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Title Citation Alternate Citation Summary Type
Night monkeys in a cage is soiled with feces Slideshow Images
CO - Animal welfare - Ley 1955 Ley 1955 “The National Development Plan for 2018-2022,” in article 324, instructs the national government to draft the national policy and guidelines for the protection and welfare of farm animals, stray animals, and animals subject to cruelty, among others. It instructs the government to define strategies, programs, and to propose laws for animal protection on issues such as responsible ownership, sterilization campaigns, the creation of welfare centers, rehabilitation and integral assistance to domestic and wild animals, the progressive substitution of vehicles of animal traction, and the strengthening of investigation and prosecution procedures for crimes against animals with the purpose of eradicating all forms of animal violence, cruelty, illegal traffic, and trade. 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
ND - Initiatives - Constitutional Measure 1 (right to hunt) Constitutional Measure 1 (2000) This amendment would provide that hunting, trapping, and fishing are a valued part of residents' heritage and will be preserved for the people and managed by law and regulation for the public good. It passed in 2000 (77% of votes). Statute
Commonwealth v. Deible 300 A.3d 1025 (2023) 2023 PA Super 129, 2023 WL 4715187 (July 25, 2023) This case is an appeal from a judgment convicting appellant of animal cruelty for failure to groom her terrier dog. Appellant has owned the 17-year-old terrier dog since the dog was a puppy. At one point, the dog escaped from appellant’s home and was found by a bystander. This bystander testified that the dog’s fur was heavily matted, with objects stuck in its fur. The bystander took pictures of the dog and contacted a veterinary clinic to shave the dog. The dog was then left at an animal shelter, where a humane police officer examined the dog and found it matted so heavily it could not see, stand, or defecate properly. Appellant testified that the dog was aggressive when she attempted to groom him, and that the dog made itself dirty when it escaped appellant’s home. Appellant also argued that their veterinarian was supposed to groom the dog, but the dog’s veterinary records did not support this. The lower court found that there was sufficient evidence to charge appellant with animal cruelty, and ordered her to pay fines totaling $946.58 and forfeit ownership of the dog. Appellant filed this appeal to challenge the sufficiency of the evidence used to support her conviction of animal cruelty. The court found that there was sufficient evidence to support the cruelty charge, as the statute prohibits “ill-treatment” and the evidence of the condition of the dog supports that it was treated improperly. Appellant also argues that the court’s order for her to forfeit her dog was improper, but the court of appeals disagreed due to the pattern of neglect established by appellant’s history with the dog. Accordingly, the court of appeals affirmed the holding of the lower court. Case
IN - Animal Testing - The Breeding of And Experiments On Animals (Control And Supervision) Rules, 1998 G.S.R. 1074(E) The Rules were drafted by the Committee for Control and Supervision of Experiments on Animals through the powers delegated to it by the Prevention of Cruelty to Animals Act, 1960. The Rules do not ban scientific experiments on animals. However, they impose registration requirements for facilities that conduct experiments on animals, list out the conditions under which the animals must be stocked by the breeder and the establishment, and the methods by which the experiments must be conducted. 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.

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Dixon v. State 455 S.W.3d 669 (Tex. App. 2014), petition for discretionary review refused (Apr. 29, 2015) 2014 WL 7174378 (Tex. App. Dec. 16, 2014) An owner of a non-profit cat sanctuary, which housed over 200 cats taken care of by one employee, was convicted by a jury of four counts of non-livestock animal cruelty. The trial court placed the owner under community supervision for five years' on each charge, to be served concurrently. In her first issue on appeal, the owner contended the evidence was legally insufficient to support her convictions. Based on evidence that the owner only had one employee to take care of the cats, however, the Texas court of appeals overruled this issue. In her second issue on appeal, the owner contended that the trial court erred by overruling her motion to dismiss the indictments where the State alleged a felony by commission of elements defined as a misdemeanor under the animal cruelty statute. On this issue, the court stated that it was true that the State had to prove that appellant failed to provide food, water, or care to the cats, but it also had to prove death or serious bodily injury to the cat that was committed in a cruel manner, i.e., by causing unjustified or unwarranted pain or suffering. In other words, the failure to provide food, water, or care is the manner and means by which appellant killed the cats, causing them unjustified pain or suffering, which raised the charge from a misdemeanor to a felony. The second issue was therefore affirmed. The appeals court also overruled the owner’s other issues and thereby affirmed the lower court’s ruling. 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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