Ohio

Displaying 81 - 90 of 100
Titlesort descending Summary
State v. Amos After witnessing the 73 year old defendant-appellant emerge from area by the veterinary's dumpster holding an empty, wire cage animal trap, an employee of the clinic followed the defendant-appellant's car and obtained the vehicle's license plate number. Upon returning to the dumpster, the employee found a kitten with matted eyes that seemed unhealthy. The defendant-appellant was charged with one count of animal abandonment in violation of R.C. 959.01 and was found guilty. Defendant-appellant appealed her conviction and sentence on the grounds that the court erred in finding beyond a reasonable doubt that she was a keeper or, if she was a keeper, the court erred in determining that she abandoned the animal. The Ohio Court of Appeals held that once the defendant captured the animal in a cage, she assumed the responsibility that she would treat the animal humanely and could therefore be considered a “keeper.” Since Amos captured the animal and released it in another location without taking steps to make sure the animal would be found, the Ohio Court of Appeals also held that a reasonable person could have found beyond a reasonable doubt that the defendant-appellant had “abandoned” the animal. The judgment was therefore affirmed.
State v. Anello


In this Ohio case, after police received a complaint about possible neglect of dogs located in a barn, an officer went to investigate and entered the barn through an unlocked door. The Humane Society then assisted the department in seizing forty-two dogs. Defendant-Anello was convicted by jury of two counts of animal cruelty. On appeal, defendant contended that the trial court erred in denying the motion to suppress illegally obtained evidence: to wit, the dogs from the barn. The appellate court disagreed, finding that the barn was not included within the curtilage of the residence since it was leased by a different person than the owner of the house (who had moved out of state). Further, the plain view/exigent circumstances exceptions came into play where the officers heard barking, smelled "overwhelming" urine odors, and observed through a window seventeen animals confined in cages that were stacked three high while the temperature outside was eighty degrees with high humidity. 

State v. Conte


Plaintiff-appellant, State of Ohio/City of Bexley, appeals from a judgment of the Franklin County Municipal Court dismissing the indictment against defendant-appellee, Joseph Conte. Appellant cited appellee for violating Bexley City Code 618.16(e), entitled “Dangerous and Vicious Animal.” Two days later, animal control then issued another citation against appellee for allowing his dog to run free without restraint in violation of Bexley City Code Section 618.16(e). In granting appellee's motion to dismiss, the trial court struck down a portion of Bexley City Code 618.16(e) as unconstitutional that provided that the owner of a vicious or dangerous animal shall not permit such animal to run at large. On appeal, this court found that the ordinance was not unconstitutional where the prosecution must prove at trial that the dog is vicious or dangerous as an element of the offense. 

State v. Cowan


A neighbor of the owner of 3 dogs complained to the dog warden, alleging that two of the dogs bit her.  The dog warden then advised the owner that her dogs were dangerous and vicious and that she must follow the statutory rules for owning vicious dogs.  When she failed to follow those statutory rules, she was criminally prosecuted.  The Supreme Court of Ohio said that her constitutional right to due process was infringed because she had no chance before trial to challenge the designation of her dogs as vicious.

State v. Davidson


In this Ohio case, defendant was convicted of 10 counts of cruelty to animals resulting from her neglect of several dogs and horses in her barn.  On appeal, defendant argued that the evidence was insufficient where the prosecution witness did not state the dogs were "malnourished" and said that a couple were reasonably healthy.  The appellate court disagreed, finding that defendant mischaracterized the veterinarian's testimony and that there was no requirement to prove malnourishment.  Further, the dog warden testified that she did not find any food or water in the barn and that the animals' bowls were covered with mud and feces.

State v. Gaines


Defendant, who pleaded guilty to 2 counts of dogfighting, challenged the constitutionality of the dogfighting statute and appealed a court-imposed forfeiture of cash and other seized items. The Court of Appeals ruled that: (1) dogfighting statute was not unconstitutionally vague or overbroad; (2) statute did not violate equal protection or constitute cruel and unusual punishment on ground that violation constitutes fourth-degree felony while violation of statute prohibiting other animal fights is only a fourth-degree misdemeanor; and (3) despite guilty plea, forfeiture of cash and other items was erroneous absent establishment of direct connection with defendant's illegal dogfighting activities.




State v. Jacobs The defendant, Michael Jacobs, was convicted of unlawful sexual conduct with a minor and corrupting another minor with drugs, receiving a prison sentence of four years. The victim testified with a “companion dog” at her feet. Among other assignments of error, Jacobs argued that he was denied his right to a fair trial because of the presence of the companion dog during the victim’s testimony. The child was under 15 at the time of the alleged abuse, but 17 years old when she testified. The Ohio appellate court concluded that the use of a companion dog in such a case was a matter of first impression in the state, though other comfort items, such as teddy bears had previously been used in similar situations in Ohio courts. To the defense’s objection that the witness was no longer under 15 at the time of her testimony, the appellate court stated that the defense had “failed to offer any authority to support the proposition that there is a certain age cut-off for the use of special procedures on behalf of alleged sexual abuse victims.” The court concluded that Ohio Evidence Rule 611(A), which provides that a trial court is to exercise “reasonable control over the mode and order of interrogating witnesses…” and to “protect witnesses from harassment or undue embarrassment,” was sufficiently flexible to allow the use of the dog during the trial. Having overruled all of Jacobs' assignments of error, the court affirmed the judgment of the Summit County Court of Common Pleas.
State v. Mallis


Appellant, Cheryl Mallis, appealed the judgment of the Youngstown Municipal Court convicting her on one count of failure to confine a vicious dog and one count of failure to confine a dog. She was originally charged with two counts of violating the vicious-dog statute, R.C. 955.22(D)(1), and she moved to have those charges dismissed prior to trial. The motion was overruled, and appellant now challenges that ruling on appeal. The Court of Appeals held that the state could not prosecute the dog owner for failure to confine a vicious dog under the vicious dog statute since the statute had previously been declared by the Supreme Court to be unconstitutional on its face and had not been amended or modified thereafter.

State v. Saurman


The court reaffirmed the tenet that it is a proper exercise of state police power to adopt measures to protect wild animals as a resource for all citizens.  In doing so, the court held that it was a proper exercise of police power for the legislature of Ohio to enact a wild animal "shining" prohibition.  Appellants challenged the law as unconstitutional because it ostensibly outlawed otherwise innocent conduct, as an individual can shine for wild animals without the purpose of hunting those animals.  The court disagreed, finding that the statute's purpose was to counteract the problems related to enforcement, since it was difficult to ascertain which individuals shining from vehicles also carried hunting implements. 

State v. Troyer (Unpublished) Defendant was convicted of killing a non-game bird (owl) while defending his collection of exotic and native birds.  The court finds that defendant rightfully engaged in conduct to defend his property against depredation by owls.  The court carefully notes the owl is an abundant species in Ohio, and that the burden on the property owner would be greater if the species at issue were endangered or threatened, like an eagle.

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