Massachusetts
Displaying 11 - 20 of 67
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| Commonwealth v. Russo | This is a case regarding an animal cruelty charge brought against defendant, the owner of an elderly, terminally ill dog. First, defendant’s family brought the fourteen-year-old dog to an animal hospital. The staff at the hospital examined the dog, which had a large mass on his side, and recommended that the dog have surgery to remove the mass. Defendant did not authorize the surgery, and instead took the dog home. Three weeks later, defendant brought the dog back to the animal hospital, where the staff noticed that his condition had worsened significantly. At this point, the veterinarian recommended humane euthanasia to end the dog’s suffering, but defendant declined and requested the surgery. The veterinarian declined, claiming the dog would not survive the surgery, and defendant took the dog home saying they would have another vet euthanize the dog. The veterinarian reported defendant to the Animal Rescue League of Boston, who conducted a welfare check on the dog and found it in very poor health. When the Animal Rescue League asked defendant to euthanize the dog or get him medical attention, defendant declined and insisted the dog would die at home. Defendants were charged with violating the animal cruelty statute, defendant’s motion to dismiss the complaint was granted, and this appeal followed. The question on appeal is whether defendant’s conduct in refusing to euthanize the dog constitutes animal cruelty under the statute. The Commonwealth argues that the animal cruelty statute covers the conduct of one who has charge of an animal but, rather than inflicting the harm directly, “authorizes or permits” the animal “to be subjected to” harm, and that keeping the dog in a state of suffering rather than euthanizing the dog fits this definition. However, after examining case law, the court could not find a case in which a person's failure to euthanize an animal was interpreted as “subjecting” an animal to harm, and did not want to extend the statute that far. The court affirmed the holding of the lower court. |
| Commonwealth v. Szewczyk | In this Massachusetts case, defendant was charged with animal cruelty after he shot a dog that had wandered onto his property with a pellet gun. The pellet was lodged in the dog’s leg and caused significant pain and discomfort to the dog. Following conviction, defendant appealed the District Court’s ruling arguing that the judge erred in denying three of his eleven requests for rulings of law.Specifically, defendant's principal argument was that he had a lawful purpose in shooting (to scare the dog off his property), his intent was justified (to insure his wife's safety on the property), and the pain inflicted by defendant shooting the dog does not fit the statutory meaning of "cruel." At the close of evidence, defendant submitted a written request for ruling under Mass. R.Crim. P.26 setting out these issues. The court held that the District Court judge correctly denied the three requests because they were clearly outside the scope of rule 26 because they called upon the judge as a fact finder to weigh the evidence presented at trial. Next, the court reviewed the facts of the case to determine whether or not a rational trier of fact could have found the elements of the crime beyond a reasonable doubt. Ultimately, the court held that a rational trier of fact would have been able to find that defendant did commit animal cruelty by shooting the dog. The court focused on the fact that the defendant could have used other means to ensure that the dog did not enter the property again without causing pain and suffering to the dog by shooting the dog in the leg. The judgment was affirmed. |
| Commonwealth v. Thorton |
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| Commonwealth v. Turner |
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| Commonwealth v. Waller | Tasha Waller was convicted of animal cruelty for starving her dog to death. As a result of this conviction, Waller was placed on probation which prohibited her from owning animals and allowed for random searches of her property. Waller appealed this decision for the following reasons: (1) the animal cruelty statute under which she was convicted was unconstitutionally vague; (2) the expert witness testimony was improper and insufficient to support her conviction; (3) she may not as a condition of her probation be prohibited from owning animals, and the condition of probation allowing suspicions searches should be modified. The court reviewed Waller’s arguments and determined the statute was not unconstitutionally vague because it is common for animal cruelty statutes to only refer to “animals” in general and not specifically mention dogs. The court noted that dogs are commonly understood to fall within the category of animals and therefore the statute was not vague. Also, the court held that the expert witness testimony from the veterinarian was not improper because the veterinarian was capable of examining the dog and making a determination as to how the dog had died. Lastly, the court held that it was not improper to prohibit Waller from owning animals, but did agree that the searches of her property should only be warranted if authorities have reasonable suspicion to search the property. Ultimately, the court upheld Waller’s conviction and probation but modified the terms in which authorities are able to search her property. |
| Commonwealth v. Whitson | This case involves an appeal of an animal cruelty conviction after defendant repeatedly stabbed a dog named Smokey, a three-year old pit bull. The incident in question occurred on a street outside of defendant's barber shop. Smokey was on-leash walking with his owner when an unleashed smaller dog ran at Smokey and began biting his ankles. Smokey responded playfully, not aggressively. The defendant responded to calls of assistance from the smaller dog's owner and helped separate the dogs. After this, the defendant returned briefly to his barbershop and came back with a knife that he used to repeatedly stab Smokey with while he restrained the dog with his other arm. The police eventually responded and defendant was taken to the hospital for a laceration on his hand where he yelled, "I'm glad I killed the [expletive] dog." Smokey survived the attack and defendant was charged and convicted. On appeal, defendant raised several arguments challenging the verdict. In particular, the defendant challenges the sufficiency of the evidence, arguing that he stabbed Smokey repeatedly to release the dog from biting his hand. The appellate court found that no defense witnesses testified that Smokey bit defendant and the no medical records corroborated defendant's version of events. Defendant also argued that the judged erred in denying his motion in limine regarding Smokey prior and subsequent "bad acts," which, defendant claimed, were relevant to the issue of Smokey as the initial aggressor. This court found that the proffered evidence of bad acts was inadmissible hearsay and the acts subsequent to Smokey's stabbing occurred too remotely to have any probative value. Finally, the court found no substantial risk of a miscarriage of justice where the judge failed to give a sua sponte necessity defense. The judgment was affirmed. |
| Detailed Discussion of Massachusetts Great Ape Laws | The following article discusses Massachusetts Great Ape law. Although Massachusetts does not have a law that specifically addresses Great Apes, several state laws cover them as protected endangered species. Its Endangered Species Act (MA ST 131A § 1 - 7) bans just about all activities related to the acquisition, possession, transport and sale of an endangered species. The Act's definition of “endangered species” specifically includes animals covered under federal law, encompassing Great Apes. The article argues that compared to other states, Massachusetts has perhaps slightly better than average laws with respect to the ownership and possession of Great Apes. The Commonwealth does not have any specific standards for keeping Great Apes in captivity, however it does reference federal standards in both its endangered species law as well as its exotic animal ban. It also does not contain the broad exception for research that many other state cruelty laws do. |
| Dunn v. Attorney General | Plaintiff and farmer James Dunn brought suit to challenge the attorney general’s certification of Massachusetts Question 3. Dunn was joined by anti-poverty activist Diane Sullivan. Both plaintiffs received funding from Protect the Harvest, a nonprofit that opposes farming restrictions, to pursue the lawsuit. Plaintiffs argued that Question 3’s ban on the production and the sale of products made from restrictively confined animals were unrelated questions. Plaintiffs also argued that the bans on confinement of egg lying hens, pregnant pigs, and calves for veal were separate issues on which voters may have varying opinions, so they should be voted on separately. They also argued that the ballot measure’s statement of purpose improperly contained an “argumentative” policy statement that taints the petition and unfairly sways public opinion. The Massachusetts Supreme Judicial Court held that the ballot measure was compliant with the state’s requirements and that the attorney general properly certified Question 3 for submission to the public. |
| GOODWIN v. E. B. NELSON GROCERY CO. |
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| Irwin v. Degtiarov | In this case, Degtiarov's unleashed dog attacked Irwin's dog without provocation. Though Irwin's dog survived, there were significant veterinary costs. Irwin brought this suit for damages in the form of veterinary costs, which were granted by the district court and affirmed by the appellate court. The sole issue on appeal considers whether damages should be capped at the market value of the dog, despite the reasonableness of the veterinary costs necessary to treat the dog's injuries. The appellate court affirms the damages for reasonable veterinary costs that were incurred for damage caused by a dog, even if these costs exceed the market or replacement value of the animal injured by the dog. |