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Displaying 81 - 90 of 6638
| Title | Citation | Alternate Citation | Agency Citation | Summary | Type | ||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| Commonwealth v. Szewczyk | 53 N.E.3d 1286 (Mass.App.Ct.,2016) | 89 Mass.App.Ct. 711 (2016) | In this Massachusetts case, defendant was charged with animal cruelty after he shot a dog that had wandered onto his property with a pellet gun. The pellet was lodged in the dog’s leg and caused significant pain and discomfort to the dog. Following conviction, defendant appealed the District Court’s ruling arguing that the judge erred in denying three of his eleven requests for rulings of law.Specifically, defendant's principal argument was that he had a lawful purpose in shooting (to scare the dog off his property), his intent was justified (to insure his wife's safety on the property), and the pain inflicted by defendant shooting the dog does not fit the statutory meaning of "cruel." At the close of evidence, defendant submitted a written request for ruling under Mass. R.Crim. P.26 setting out these issues. The court held that the District Court judge correctly denied the three requests because they were clearly outside the scope of rule 26 because they called upon the judge as a fact finder to weigh the evidence presented at trial. Next, the court reviewed the facts of the case to determine whether or not a rational trier of fact could have found the elements of the crime beyond a reasonable doubt. Ultimately, the court held that a rational trier of fact would have been able to find that defendant did commit animal cruelty by shooting the dog. The court focused on the fact that the defendant could have used other means to ensure that the dog did not enter the property again without causing pain and suffering to the dog by shooting the dog in the leg. The judgment was affirmed. | Case | |||||||||
| ME - Cat - Consolidated Cat Laws | 7 M. R. S. A. § 3916 - 3919C; 1 M. R. S. A. § 217 | ME ST T. 7 § 3916 - 3919C, 4041; ME ST T. 1 § 217 | These statutes comprise Maine's cat laws. Among the provisions include rabies vaccination requirements, stray cat procedures, and the designation of the "state cat." | Statute | |||||||||
| NH - Exotic Pets - Chapter Fis 800. The Importation, Possession and Use of All Wildlife. | NH ADC FIS 802.01 - .05 | N.H. Code Admin. R. Fis 802.01 - .05 | These New Hampshire regulations state the different permitee categories under Chapter 800 of the New Hampshire Code of Administrative Regulations. These regulations also indicate the penalties for making false statements, when annual permits expire, and who is exempt from the requirements of this chapter. | Administrative | |||||||||
| Rowlette v. Paul | 466 S.E.2d 37 (Ga. 1995) | 219 Ga.App. 597 (Ga. 1995) | This Georgia case involved a dog bite to a person who went to went to the Pauls' house in order to verify and update information for the Oglethorpe County Tax Assessor's Office. The court held that in the absence of any evidence showing that the owners of a dog had knowledge, prior to a mauling incident, that their dog had ever bitten another human being, the owners of the dog were not liable to the victim even though the dog's presence on the premises where the incident occurred was in violation of the county leash law. In order to support an action for damages under OCGA § 51-2-7, it is necessary to show that the dog was vicious or dangerous and that the owner had knowledge of this fact. | Case | |||||||||
| US - Horses - Sale of Wild Free-Roaming Horses and Burros | PL 108-447 |
These amendments to the Wild Horses Act, 16 U.S.C.A. § 1333, amended by Public Law 108-447, allow for the sale of animals for commercial purposes in some circumstances, specifically when the excess animal is more than 10 years old, or has been unsuccessfully offered for adoption on at least 3 occasions. Once the excess animal is sold, it will no longer be considered a wild free-roaming horse or burro according to this Act. |
Statute | ||||||||||
| People v. Peters | 79 A.D.3d 1274(N.Y.A.D. 3 Dept.,2010) | 911 N.Y.S.2d 719, 2010 WL 4977555 (N.Y.A.D. 3 Dept.,2010) |
A veterinarian was convicted of animal cruelty and sentenced to three years of probation based upon his alleged unjustifiable failure under Agriculture and Markets Law § 353 to provide a mare and her foal with necessary sustenance, food and drink in September 2005. After conviction by jury, the lower court denied defendant-veterinarian's motion to vacate judgment of conviction. The Supreme Court, Appellate Division found that while defendant failed to preserve his challenge for sufficiency of the evidence, the jury verdict was against the weight of the evidence. In particular, the court found that the expert testimony contradicted the evidence that the foal was mistreated. |
Case | |||||||||
| Powell v. Adlerhorst Int'l, Inc. | 2015 WL 6756126 (D. Or. Nov. 4, 2015) (unpublished) | The plaintiff in this case brought suit after suffering a dog bite from a service dog that was purchased from defendant. The defendant was a corporation that purchased dogs from Europe and then sold them to police agencies to be used as service dogs. Plaintiff (a police officer with the Sherwood Police Department) filed suit asserting both a strict product liability and negligence claim for injuries sustained from dog bites. At issue here is whether the dog was defective and unreasonably dangerous at the time the defendant sold it to the City of Sherwood. Defendant moved for summary judgment and the court denied the motion. The court ultimately held that a reasonable jury could find that defendant should have known about the dog’s aggressive behavior before selling it to plaintiff, thus making it liable for damages. | Case | ||||||||||
| IN - Exotic pet - Chapter 26. Wild Animal Permit. | I.C. 14-22-26-1 to 6 | IN ST 14-22-26-1 to 14-22-26-6 | This set of Indiana laws concerns the keeping of protected and dangerous wild animals. Under the law, a person must obtain a permit to possess these classes of animals. A permit may be suspended if an emergency exists (e.g., the animal is in peril or the animal is in a position to harm another animal). | Statute | |||||||||
| CO - Assistance Animals - Colorado Assistance Animal/Guide Dog Laws | C. R. S. A. § 12-240-144; § 12-245-229; § 12-255-133; § 18-13-107, § 18-13-107.3, § 18-13-107.7; § 18-9-202; § 18-1.3-602; § 24-34-301; § 24-34-309; § 24-34-801 - 804; § 40-9-109; § 42-4-808 | CO ST § 12-240-144; § 12-245-229; § 12-255-133; § 18-13-107, § 18-13-107.3, § 18-13-107.7; § 18-9-202; § 18-1.3-602; § 24-34-301; § 24-34-309; § 24-34-801 - 804; § 40-9-109; § 42-4-808 | The following statutes comprise the state's relevant assistance animal and service animal laws. | Statute | |||||||||
| Derecho Animal Volume 4 Núm 2 |
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Policy |