, one of whom he said was "visiting" his daughter). In affirming defendant's conviction, the court found no merit to defendant's challenge that the term "kept" was ambiguous. Further, the evidence adduced at trial was sufficient to support defendant's conviction where the officer witnessed the dogs at the residence and defendant admitted to having three dogs in his home even without ownership of the third. Case
CA - Import, dog - Chapter 1.5. Dog Importation: Health Certificates West's Ann. Cal. Health & Safety Code § 121720 - 121723 This chapter relates to importation of dogs into California for sale purposes. A person seeking to bring a dog into this state or importing dogs into this state for the purpose of resale or change of ownership shall obtain a health certificate for that dog, completed by a licensed veterinarian and is dated within 10 days prior to the date on which the dog is brought into the state. However, this chapter does not apply to a person who brings a dog into the state that will not be offered for resale or if the ownership of the dog is not expected to change or to dogs used military or law enforcement work. A person who violates a provision of this chapter is guilty of an infraction, punishable by a fine not to exceed $250 for each dog for which a violation has occurred. Statute
OR - Vehicle - 811.200. Carrying dog on external part of vehicle; penalties O.R.S. § 811.200 This Oregon law states that a person commits a Class D traffic violation if he or she carries a dog upon the hood, fender, running board or other external part of any automobile or truck that is upon a highway unless the dog is protected by framework, carrier or other device sufficient to keep it from falling from the vehicle. Statute
NJ - Dogs - Consolidated Dog Laws N. J. S. A. 2A:42-101 to 2A:42-113; 2C:29-3.1; 4:19-1 to 4:19-43; 4:19A-1 - 17; 4:21B-1 - 3; 4:22A-1 to 13; 23:4-25, 26, 46; 26:4-78 - 95; 40:48-1; 54:4-83 These statutes comprise New Jersey's dog laws. Among the provisions include laws regarding domesticated animals in housing projects, rabies control laws, licensing requirements, and dangerous dog laws. Statute
McCall v. State 540 S.W.2d 717 (Tex. Crim. App. 1976).

Open fields doctrine; warrantless seizure. It was not unreasonable for humane society members to enter defendant's land and seize dogs where the dogs were kept in an open field clearly in view of neighbors and others, and where it was apparent that the dogs were emaciated and not properly cared for.

Case
In re New Jersey Pinelands Com'n Resolution 812 A.2d 1113 (N.J.Super.A.D.,2003) 356 N.J.Super. 363

This case concerns the approval of a settlement agreement for a residential development project that contained habitat critical to the survival of a local population of timber rattlesnakes, an endangered species in New Jersey.  The court's review of the record found that there is no reason to interfere with the determination by the Commission, since there was ample evidence to support the Commission's decision to approve the settlement.  The court also agreed with the lower court that the environmental organizations lacked standing to bring an endangered species counterclaim before the lower court.  Specifically, the court found that the Department of Environmental Protection and the Commission did not fail to act in implementing the endangered species act; thus, no standing was conferred upon the groups.  The court also noted that the DEP and the Commission acted in their requisite complementary roles in effecting the Act.

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