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State v. Meerdink |
After defendant/appellant took a baseball to the head of and consequently killed a 7-month-old puppy, the Iowa District Court of Scott County found defendant/appellant guilty of animal torture under Iowa Code section 717B.3A (1). Defendant/appellant appealed the district court's decision, arguing that the evidence shown was insufficient to support a finding he acted “with a depraved or sadistic intent,” as stated by Iowa statute. The appeals court agreed and reversed and remanded the case back to district court for dismissal. Judge Vaitheswaran authored a dissenting opinion.
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State v. Mercedes |
State v. Mercedes addresses the constitutionality of a warrantless search under article I, section 7 of the Washington Constitution, which protects against unlawful invasions of privacy. The defendant, Mary Mercedes, challenged the validity of consent given to animal control officers to search her property, where evidence of animal cruelty was discovered. The trial court suppressed the evidence, ruling that Ferrier warnings—requiring officers to inform individuals of their right to refuse, limit, or revoke consent—were necessary. The Court of Appeals reversed, holding that Ferrier warnings apply only to searches of a person’s home, not outdoor property. The Washington Supreme Court affirmed, concluding that the officers’ investigative purpose—responding to animal cruelty complaints and monitoring compliance—did not trigger Ferrier requirements. The court emphasized that Ferrier applies narrowly to warrantless searches of homes for contraband or evidence of a crime, not to outdoor property inspections for regulatory or investigative purposes. The case was remanded to determine whether consent was voluntary under the totality of the circumstances. |
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State v. Milewski |
This Florida case involves the appeal of defendant's motion to suppress evidence in an animal cruelty case. Specifically, defendant Milewski challenged the evidence obtained during the necropsy of his puppy, alleging that he did not abandon his property interest in the body of the deceased dog because he thought the puppy's remains would be returned to him in the form of ashes. The necropsy showed that the puppy suffered a severe brain hemorrhage, extensive body bruises, and a separated spinal column that were consistent with severe physical abuse (which was later corroborated by Milewski's confession that he had thrown the dog). The trial court granted the motion to suppress and further found that law enforcement infringed on defendant's rights as the "patient's owner" when they interviewed the veterinarian and obtained veterinary records without consent or a subpoena, contrary to Florida law. On appeal, this court found that the Fourth Amendment does not extend to abandoned property. When Milewski abandoned his puppy's remains for the less-expensive "group cremation" at the vet's office, he gave up his expectation of privacy. As such, the court found that he was not deprived of his property without consent or due process when animal services seized the puppy's remains without a warrant. Further, this court found that there was no basis to suppress the veterinarian's voluntary statements about the puppy's condition or the necropsy report. The motion to suppress was reversed as to the doctor's statements/testimony and the evidence from the necropsy. The trial court's suppression of the hospital's medical records obtained without a subpoena was affirmed. |
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State v. Morival |
Defendant moved to dismiss charges of two felony counts of animal cruelty. The District Court of Appeal held that systematically depriving his dogs of nourishment was properly charged as felony animal cruelty rather than misdemeanor. Defendant fed his dogs so little that they suffered malnutrition over an extended period of time. This amounted to repeated infliction of unnecessary pain or suffering.
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State v. Mortensen |
Defendant found guilty of Cruelty to Animals under a State statute after firing a pellet gun at/toward a cat which was later found with and died from a fatal wound.
On Defendant’s appeal, the
Intermediate Court of Appeals of Hawai’i affirmed the lower court’s decision, finding that evidence that Defendant knowingly fired the pellet gun at a group of cats within the range of such a gun was sufficient to find that Defendant recklessly shot and killed the cat.
In making its decision, the Court of Appeals further found that the legislature clearly did not intend for a cat to be considered vermin or a pest for purposes of the relevant State anti-cruelty statute’s exception, and instead clearly intended for a cat to be considered a “pet animal.”
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State v. Mumme |
In this unpublished Louisiana case, the defendant was charged with “cruelty to an animal, to wit, a bat, belonging to Julian Mumme, by beating the animal with a bat causing the animal to be maimed and injured.” After the first witness was sworn at trial, the State moved to amend the information to strike the phrase “to wit: a bat." On appeal, defendant alleged that this was improper, a mistrial should have been declared, and the State should be prohibited from trying him again. The Court of Appeal of Louisiana, Fourth Circuit disagreed with defendant, holding that the amendment corrected a defect of form, not a defect of substance (as allowed by La.C.Cr.P. art. 487), and that the trial court correctly allowed the bill to be amended during trial.
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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.
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State v. Neal |
The defendant was convicted under North Carolina's cruelty to animal statute for the killing of his neighbor's chickens. The defendant appealed to the Supreme Court because the trial court refused to give some of his instructions to the jury. The Supreme Court that the lower court was correct and affirmed.
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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.
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State v. Newcomb |
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