Displaying 41 - 50 of 100
Titlesort descending Summary
State v. Moore Duane Moore appealed his conviction and sentence for second degree assault, domestic violence, after choking his wife during an argument. He argued that (1) the prosecutor committed misconduct during voir dire and closing argument when he argued facts not in evidence, made improper statements about witness credibility, and shifted the burden of proof; (2) the trial court erred when it allowed a witness to testify with a service dog; and (3) the prosecutor improperly testified at the sentencing hearing. With regard to the testimony dog issue, the court found that defendant failed to raise the issue at trial and thus failed to preserve this issue for appeal. Further, defendant failed to prove that any alleged errors were manifest. There is no evidence in the record that the dog's presence made Ms. Moore appear traumatized or victimized, and thereby violated Mr. Moore's due process rights, or acted as a comment on the evidence. The court rejected defendant's argument and affirmed the trial court.
State v. Nelson

Defendants in this Washington case appeal their convictions of animal fighting and operating an unlicensed private kennel. They contend on appeal that the trial judge abused her discretion by allowing an expert from the Humane Society to render an opinion on whether the evidence showed that the defendants intended to engage in dogfighting exhibitions. The Court of Appeals held that the judge did not abuse her discretion in admitting the expert's opinion. The opinions offered by the expert were based on the evidence and the expert's years of experience. The court found that the expert's opinion was a fair summary and reflected the significance of the other evidence offered by the prosecution. Further, the expert's opinion was proffered to rebut defendants' contention that the circumstantial evidence (the veterinary drugs, training equipment, tattoos, etc.) showed only defendants' intent to enter the dogs in legal weight-pulling contests. Defendants convictions for animal fighting and operating an unlicensed private kennel were affirmed.

State v. Overholt

Defendant was convicted of several counts of second degree unlawful hunting of big game after a game agent (“agent”) followed vehicle tracks to Defendant’s home upon finding fresh cow elk gut piles, and Defendant showed the agent two cow elk carcasses hanging in Defendant’s shed.


On appeal, the


of Appeals of Washington, Division 3 found that because the agent was in fresh pursuit of criminal activity and did not enter Defendant’s property with the intent to obtain consent to search in order to evade a search warrant, the agent was not obligated to issue


warnings, and that suppressing the seized carcasses from evidence would not have altered the outcome of the case in light of the substantial evidence obtained prior to seizing the carcasses.

State v. Peterson

In this case, defendant appeals six counts of first degree animal cruelty charges. On appeal, the defendant argued that (1) the statute she was convicted under, RCW 16.52.205(6), was unconstitutionally vague; that (2) starvation and dehydration were alternative means of committing first degree animal cruelty and that (3) there was no substantial evidence supporting the horses suffered from dehydration. The defendant also argued that the Snohomish Superior court had no authority to order her to reimburse the county for caring for her horses. The appeals court, however, held that RCW 16.52.205(6) was not unconstitutionally vague; that starvation and dehydration were alternative means to commit first degree animal cruelty, but there was substantial evidence to support the horses suffered from dehydration; and that the superior court had authority to order the defendant to pay restitution to the county.
State v. Smith

In this Washington case, defendant Smith appealed his conviction for first degree animal cruelty following the death of his llama. Smith claims he received ineffective assistance of counsel when his attorney failed to (1) discover information before trial that may have explained the llama's death and (2) seek a lesser included instruction on second degree animal cruelty. This court agreed. It found that defense counsel's "all or nothing strategy" was not a legitimate trial tactic and constituted deficient performance where counsel presented evidence to call into question the State's theory on starvation, but not evidence related to the entire crime. The court found that the jury was "left in an arduous position: to either convict Smith of first degree animal cruelty or to let him go free despite evidence of some culpable behavior." The case was reversed and remanded.

State v. Vander Houwen

The owner of severely damaged orchards was convicted for shooting some of the responsible animals after repeated requests for state remedies were unsuccessful. The damage to defendant's orchard (with estimated losses of over $200,000 for future cherry production) occurred in 1998 and 1999, when herds of elk repeatedly came through inadequate fencing constructed by the State. The Supreme Court held that when a property owner charged with unlawful hunting or waste of wildlife presents sufficient evidence that he exercised his constitutional right to protect his property from destructive game, the burden shifts to the State to disprove this justification. In this case, the defendant was denied jury instructions regarding his constitutional right to reasonably protect his property.

Storms v. Fred Meyer Stores, Inc.

This Washington discrimination case was brought by a dog owner (Storms) with psychiatric conditions against a store and its managers who refused to allow her to stay in store with her alleged service dog. The dog was trained to 

put herself between Storms and other people so as to keep an open area around Storms and alleviate her anxiety (a symptom of her post-traumatic stress syndrome). The appellate court found that there was sufficient evidence to establish a prima facie case of discrimination against Fred Meyer for refusing to allow her to shop accompanied by her dog. Testimony showed that Brandy had been specifically trained to help Storms with her particular disability by placing herself in between Storms and others in a way that alleviated her anxiety, which was further corroborated by testimony that Brandy engaged in such behavior. Thus, evidence showed that the defendants' violated RCW 49.60.215 by not allowing Storms to do her own shopping within the store because she was accompanied by a service animal.

WA - Assistance Animal - Assistance Animal/Guide Dog Laws

The following statutes comprise the state's relevant assistance animal and guide dog laws.

WA - Beavers - 77.32.585. Release of wild beavers

This Washington law states that the department shall permit the release of wild beavers on public and private lands with agreement from the property owner under specified conditions.

WA - Buckely - Breed - Chapter 9.10 (Pit Bull Ordinance)

In Buckely, Washington, pit bulls are defined to be “dangerous dogs." Such dogs are considered to be a public nuisance and shall be humanely destroyed or removed from the city.