North Carolina
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State v. Johnson | In this North Carolina case, Defendant Jeffrey Lee Johnson appeals from judgments entered upon guilty verdicts of one count of felony cruelty to animals and two counts of misdemeanor cruelty to animals. The conviction stems from a search of defendant's property after a phone call was made to animal control about a strong smell was coming from the property. After failing to reach the defendant by phone, animal control officers drove to the property and observed a "very, very strong odor" of ammonia, feces, and "the smell of rot." As the officers walked up the driveway, they encountered a chained dog ("Chubby") who presented with an irritated neck, worn down teeth, overgrown nails, and multiple scabs. Other dogs were observed without access to water, including a box filled with puppies and dried feces. This prompted the officers to check on the other dogs in the backyard. One dog was breathing shallowly and appeared at first to be deceased. After sending photos of the dogs to the magistrate, probable cause was found to charge the defendant with animal cruelty and impound the dogs for their safety. In total, 21 dogs were seized, two of which had to be euthanized. At trial, the court denied defendant's motion to suppress, and defendant was ultimately convicted at trial. On Appeal, defendant argues that the trial court plainly erred by concluding that a warrantless search of his home's curtilage was reasonable due to exigent circumstances and by denying his motion to suppress the evidence seized as a result of that search and the search of his home. This court found that there was no unreasonable search since it occurred while officers were walking up the driveway and "in a place where the public is allowed to be." The seizure of the dog Chubby was justified under the plain view doctrine. In addition, the officers held a reasonable belief that the other dogs observed on the property needed immediate aid to prevent further suffering. Thus, exigent circumstances existed supporting the seizure of the other dogs. Finally, after the plain view discoveries, there was a substantial basis for probable cause to search the property and its buildings that supported the search warrant that was eventually granted. The dogs were present and would have fallen under the inevitable discovery exception to the exclusionary rule. Accordingly, this court held that the trial court did not err by denying defendant's motion to suppress. |
State v. Mauer |
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State v. Maynard |
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State v. Neal |
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State v. Wood |
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Williams v. Reynolds | This is an action for veterinary malpractice brought by the owner of a horse against a veterinarian that performed the castration surgery that led to the death of the horse. The trial court refused to allow a veterinarian with experience practicing in the same area and with a similar background to testify about whether he was familiar the accepted standards or to answer questions to elicit his opinion about whether defendant's treatment of the horse was unacceptable for practicing veterinarians in the area. The trial court then granted defendant's motion for a directed verdict, and this appeal followed. The court held that the judge erred in excluding the testimony, and reversed and remanded the case. |