Results
| Title | Citation | Alternate Citation | Agency Citation | Summary | Type | |||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|
| Morgan v. State | 656 S.E.2d 857(Ga.App., 2008) | 2008 WL 142325 (Ga.App.), 289 Ga.App. 209 (2008) |
Deputy removed sick and malnourished animals from Defendant's property, initiated by a neighbor's call to the Sheriff. Defendant was convicted in a jury trial of cruelty to animals. He appealed, alleging illegal search and seizure based on lack of exigent circumstances to enter his property. The court found that deputy's entry into the home was done with Morgan's lawful consent, and, as such, the subsequent seizure of the dogs in the home was based on the deputy's plain view observations in a location where he was authorized to be. |
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| Derecho Animal Volume 2 Núm 4 |
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| US - Endangered Species - 50 CFR Part 17. Endangered and Threatened Wildlife and Plants; Mariana Fruit Bat (Pteropus mariannus m | 50 CFR Part 17, RIN 1018-AH55 |
This final rule downgrades the Mariana fruit bat from endangered to threatened throughout its range in the Mariana archipelago, which is subject to US jurisdiction. The reason for the down grade is the FWS initially made a mistake in the taxonomy of the Mariana fruit bat. When the FWS listed the bat as endangered on Guam in 1984, it believed that the bat was a species only endemic to Guam. Since that time, the FWS has discovered that the bat is endemic to the entire Commonwealth of the Northern Mariana Islands (CNMI) and the Territory of Guam, thus there is actually a larger number of bats with a wider distribution. Yet, threats to the Mariana fruit bat still remain, so its listing as threatened is still warranted. Additionally, it is more convenient for the FWS to update the listing of the Mariana fruit bat to threatened in the entire Mariana archipelago, than to keep the species in the Guam as endangered and hold the remainder of the archipelago as threatened. |
Administrative | |||||||||
| Campbell v. Supervalu | 2007 WL 891682 (N.D.Ind.) | North District Court of Indiana dismissed a claim that Federal Meat Inspection Act (FMIA) preempted the plaintiff's state law claims. While a past court decision held that FMIA preempted state attempts to regulate meat inspection, this case was distinguishable because the suit focused on an alleged act of negligence that fell outside inspection of meat and because the state is not placing additional or different requirements then those set by FMIA. | Case | |||||||||
| State v. Woods | 2001 WL 224519 (Ohio App. 10 Dist.) | Defendant was indicted on three counts of aggravated murder, one count of attempted aggravated murder, one count of aggravated burglary, one count of aggravated robbery, and one count of kidnapping in an incident following a dogfight. Following a jury trial, d efendant was found guilty of aggravated burglary, aggravated robbery and kidnapping. The court reversed and remanded the case to the trial court. | Case | |||||||||
| 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 | ||||||||
| Wildlife Issues | Policy | |||||||||||
| CA - Fighting - § 597d. Fighting animals or birds; entries and arrests without warrant | West's Ann. Cal. Penal Code § 597d | CA PENAL § 597d | This provision allows for law enforcement officers to enter any place, building, or tenement, where there is an exhibition of the fighting of birds or animals, or where preparations are being made for such an exhibition, and, without a warrant, arrest all persons present. | Statute | ||||||||
| Commonwealth v. Epifania | 951 N.E.2d 723 (Mass.App.Ct.,2011) | 80 Mass.App.Ct. 71 (2011), 2011 WL 3435385 |
Defendant appealed his conviction of arson for setting fire to a dwelling house, and wilfully and maliciously killing the animal of another person. The Appeals Court held that testimony that the cat belonged to the victim was sufficient to support a conviction of wilfully and maliciously killing the animal of another person. |
Case | ||||||||
| Causa Rol C-1533-2021-Chile- Do not publish | Causa Rol 1533-2021 |
Pet shared custody Igor and Bambu |
Case |