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Title Citation Alternate Citation Summary Type
Duncan v. State 975 N.E.2d 838 (Ct. App. Ind. 2012) 2012 WL 4470240 (Ct. App. Ind.)

A complaint regarding the welfare of horses led to the defendant being convicted of 6 charges of animal cruelty, all of which were class A misdemeanors. Upon appeal, the defendant argued that he had not knowingly waived his right to a jury trial, that Indiana’s animal cruelty law was unconstitutionally vague and that there was no sufficient evidence to overcome a defense of necessity. The appeals court agreed that the defendant did not knowingly waive his right to a jury trial and therefore reversed and remanded the case on that issue; however, the appeals court disagreed with the defendant on the other issues.  The case was affirmed in part, reversed in part, and remanded.

Case
IN RE: ERVIN STEBANE 47 Agric. Dec. 1264 (1988) 1988 WL 242938 (U.S.D.A.) Licensed dealer who engaged in recurring pattern of trivial noncompliance with housekeeping requirements, failed to provide records on two occasions and failed to permit inspection on one occasion, is properly sanctioned with 20-day license suspension, $1500 civil penalty, and cease and desist order. Case
Decision 09171-2015-0004-Ecuador-Do not publish Case
CL - Marine mammals - Ley 20293 Ley 20293 The cetacean law prohibits the killing, hunting, capturing, harassing, keeping, possessing, transporting, disembarking, preparing, or carrying out any transformation process, as well as the commercialization or storage of any species of cetacean that inhabits or crosses the maritime areas of national sovereignty and jurisdiction in Chile. Statute
Shumate v. Drake University 846 N.W.2d 503 (Iowa. 2014) Plaintiff Shumate was barred from bringing a dog that she was training, into the classroom and to another school event. Shumate worked as a service dog trainer, while she was a student at Drake University Law School, the Defendant in this case. In 2011, Shumate filed a lawsuit alleging that Drake University discriminated against her as a service dog trainer in violation of Iowa Code chapter 216C. She alleged that chapter 216C, implicitly provided service dog trainers with a private right to sue. The Supreme Court of Iowa held that the statute does not provide service dog trainers with a private right to sue, nor did it include them under the coverage of chapter 216. The Court reasoned that although Shumate trained dogs to assist the disabled, she was not covered because she is not a person with a disability. The Court stated that closely related statutes expressly created private enforcement actions to aid the disabled while chapter 216C does not. Because an implied right of action would circumvent the procedures of the Iowa Civil Rights Act, the Iowa legislature purposely omitted a private right to sue from chapter 216C. The court vacated the decision of the court of appeals and affirmed the district court's judgment dismissing Shumate's petition with prejudice. Case
DC - Dogs - § 22-1311. Allowing dogs to go at large. DC ST § 22-1311 DC CODE § 22-1311 The following District of Columbia statute prohibits dogs that the owner knows to be fierce or dangerous, to the danger or annoyance of the inhabitants, from running at large; it also prohibits female dogs in heat to run at large. Statute
CT - Pet Trust - Chapter 802C. Trusts C. G. S. A. § 45a-489a CT ST § 45a-489a Connecticut enacted its "pet trust" law in 2009. Under the law, a testamentary or inter vivos trust may be created to provide for the care of an animal or animals alive during the settlor's or testator's lifetime. The trust terminates when the last surviving animal named in the trust dies. The trust must designate a "trust protector" who acts on behalf of the animals named in the trust. Statute
UK - Dog - Breeding of Dogs Act 1991 1991 c. 64

This Act extends the powers of inspection for the purposes of the Breeding of Dogs Act 1973 to premises not covered by a licence under that Act, thereby enabling local authorities to investigate suspicions that a dog breeding establishment is operating without the necessary license

Statute
Hamilton v. State 128 So.3d 872 (Fla.App. 4 Dist.) 2013 WL 6670841 (Fla.App. 4 Dist.)

In this Florida case, the 82-year-old defendant was convicted of a third-degree felony animal cruelty violation (section 828.12(2)) and sentenced to three years' imprisonment. Defendant had his dog on leash and approached too close to a cat, whereupon the leashed dog began to attack the cat. In reversing the decision, the appellate court found that defendant's conduct did not rise to a criminal level, as it was "objectively unlikely" that a leashed dog walking with his owner would inflict such damage. Further, while the issue of sentencing was rendered moot by the reversal, the court found the consideration of a petition with approximately 3,000 signatures demanding the maximum sentence, "an affront to the very notion of due process of law . . ."

Case
Alliance for the Wild Rockies v. Salazar 672 F.3d 1170 (9th Cir. 2012) 2012 WL 834096 (9th Cir. 2012) Environmental organizations challenged constitutionality of Section 1713 of the 2011 Appropriations Act ordering Secretary of Interior to reissue a final rule removing a distinct gray wolf population in the northern Rocky Mountains from protections of Endangered Species Act (ESA). The Court of Appeals held that the statute did not violate the separation of powers doctrine, and reasoned that Congress amended, rather than repealed, ESA as to delisting of gray wolf by directing Secretary to reissue rule without regard to any other statute or regulation. Case

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