Results
| Title | Citation | Alternate Citation | Summary | Type |
|---|---|---|---|---|
| Amos v. State | 478 S.W.3d 764 (Tex. App. 2015), petition for discretionary review refused (Nov. 18, 2015) | 2015 WL 4043302 (Tex. App., 2015) | A jury found appellant guilty of the offense of cruelty to a nonlivestock animal after he beat a Shih Tzu to death with a broom. After finding an enhancement paragraph true, the jury assessed Appellant's punishment at thirty-one months’ confinement. Appellant asserted five issues on this appeal: (1) the admission of a State's witness's recorded statement to the police, which the court overruled because the evidence was received without objection; (2) the denial of his motion to quash the indictment for failing to allege an offense, which the court overruled because the indictment tracked the statutory language; (3) the denial of six of his challenges for cause, which the court overruled because the venire members gave the defense counsel contradictory answers meaning the trial court could not abuse its discretion in refusing to excuse a juror; (4) the denial of his objection to the charge, which the court overruled because the jury charge tracked the statute’s language; and (5) the denial of his motion to suppress the dog’s necropsy, which the court overruled because the appellant had no intention of reclaiming the dog's body or her ashes and thereby relinquished his interest in them such that he could no longer retain a reasonable expectation of privacy and lacked standing to contest the reasonableness of any search. The lower court’s decision was therefore affirmed. | Case |
| City of Richardson v. Responsible Dog Owners of Texas | 794 S.W.2d 17 (Tex. 1990). |
City's animal control ordinance banning the keeping of pit bulls was not preempted by state Penal Code provisions governing the keeping of vicious dogs. |
Case | |
| Bloomfield Estates Improvement Ass'n, Inc. v. City of Birmingham | 737 N.W.2d 670 (2007) | 479 Mich. 206 (2007) |
In this Michigan case, a property association brought an action against the city of Birmingham to enforce a deed restriction. The association alleged that the city's plan to build a dog park violated the residential use restriction in the deed. The Circuit Court of Oakland County granted the city's motion for summary disposition; the Court of Appeals reversed. The Supreme Court held that the city's use of the lot as a “dog park" (a fenced area where dogs could roam unleashed with their owners) did indeed violate the deed restriction limiting use of land to “strictly residential purposes only.” Further, despite the association's failure to contest the previous use of the land as a vacant park, the association could contest the dog park violation because the former use was deemed a "less serious" violation. |
Case |
| KS - Ulysses - Breed - ARTICLE 3. PIT BULL DOGS | ULYSSES, KS., CITY CODE §§ 2-301 - 2-302 |
In Ulysses, it is unlawful to keep, harbor, own or possess any pit bull dog, with exceptions. Pit bull dogs registered with the city as of July 19, 1989 may be kept subject to certain requirements, such as use of a leash and muzzle if outside, confinement, “Beware of Dog” signs, $50,000 insurance, and identification photographs. It is prohibited to sell or give a pit bull away except in limited circumstances. All pit bull puppies born in the city must be removed within six weeks of birth. Failure to comply may result in seizure of the dog, a fine of $200 to $1,000, and imprisonment up to 30 days.
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Local Ordinance | |
| Moser v. Pennsylvania Soc. for Prevention of Cruelty to Animals | Slip Copy, 2012 WL 4932046 (E.D. Penn.) |
After the defendants confiscated mare without a warrant and required that the plaintiff surrender another mare and a few other animals in order to avoid prosecution, the plaintiffs sued the defendants for violating the U.S. Constitution, the U.S. Civil Rights Act and Pennsylvania statutory and common law. However, the plaintiffs lost when the district court granted the defendants motion for summary judgment on all counts. |
Case | |
| RESOLUCIÓN NÚMERO 0119 DE 2024- Colombia- Don't publish yet |
"Por medio de la cual se adiciona al artículo 2° de la Resolución 380 del 5 de marzo de 2021, algunas especies de tiburones y rayas marinas, como recursos pesqueros y se prohíbe la pesca dirigida de tiburones y rayas marinas en todo el territorio nacional." |
Statute | ||
| Bolivia - Animal control - Ley Municipal Autonomica No. 239 para Animales de Compañía | Ley Municipal Autonomica No. 239 | This municipal law seeks to promote companion animal welfare and public health in La Paz, Bolivia. It is modified by "Ley municipal 316, 2018." This ordinance establishes the duties for companion animal owners in La Paz. It creates the mandatory municipal registries of companion animals, and service and assistance animals; the registry of dangerous dogs for citizen safety; and the registry of societies for animal protection, veterinary hospitals, and companion animal stores. It regulates the sale of companion animals and establishes penalties for those who mutilate their companion animals for aesthetic purposes. | Local Ordinance | |
| MO - Ecoterrorism - Chapter 578. Miscellaneous Offenses. Animal Research and Production Facilities | V. A. M. S. 578.405 - 578.412 | MO ST 578.405 - 578.412 | This chapter comprises "The Animal Research and Production Facilities Protection Act." The act prohibits anyone from releasing, stealing, or otherwise intentionally causing the death, injury, or loss of any animal at or from an animal facility. It also prohibits any person from damaging, vandalizing, or stealing any property in or on an animal facility, or obtaining access to an animal facility by false pretenses for the purpose of performing acts not authorized by the facility. Generally, violation is a misdemeanor if the loss is less than $300 and a felony if it exceeds that amount. Any person who has been damaged by a violation of section 578.407 may recover all actual and consequential damages, punitive damages, and court costs, including reasonable attorneys' fees, from the person causing such damage. | Statute |
| NV - Horses, wild - 504.490. Unlawful acts; penalty | N.R.S. 504.490 | NV ST 504.490 | This Nevada law prohibits any unauthorized person from doing certain acts with regard to wild horses such as removing them from public lands, harassing wild horses, or using aircraft or a motor vehicle to hunt wild horses (among other listed actions). Violation is a gross misdemeanor. A person who willfully and maliciously kills a wild horse is guilty of a category C felony. | Statute |
| 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 |