Anti-Cruelty

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Titlesort descending Summary
Martinez v. State


A jury may infer a culpable mental state ("intentionally and knowingly") from the circumstances surrounding the offense of cruelty to animals.
Maryland General Laws Supplement 1890-1898: Cruelty to Animals The Maryland General Laws supplement covers the additions to the Cruelty of Animals statutes for Maryland from 1890-1898. The amendments cover court procedure to implementation of specific laws for certain animals.
Massachusetts 1854-1859: Chapter 96: An act to prevent cruelty to animals Section 1 from Chapter 96 of Massachusetts General Laws of 1859 covers cruelty to animals.  Specifically, the law covers what qualifies as cruelty to animals and the punishment for it.
Massachusetts General Law Statutes 1860-1872: Chapter 344: Sections 1-3 The Massachusetts law from 1869 stated in Chapter 344 concerns the treatment of animals. The first section is a generic animal cruelty act. The second section details the punishment for owners of animals that allow their animals to be treated cruelly by a third party. The third section concerns the treatment of animals during transportation.
Massachusetts General Law Statutes 1921: Sections 77-96 The 1921 of Massachusetts General Laws sections 77-96 cover the following topics: animal cruelty, treatment of horses, bird fighting, shooting of pigeons, procedural issues concerning an arrest for cruelty to animals, and transportation of animals.
Matter of Ricco v Corbisiero


Petitioner harness race-horse driver was suspended by the New York State Racing and Wagering Board, Harness Racing Division for 15 days for failing to drive his horse to the finish. The driver argued that whipping the horse had not improved his performance. Considering that the horse had equaled his best time, and had lost by only two feet, and that it would have been a violation of the New York anti-cruelty law (Agriculture and Markets Law ( § 353) to overdrive the horse, the court overturned the suspension.
Matter of Ware After the Lewis County Prosecuting Attorney's Office's decided not to issue charges in an animal abuse case, two private citizens sought to independently initiate criminal charges. One person filed a petition for a citizen's complaint in district court and, after that was denied, another person filed a petition to summon a grand jury. On appeal, those appellants argue that the lower court erred in not granting their petitions. The animal cruelty claim stems from an incident in 2016, where a woman filed a report with police stating that a neighbor had killed her mother's cat by throwing a rock at the cat and stabbing it with a knife. Witnesses gave similar account of the abuse of the cat by the neighbor. The responding police officer then determined that there was probable cause to arrest the suspect for first degree animal cruelty. The officer found the cat's body and photographed the injuries, although the officer could not determine whether the cat had been stabbed. Subsequently, the prosecuting attorney's office declined to file charges because the actions related to the animal's death were unclear. Additionally, the cat's body was not collected at the scene to sustain a charge.
McCall v. Par. of Jefferson Defendant appeals a judgment from the 24th Judicial District Court (JDC) for violations of the Jefferson Parish Code. In 2014, a parish humane officer visited defendant's residence and found over 15 dogs in the yard, some of which were chained up and others who displayed injuries. Initially, defendant received a warning on the failure to vaccinate charges as long as he agreed to spay/neuter the animals. Defendant failed to do so and was again found to have numerous chained dogs that did not have adequate food, water, shelter, or veterinary care. He was ordered to surrender all dogs in his possession and was assessed a suspended $1,500 fine. On appeal, defendant claims he was denied a fair hearing because he was denied the opportunity to cross-examine witnesses and present evidence. This court disagreed, finding that the JDC functioned as a court of appeal on the ordinance violations and could not receive new evidence. Before the JDC hearing, this court found defendant was afforded a hearing that met state and local laws. The JDC judgment was affirmed.
McCall v. State


Open fields doctrine; warrantless seizure. It was not unreasonable for humane society members to enter defendant's land and seize dogs where the dogs were kept in an open field clearly in view of neighbors and others, and where it was apparent that the dogs were emaciated and not properly cared for.
McCausland v. People
Action by the People of the State of Colorado against William J. McCausland.  From a judgement overruling defendant's motion to dismiss and finding him guilty of cruelty to animals, he brings error.  Affirmed.

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