Displaying 31 - 40 of 42
Titlesort descending Summary
ME - Initiatives - Question 2 (bear hunting) This Maine citizen initiated was defeated in the November 2004 election (only 47% voted "yes"). The question posed to voters asked voters, "Do you want to make it a crime to hunt bears with bait, traps or dogs, except to protect property, public safety or for research?" Per the Maine Bureau of Corporations, Elections, and Commissions summary, the initiated bill was to prohibit the use of bait to hunt or attract bear, the use of a dog to hunt or pursue bear and the use or setting of a trap to hunt or capture bear except under certain circumstances (such as by state or federal employees to kill or capture depredating bears or by commercial timber operators).
ME - Lien, care - § 3352. Pasturage, food and shelter

This Maine law provides that a person who pastures, feeds, or shelters animals by contract or consent of the owner has a lien for the amount due. The lien may be enforced in the same manner as liens on goods in possession.

ME - Lost Property - Chapter 21. Lost Goods and Stray Beasts.

This section comprises Maine's Lost Goods and Stray Beasts Act.

ME - Pet Trusts - Chapter 4. Creation, Validity, Modification and Termination of Trust.

This statute represents Maine's pet trust law.  The provides that a trust may be created to provide for the care of an animal alive during the settlor's lifetime. The trust terminates upon the death of the animal or, if the trust was created to provide for the care of more than one animal alive during the settlor's lifetime, upon the death of the last surviving animal.  The comment following the text of the statute clarifies what types of animal-related activities qualify as non-charitable versus charitable trusts.

ME - Veterinary - Title 32. Professions and Occupations.

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.

ME - Wildlife possession - Chapter 6. Educational & Scientific Collection Permit Rule

This section establishes the rules in Maine for educational and scientific collection permits. A scientific collection permit is required by any person who wishes to take, transport or possess wild birds or animals and their parts or products for scientific research or educational purposes at any time of the year; and/or before any person may lawfully salvage, otherwise acquire, transport or possess wild birds and animals for any purpose not specifically covered under any other permit or license.

Morgan v. Marquis

After being bit in the face from a dog she was caring for, the plaintiff sued the dog's owner on the theories of strict liability, negligence and statutory, 7 M.R.S. § 3961(1), liability. The superior court granted summary judgment in favor of the defendant on all claims rejecting plaintiff's claim that pit bull dogs are inherently abnormally dangerous dogs. Finding insufficient evidence that the defendant knew his dog was likely to bite someone, the Supreme Judicial Court of Maine affirmed the lower court's decision on the strict liability claim. However, the court vacated the lower court's decision towards the negligence and statutory liability claim because genuine issues of material fact remained.

State v. Cloutier

Defendant appealed from his conviction for "driving deer" under Maine statute § 7458(10) (among other convictions), contending that the statute was unconstitutionally vague.  The Court rejected defendant's argument, finding the version at issue here plainly tells people that if they participate in a group hunt and they organize or plan the hunt so that several people move in a coordinated fashion toward other members of the hunting party who by predesign are standing or moving toward the first group, in a planned effort to flush out the deer, they are hunting illegally.  With regard to the entrapment defense for the illegal transporting of deer, the Court found that although another hunter may have created the opportunity for Cloutier to commit the illegal transportation violation, "more is required for the entrapment defense than providing the opportunity to commit the crime." 

State v. Murphy

Defendant appeals her convictions for assault of an officer, refusing to submit to arrest, criminal use of an electronic weapon, and two counts of cruelty to animals. In October 2009, a state police trooper was dispatched to defendant's home to investigate complaints that she was keeping animals despite a lifetime ban imposed after her 2004 animal cruelty conviction. The appellate found each of her five claims frivolous, and instead directed its inquiry as to whether the trial court correctly refused recusal at defendant's request. This court found that the trial court acted with "commendable restraint and responsible concern for Murphy's fundamental rights," especially in light of defendant's outbursts and provocations.

State v. Peck Defendant appealed a judgment entered in the District Court after a bench trial found she committed the civil violation of cruelty to animals. Defendant contended that the court abused its discretion in quashing a subpoena that would have compelled one of her witnesses to testify; that the cruelty-to-animals statute is unconstitutionally vague; and that the record contains insufficient evidence to sustain a finding of cruelty to animals and to support the court's restitution order. The Supreme Judicial Court of Maine, however, disagreed and affirmed the lower court's judgment.