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Title Citation Alternate Citation Summary Type
People v. Miller 159 A.D.3d 1608 (N.Y. App. Div. 2018) 72 N.Y.S.3d 750, 2018 N.Y. Slip Op. 02109 (N.Y. App. Div. 2018) In this New York case, defendant appeals his conviction for burglary in the second degree, petit larceny, and criminal contempt in the first degree. The incident occurred when defendant went back over to his girlfriend's house after he called her to ask permission to visit the dogs. The complainant declined, saying she had plans for an outing with the dogs that day. Witnesses later observed defendant banging on the complainant's door and subsequently opening a window and climbing in her residence. After forcing entry, defendant took the dogs and complainant called 911. Subsequently, defendant led police on a high speed chase, and, after being arrested, defendant claimed the dogs were licensed to him. The appellate court viewed all the evidence of the elements for each crime and rejected defendant's contention that the verdict was against the weight of the evidence. Thus, the judgment was affirmed. Notably, two judges dissented on this appeal, finding that defendant "had at least a good faith basis for claiming an ownership interest the dogs." The dissent found the dogs may have been jointly owned and that, prior to his arrest, "defendant simply intended to take the dogs for a walk and then return them." Case
Alliance to End Chickens as Kaporos v. New York City Police Dept 152 A.D.3d 113, 55 N.Y.S.3d 31 (N.Y. App. Div. 2017) 2017 WL 2429221 (N.Y. App. Div. June 6, 2017) Kaporos is a customary Jewish ritual which entails grasping a live chicken and swinging the bird three times overhead while saying a prayer. Upon completion of the prayer, the chicken's throat is slit and its meat is donated. The practice takes place outdoors, on public streets in Brooklyn. The Plaintiffs include the Alliance to End Chickens as Kaporos and individual Plaintiffs who reside, work or travel, within Brooklyn neighborhoods. The Defendants included City defendants such as the New York City Police Department and non-City defendants such as individual Orthodox Jewish rabbis. The Plaintiffs alleged that Kaporos is a health hazard and cruel to animals. Plaintiffs requested the remedy of mandamus to compel the City Defendants to enforce certain laws related to preserving public health and preventing animal cruelty. The Supreme Court, Appellate Division, First Department, New York affirmed the Supreme Court's dismissal of the proceedings against the City defendants. The Court reasoned that none of the laws or regulations that the Plaintiffs relied on precluded the City Defendants from deciding whether or not to engage in Kaporos. Also, the Plaintiffs did not have a “clear legal right” to dictate which laws are enforced, how, or against whom. The Court stated that determining which laws and regulations might be properly enforced against the non-City defendants without infringing upon their free exercise of religion could not be dictated by the court through mandamus. Case
NJ - Veterinary - Chapter 16. Veterinary Medicine, Surgery and Dentistry. NJSA 45:16-1 to 45:16-18 NJ ST 45:16-1 to 45:16-18 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
MD - Endangered Species - Nongame and Endangered Species Conservation Act MD Code, Natural Resources, § 10-2A-01 - 09 MD NAT RES § 10-2A-01 - 09 These Maryland statutes comprise the Nongame and Endangered Species Conservation Act. Under the Act, any species designated under the federal Endangered Species Act is deemed an endangered species as are other species designated by the state secretary based on habitat and population factors. Violators of the Act shall be fined not more than $1,000 or be imprisoned not more than 1 year, or both and equipment used in the taking of designated species may be seized. Statute
Rogers v. State 760 S.W.2d 669 (Tex. App. 1988).

Dog fighting case. Where the dog fighting area was in an open section of woods near the defendant's home, police officers were not required to obtain a search warrant before entering the defendant's property because of the "open fields" doctrine.

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Armstrong v. Riggi 549 P.2d 753 (Nev. 1976) 92 Nev. 280 (1976)

Joe Riggi delivered his two unregistered Pomeranian dogs to the Armstrongs' Poodle Parlor to be bathed and groomed. The dogs died while in the care of the bailee. Riggi commenced this action to recover damages alleging that the dogs were worth more than $10,000. The issue on appeal was whether the trial court incorrectly interpreted the state court rule regarding attorney fees. Since the appellate court did in fact determine error, the case was remanded.

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Colombia - Whaling - Ley 1348, 2009 Ley 1348, 2009 This law adopts the "International Convention for the Regulation of Whaling" signed in Washington D.C. on December 2, 1946 and the Protocol to the International Convention for the Regulation of Whaling signed in Washington D.C. on November 19, 1956. Colombia is one of the 89 countries that are part of the International Whaling Commission (IWC). This Commission is an intergovernmental organization that seeks to implement measures aiming for the conservation of whales and the regulation of whaling. Colombia joined this commission in 2011. Statute
MS - Dog Licenses - Chapter 53. Dogs and Rabies Control. Miss. Code Ann. § 41-53-11 MS ST 41-53-11 This Mississippi statute provides that it is the lawful duty for any sheriff, conservation officer or peace officer of a county or municipality to kill any dog above the age of three (3) months found running at large on whose neck there is no such collar and tag or who are not inoculated according to state law. No action shall be maintained by the owner for such killing. However, the statute then goes on to say that it is the duty of such officer to first impound the dogs for five days and give a description of the dog to the sheriff. Statute
ID - Predator - Chapter 58. Protection of Natural Resources (wolf declaration) I.C. § 67-5801 - 5807 ID ST § 67-5801 - 5807 The purpose of Chapter 58 is to provide an orderly, comprehensive plan for the protection of the natural resources of the state and for the suppression of dangers or threats. Section 5806 the Idaho legislature finds and declares that the state's citizens, businesses, hunting, tourism and agricultural industries, private property and wildlife, are immediately and continuously threatened and harmed by the sustained presence and growing population of Canadian gray wolves in the state of Idaho. The legislature states that "a disaster emergency is in existence as a result of the introduction of Canadian gray wolves, which have caused and continue to threaten vast devastation of Idaho's social culture, economy and natural resources." Statute
Siegert v. Crook County 266 P.3d 170 (Or.App., 2011) 2011 WL 5402078 (Or.App.); 246 Or.App. 500 (2011)

An individual appealed County Court’s decision to approve the location of a dog breeding kennel in a zone where such kennels were not permitted. The county interpreted the code that was in effect at the time the kennel began operating to allow dog breeding as animal husbandry, and thus permissible farm use. The Court of Appeals found the county's interpretation to be plausible.

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