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State v. Kingsbury |
A cruelty to animals case. The State alleged that the appellees tortured four dogs by leaving them without food and water, resulting in their deaths. Examining section 42.09 of the Texas Penal Code, Cruelty to Animals, the Court found that “torture” did not include failure to provide necessary food, care, or shelter. The Court held that the criminal act of failing provide food, care and shelter does not constitute the felony offense of torture.
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State v. Kuenzi |
Defendants Rory and Robby Kuenzi charged a herd of 30 to 40 deer with their snowmobiles, cruelly killing four by running them over, dragging them, and leaving one tied to a tree to die. The two men were charged with a Class I felony under Wisconsin § 951.02, which prohibits any person from “treat[ing] any animal ... in a cruel manner.” The Court concluded that the definition of “animal” included non-captive wild animals and rejected the defendants’ argument that they were engaged in “hunting.” The court reinstated the charges against the men.
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State v. Kyles |
The Supreme Court of Ohio addressed whether R.C. 959.131(C), which prohibits causing serious physical harm to a companion animal, applies to all dogs and cats or only those that are "kept." The case arose from the conviction of Alonzo Kyles for animal cruelty after he poured bleach on a cat, causing injury. The Eighth District Court of Appeals reversed Kyles's conviction, holding that the statute required the cat to be "kept" (i.e., cared for) to qualify as a companion animal. The Supreme Court disagreed, interpreting the statute’s use of "any dog or cat regardless of where it is kept" as expansive, protecting all dogs and cats irrespective of ownership or care. The Court reversed the appellate decision and remanded the case for further proceedings on Kyles's remaining arguments. |
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State v. Marcellino |
Bianca Marcellino was charged and convicted of two counts of cruelty to animals after a search of her residence revealed two horses that were in need of emergency medical aid. Marcellino was ordered to pay restitution and she subsequently appealed. Marcellino argued that the trial court abused its discretion by denying the motion for a Franks hearing where there were affidavits demonstrating material false statements in the affidavit for the search warrant. The Court contended that the trial court did not err in failing to hold a Franks hearing because even if the Court sets aside the alleged false statements in the affidavit, there remained an overwhelming amount of sufficient statements to support a finding of probable cause. The Court also held that trial courts have the authority to order restitution only to the actual victims of an offense or survivors of the victim, therefore, the award of restitution to the humane society was not valid because humane societies are a governmental entity and cannot be victims of abuse. The Court ultimately affirmed the judgment of the municipal court and reversed and vacated the order of restitution.
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State v. Marsh |
Without defendant's consent or knowledge, a state animal inspector surveyed defendant's property on two occasions. Without prior notice to or consent of defendant, the State seized all of defendant's dogs. The court stated that warrantless searches and seizures had to be limited by order, statute, or regulation as to time, place, and scope in order to comport with the requirements of the Fourth Amendment. Because the Act and the order failed to so limit the search, the court concluded that it was unreasonable and unlawful.
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State v. Mauer |
In this North Carolina case, Defendant appealed her conviction for misdemeanor animal cruelty. Defendant primarily argued that the “evidence failed to establish that mere exposure to the living conditions constituted torment as defined by § 14-306(c).” The Court disagreed, finding that the stench of defendant's residence required the fire department to bring breathing apparatus for the animal control officers and urine and feces coated "everything" in the house, including the cats, was sufficient to support a conclusion by a reasonable jury that defendant “tormented” cat C142, causing it unjustifiable pain or suffering. The Court, however, vacated the order of restitution for $ 259.22 and remanded for a hearing on the matter because there was no evidence presented at trial supporting the award.
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State v. McDonald |
A woman was convicted of fifty-eight counts of animal cruelty after animal control officers found fifty-eight diseased cats in her trailer. The trial court sentenced the woman to ninety days of jail time for each count, but revised the sentence to include two days of jail time, two years of formal probation, and twelve and a half years of informal probation. The Court of Appeals affirmed the conviction, but found that fourteen and a half years probation exceeded the court's statutory authority.
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State v. McIntosh |
This case is an appeal following the defendant's conviction of animal abuse and assault in the fourth degree. Defendant claimed that the trial court erred in convicting him of animal abuse due to insufficient evidence showing that he purposely caused suffering to the dog he allegedly abused. The event that led to defendant's conviction was witnessed by a neighbor, who saw the defendant in his backyard swinging a small dog through the air by its leash and collar. The neighbor also saw defendant climb on top of the dog to choke it and slam its head into the ground. The neighbor testified at trial about these events, and the trial court found defendant guilty of animal abuse and assault in the fourth degree. The court of appeals held that there was sufficient evidence, consisting of the neighbor's testimony, and affirmed the judgment of the trial court. |
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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. |
