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Title Citation Alternate Citation Summary Type
Blankenship v. Commonwealth 838 S.E.2d 568 (2020) 71 Va.App. 608 (Va.App., 2020) Brandon Scott Blankenship showed up at Wally Andrews’ home although Blankenship had previously been ordered not to come onto Andrews’ property. Blankenship stood outside on Andrews’ property and continued to curse at Andrews and threaten to kill him. Andrews called law enforcement and when they arrived, Blankenship continued his cursing and yelling at the officers. Every time the officers attempted to arrest Blankenship he would ball up his fists and take a fighting stance towards the officers. At some point the officers released a police K-9 named Titan after Blankenship took off running. Blankenship kicked and punched Titan until he backed off. Titan ended up with a digestive injury in which he would not eat and seemed lethargic. Blankenship was indicted for three counts of assault and battery on a law enforcement officer, one count of assault on a law enforcement animal, one count of assault and battery, one count of obstruction of justice, and one count of animal cruelty. The Court struck one count of assault and battery on a law enforcement officer, the count of assault on a law enforcement animal, and the count of obstruction to justice. Blankenship was convicted of the remaining four counts and he appealed assigning error to the sufficiency of the evidence used to convict him. The Court found that Blankenship’s overt acts demonstrated that he intended to place the law enforcement officers in fear of bodily harm which in turn caused the officers to actually and reasonably fear bodily harm. The totality of the circumstances supported Blankenship’s conviction of assault and battery on both the law enforcement officers and Andrews. As for the animal cruelty conviction, the Court found that there was sufficient evidence from which the circuit court could find that Blankenship voluntarily acted with a consciousness that inhumane injury or pain would result from punching and kicking Titan. Blankenship had no right to resist the lawful arrest and his actions against Titan were not necessary, therefore, there was sufficient evidence to support Blankenship’s conviction for animal cruelty. The Court ultimately affirmed and remanded the case. Case
AZ - Initiatives - Proposition 109 (right to hunt and fish) Proposition 109 (2010) Proposition 109 would have amended the Arizona Constitution. It failed with only 43.5% voting "yes" for the measure. The proposition stated that: 1. Wildlife is held in trust for the citizens of this state, whom have a right to lawfully hunt, fish and harvest the wildlife. 2. The legislature has the exclusive authority to enact laws to regulate hunting, fishing and harvesting of wildlife. The legislature may grant rule making authority to a game and fish commission. No law or rule shall unreasonably restrict hunting, fishing or harvesting of wildlife or the use of traditional means and methods for those activities. Any law or rule shall have the purpose of wildlife conservation and management and preserving the future of hunting and fishing. 3. Lawful public hunting and fishing are the preferred means of managing and controlling wildlife. By its terms, nothing in Proposition 109 shall be construed to modify any law relating to trespass or property rights. Statute
WI - Ordinances - 59.54. Public protection and safety W. S. A. 59.54 WI ST 59.54 This Wisconsin statute provides that a local board may enact ordinances regulating the keeping, apprehension, impounding and destruction of dogs outside the corporate limits of any city or village, but such ordinances shall not conflict with ss. 174.01 and 174.042, and such ordinances may not apply in any town that has enacted an ordinance under s. 60.23(30). Statute
UK - Dangerous Dogs - Dangerous Dogs Act 1991 1991 CHAPTER 65

An Act to prohibit persons from having in their possession or custody dogs belonging to types bred for fighting; to impose restrictions in respect of such dogs pending the coming into force of the prohibition; to enable restrictions to be imposed in relation to other types of dog which present a serious danger to the public; to make further provision for securing that dogs are kept under proper control; and for connected purposes.

Statute
DR. ELLEN LEVINE et al., Plaintiffs, v. MIKE JOHANNS, Defendants This action challenges the exclusion of chickens, turkeys, and other birds from the protections of the federal Humane Slaughter Act (HSA). The Levine plaintiffs’ complaint challenges a USDA Notice issued on September 28, 2005, titled “Treatment of Live Poultry Before Slaughter.” The Notice states that there is no federal statute governing the humane slaughter of poultry, but recommends that the poultry industry adopt voluntary measures to improve slaughter practices. Plaintiffs all contend that by excluding these animals from the protections of the Act exposes them to greater risk of food-borne illness. The inhumane methods of slaughtering the birds have been linked in scientific studies to greater incidence of food-borne pathogens in the meat. In their complaint, Plaintiffs request an order finding the act of excluding poultry from the HSA is arbitrary and capricious, and enjoining the USDA from excluding poultry species from the HSA. In its order regarding defendant’s motion to dismiss, the court found that plaintiffs credibly alleged that they face an imminent exposure to heightened risk that they will become ill from consuming inhumanely slaughtered animals. Thus, defendant’s motion to dismiss the consumer claims was denied. Pleading
State v. Spreitz 945 P.2d 1260 (1997) 190 Ariz. 129 (1997)

The court held that admission of photographs of the victim was harmless because based on the overwhelming evidence against defendant, the jury would have found him guilty without the photographs.

Case
NV - Housing - 116.318. Right of units’ owners to keep pet N. R. S. 116.318 NV ST 116.318 This Nevada law enacted in 2019 states that the executive board of an association shall not and the governing documents of that association must not prohibit a unit's owner from keeping at least one pet within such physical portion of the common-interest community as that owner has a right to occupy and use exclusively. Statute
Animal Law Index Volume 1

Animal Law Review, Volume 1 (1995)

ARTICLES

TIME FOR A SHARPER LEGAL FOCUS
David Favre

An introduction to the premiere issue of Animal Law.

Policy
UT - Wolves - Chapter 29. Wolf Management Act U.C.A. 1953 § 23A-15-101 - 202 (formerly cited as U.C.A. 1953 § 23-29-101 - 102; § 23-29-201 - 202) UT ST § 23A-15-101 - 202 (formerly cited as UT ST § 23-29-101 - 202) Under the Utah Wolf Management Act, the division shall manage wolves to prevent the establishment of a viable pack in all areas of the state where the wolf is not listed as threatened or endangered under the Endangered Species Act until the wolf is completely delisted under the act and removed from federal control in the entire state. Statute
AU - Livestock - Australian Meat and Live-stock Industry Act 1997 Act No. 206 of 1997

The purpose of this Act is to control meat and live-stock exports both within and outside Australia. 'Live-stock' includes cattle, calves, sheep, lambs and goats, however this definition is not exhaustive and may include other animals if prescribed. The Act covers export licences, quotas and enforcement. It also outlines the role of industry bodies and policies.

Statute

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