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State v. Shook (Unpublished) |
Defendant Shook (a non-tribal member) shot and killed a whitetail buck on private property within the exterior boundaries of the Flathead Indian Reservation. Under Wildlife and Parks Commission hunting regulations, big game hunting privileges on Indian Reservations are limited to tribal members only, thereby closing the hunting season to non-tribal members. On appeal, Shook contended that the regulation was a violation of equal protection because it discriminated based on race. The court disagreed, finding the classification was political rather than racial because it was established through treaty with the federal government and recognized the unique federal obligation toward Indians. Thus, the court found the regulation was an "entirely rational" means to preserve wildlife populations for hunting by Indians.
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State v. Siliski |
In this Tennessee case, the defendant, Jennifer Siliski, was convicted of nine counts of misdemeanor animal cruelty. Williamson County Animal Control took custody of over two hundred animals forfeited by the defendant as a result of her criminal charges and convictions. Third parties claiming ownership of some of the animals appeared before the trial court and asked for the return of their animals. This appeal arises from third parties claiming that they were denied due process by the manner in which the trial court conducted the hearing regarding ownership of the animals and that the trial court erred in denying their property claims. The appellate court concluded that the trial court did not have jurisdiction in the criminal case to dispose of the claims, and reversed the judgment.
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State v. Siliski |
The defendant operated a dog breeding business, “Hollybelle's Maltese,” in which she bred purebred Maltese dogs in her Franklin home, advertised the resulting puppies on an Internet website, and shipped the puppies to buyers located around the country. She was convicted by a Williamson County Circuit Court jury of eleven counts of animal cruelty. The main issue on appeal concerned the imposition of sentence, which included both consecutive terms of probation and a permanently prohibition from engaging in any commercial activity involving animals. The appellate court affirmed the defendant's convictions but concluded that the trial court erred by ordering consecutive periods of probation in conjunction with concurrent sentences. However, the court found that the trial court's permanent prohibition against her buying, selling, breeding, or engaging in any commercial activity involving animals was authorized by the animal cruelty statute. As the court stated, "Given this proof and the court's findings, we cannot conclude that the trial court erred in ordering that the defendant be permanently barred from engaging in commercial activity with respect to dogs."
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State v. Silver |
In this case, the defendant was found guilty on multiple counts of animal abuse after failing to provide minimally adequate care for his herd of alpacas. The defendant was charged with a felony count (Count 1) and a misdemeanor count (Count 6) of first-degree animal abuse. On appeal, the defendant argued that the trial court erred by not merging the multiple guilty verdicts into a single conviction. The state agreed that the trial court did err in its decision not to merge the verdicts; however, the state argued that the mistake should not require resentencing. The defendant argued that the court should follow its previous decisions and order a remand for resentencing. Ultimately, the court remanded the case for resentencing under ORS 138.222(5)(b). The state argued that language of ORS 138.222(5)(b) should be interpreted not to include merger errors. The court disagreed with this argument and relied on its decision in previous cases that interpreted the language of the statute more broadly. Additionally, the court held that if the state’s disapproval of the ORS 138.222(5)(b) is something that should be dealt with by the legislature and not the court. |
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State v. Smith |
This case involves the construction of a Hoboken, New Jersey dangerous dog ordinance in light of the state Vicious and Potentially Dangerous Dog Act. The owner's dog that was the subject of this case was ordered by the municipal court to be destroyed after it bit a person on the hand. In applying the relevant preemption test, the court found that the Act preempted any city ordinance purporting to cover same subject. As noted by the court, it was the procedural conflict that caused the most concern. Thus, because the procedural/jurisdictional defect in the ordinance was not cured, the municipal court lacked jurisdiction to hear the case.
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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.
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State v. Smith |
A defendant was charged and convicted of one count of permitting a dog to roam at large. Upon appeal, the defendant argued the statute he was convicted under was unconstitutionally vague and that he was convicted under insufficient evidence. Defendant contended that simply having his dog off-leash did not mean that it was roaming at large and not under his control where the dog responded to verbal commands. The court rejected both of defendant's arguments, finding that the plain language of the statute clearly prohibits an owner allowing a dog to move freely on another's property unrestrained and not under the owner's direct influence.
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State v. Spade |
In 2006, appellant was charged with one count of animal cruelty after 149 dogs were seized from her rescue shelter. The Supreme Court of Appeals of West Virginia held that, since the appellant (1) entered into a valid plea agreement which "specifically and unequivocally reserved a restitution hearing" and (2) "attempted on numerous occasions to challenge the amounts she was required by the magistrate court to post in separate bonds," that the final order of the Circuit Court of Berkeley County should be reversed. Accordingly, the court found that the plaintiff was entitled to a restitution hearing to determine the actual reasonable costs incurred in providing care, medical treatment, and provisions to the animals seized.
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State v. Spreitz |
The court held that admission of photographs of the victim was harmless because based on the overwhelming evidence against defendant, the jury would have found him guilty without the photographs.
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State v. Taffet (unpublished) |
The State of New Jersey, through the Borough of Haddonfield, appeals from the final judgment of the Law Division, which reversed the finding of the municipal court that defendant's dog is a potentially dangerous dog pursuant to N.J.S.A. 4:19-23(a) as well as the imposition of certain measures to mitigate any future attacks. Defendant, a resident of Haddonfield, owns, breeds, and shows four Rhodesian Ridgebacks kept at his home in a residential neighborhood. The Superior Court concluded that the Law Division's did not properly defer to the trial court's credibility determinations and were not supported by sufficient credible evidence. The court found that the dog's dual attacks causing bodily injury to two individuals were undisputed, and along with evidence of more recent intimidating activity in the neighborhood, the municipal court could have reasonably concluded that the dog posed a more serious threat to cause bodily injury to another.
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