United States

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Titlesort descending Summary
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. Newcomb
State v. Nix In this criminal case, defendant was found guilty of 20 counts of second-degree animal neglect. Oregon's “anti-merger” statute provides that, when the same conduct or criminal episode violates only one statute, but involves more than one “victim,” there are “as many separately punishable offenses as there are victims.” The issue in this case is whether defendant is guilty of 20 separately punishable offenses, which turns on the question whether animals are “victims” for the purposes of the anti-merger statute. The trial court concluded that, because only people can be victims within the meaning of that statute, defendant had committed only one punishable offense. The court merged the 20 counts into a single conviction for second-degree animal neglect. On appeal, the Court of Appeals concluded that animals can be victims within the meaning of the anti-merger statute and, accordingly, reversed and remanded for entry of a judgment of conviction on each of the 20 counts and for resentencing. The Supreme Court agreed with the Court of Appeals and affirmed. Thus, in Oregon, for the purposes of the anti-merger statute, an animal, rather than the public or an animal owner, is a “victim” of crime of second-degree animal neglect.
State v. Nix

Upon receiving a tip that animals were being neglected, police entered a farm and discovered several emaciated animals, as well as many rotting animal carcasses. After a jury found the defendant guilty of 20 counts of second degree animal neglect, the district court, at the sentencing hearing, only issued a single conviction towards the defendant. The state appealed and argued the court should have imposed 20 separate convictions based on its interpretation of the word "victims" in ORS 161.067(2). The appeals court agreed. The case was remanded for entry of separate convictions on each guilty verdict. 
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


Court


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

Ferrier

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. Peabody This Georgia case involves a former police lieutenant who was indicted on two counts of aggravated cruelty to animals after he left his K-9 named Inka locked in his police vehicle while he attended to tasks inside his home. The dog died after being left inside the vehicle, which had all doors and windows closed with no A/C or ventilation running. The state appeals the trial court's grant of defendant's motion to quash the indictment. Specifically, the state argues that OCGA § 17-7-52 (a law that requires at least a 20-day notice prior to presentment of a proposed indictment to a grand jury when a peace officer is charged with a crime that occurred in the performance of his or her duties) is inapplicable. The state did not send defendant a copy of the proposed indictment before it presented the case to the grand jury. The state contends defendant "stepped aside" from his police-related duties and was therefore not afforded the protections of OCGA § 17-7-52. This court disagreed with that assessment. Since Peabody was responsible for the care and housing of Inka as her K-9 handler, leaving her unattended, albeit in an illegal manner, was still in performance of his police duties. As such, Peabody was entitled to the procedural protections of the statute according to the appellate court. The trial court's motion to quash his indictment was affirmed.
State v. Peck Defendant appealed a judgment entered in the District Court after a bench trial found she committed the civil violation of cruelty to animals. Defendant contended that the court abused its discretion in quashing a subpoena that would have compelled one of her witnesses to testify; that the cruelty-to-animals statute is unconstitutionally vague; and that the record contains insufficient evidence to sustain a finding of cruelty to animals and to support the court's restitution order. The Supreme Judicial Court of Maine, however, disagreed and affirmed the lower court's judgment.
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. Pierce


The Defendant was charge with cruelty to animals for the killing of a certain spotted bull, belonging some person to the jurors unknow.  The lower court found the Defendant guilty.  The Defendant then appealed to the Supreme Court seeking review of whether the defense of provocation could be used.  The Court determined the answer to be yes. Thus the Court reversed and remanded the case.
State v. Pinard


In this Oregon case, Defendant shot his neighbor's dog with a razor-bladed hunting arrow. The neighbor euthanized the dog after determining that the dog would not survive the trip to the veterinarian. Defendant was convicted of one count of aggravated first-degree animal abuse under ORS 167.322 (Count 1) and two counts of first-degree animal abuse under ORS 167.320 (Counts 3 and 4). On appeal, Defendant contends that he was entitled to acquittal on Counts 1 and 4 because there was no evidence that the dog would have survived the wound. The court here disagreed, finding "ample evidence" from which a trier of fact could have found that the arrow fatally wounded the dog. As to Defendant's other issues the the merging of the various counts, the accepted one argument that Counts 3 and 4 should have merged, and reversed and remanded for entry of a single conviction for first-degree animal abuse.

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