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Animal Law
 
Raynaldo Rivera Ortiz Texas Fifth Court of Appeals, Dallas Texas

In his first issue, appellant contends the evidence is legally insufficient to prove he
committed cruelty to a nonlivestock animal. The information alleged appellant “intentionally,
knowingly, and recklessly caused bodily injury to an animal, to-wit: a dog by shooting the dog
with a pellet gun, without the effective consent of Roxanne Bogdan, the owner.” See TEX. PENAL
CODE A... More...
   $0 (01-17-2018 - TX)

STATE OF TENNESSEE v. MATTHEW GLEN HOWELL COURT OF CRIMINAL APPEALS OF TENNESSEE

In April 2015, the Davidson County Grand Jury charged the defendant with one count each of resisting arrest and aggravated assault by causing the victim, Liela Avila, to fear bodily injury by use or display of a deadly weapon. The trial court conducted a jury trial in February 2016.
The State’s proof at trial showed that the victim moved to Nashville in early September of 2014 to pursue a car... More...
   $0 (01-13-2018 - TN)

State of Tennessee v. Mario Donte Keene Mario Keene Sentenced To Life In Prison

Amanda Harris, who was charged with felony murder for her participation in the victim’s death, testified at trial that, prior to her participation in the offenses at issue, she was addicted to crack cocaine and Xanax. She stated that she had taken drugs since she was in the eighth grade and that she had previously been convicted of theft, domestic violence, and reckless endangerment with the use ... More...   $0 (01-13-2018 - TN)

STATE OF IOWA vs. KRISTINA LEIGHANN HELLBERG

On December 28, 2016, Hellberg took her mother’s Ford F150 truck without
her mother’s permission. The mother reported the missing truck to the Decatur
County Sheriff’s Office. Officers recovered the truck from Hellberg several days
later. The State charged Hellberg with first-degree theft, a class “C” felony, in
violation of Iowa Code sections 714.1(2) and 714.2(1) (2016). <... More...
   $0 (01-12-2018 - IA)

Animal Legal Defense Fund, et al. v. Lawrence G. Wasden District of Idaho Federal Courthouse - Boise, Idaho

Investigative journalism has long been a fixture in the American press, particularly with regard to food safety.1 In the early 1900s, Upton Sinclair highlighted conditions in the meat-packing industry in The Jungle, a novel based on his time working incognito in a packing plant.2 This case also originates in the agricultural sector—a secretly-filmed exposé of the operation of an Idaho dairy farm. ... More...   $0 (01-09-2018 - ID)

STATE OF OHIO v. SELMA CHIPMAN COURT OF APPEALS OF OHIO SECOND APPELLATE DISTRICT MONTGOMERY COUNTY

According to the facts presented at the plea hearing, Chipman, who was 82
years old, owned a German Shepherd named Chinook (aka Chookie) for approximately
six years. On June 28, 2016, Chinook was taken to her veterinarian at North Main
Animal Clinic to be spayed.1 Upon examination of Chinook, the veterinarian noticed that
the dog was in poor health. Specifically, the dog su... More...
   $0 (01-08-2018 - OH)

STATE OF NEW JERSEY v. WILLIAM BURKERT Supreme Court of New Jersey

On September 30, 2011, Halton filed three separate complaints, alleging that Burkert committed the petty disorderly persons offense of harassment on January 8, 9, and 11, 2011, in violation of N.J.S.A. 2C:33-4(c).1 A three-day trial was held in
1 A petty disorderly persons offense is punishable by up to thirty days in jail. N.J.S.A. 2C:43-8.
5
the Elizabeth ... More...
   $0 (12-21-2017 - CT)

Brandon Powers v. The State of Texas

The Junction Police Department dispatched an officer one evening to respond to a reported
domestic disturbance. When the officer arrived at the scene, Josette McAnelly reported Powers
had killed her puppy by repeatedly slamming the puppy’s head against a door jamb. Powers was
thereafter indicted for cruelty to animals, and the case proceeded to a jury trial. The jury found
Powe... More...
   $0 (12-17-2017 - TX)

State of Washington v. Carolyn and Debbie Lattin Thurston County Courthouse - Olympia, Washington

Olympia, WA - Jury Finds Defendants Guilty In Goat Abuse Case

The State of Washington charged Carolyn and Debbie Lattin with second-degree misdemeanor animal cruelty. The Defendants operat Lattins Country Cider Mill and Farm. Eighteen of their goats were removed from the property in June of 2017 suffering from hoof rot (hoof scald).

Defendants' lawyer claimed that they took pro... More...
   $0 (12-09-2017 - WA)

Elena Matushkina and Svetlana Son v. Kristen M. Nielsen Seventh Circuit Court of Appeals Courthouse - Chicago, Illinois

Plaintiffs Elena Matushkina and
her daughter Svetlana Son filed this suit against federal officials
after a U.S. Consulate denied Matushkina’s immigrant
visa application in 2015. The well-established doctrine of consular
nonreviewability makes it impossible, or nearly so, for
plaintiffs to challenge the visa denial. Plaintiffs insist that
2 No. 17-1336
their suit does n... More...
   $0 (12-07-2017 - IL)

Epona, LLC v. County of Ventura Ninth Circuit Court of Appeals Courthouse - San Francisco, California

Epona, LLC and Michael Fowler (collectively, Appellants) appeal the district court’s order dismissing Appellants’ First Amendment and Religious Land Use and Institutionalized Persons (RLUIPA), 42 U.S.C. § 2000cc et seq., claims, and denying as moot Appellants’ motion for a preliminary injunction. Appellants challenge the County of Ventura’s (the County) permitting scheme, which requires
4 EPON... More...
   $0 (12-07-2017 - CA)

GEORGE EVANS v. UNITED STATES OF AMERICA The Asian Longhorned Beetle

THE BEETLES
We first rehearse the background of the case dividing
our account into four movements.
Norwegian Wood
The Asian Longhorned Beetle (ALB) is an invasive pest
that arrived in the United States from Asia, concealed in wooden
shipping crates and pallets. According to the United States
Department of Agriculture (USDA), the ALB has the grim potential
t... More...
   $0 (12-07-2017 - MA)

George Evans v. United States of America District of Massachusetts Federal Courthouse - Boston, Massachusetts

In this case, a small bug incited
a lawsuit under the Federal Tort Claims Act (FTCA), 28 U.S.C.
§§ 1346(b), 2671-2680. The district court, acting through a
magistrate judge, ruled that the FTCA's discretionary function
exception barred the maintenance of the action. See Evans v.
United States, No. 14-cv-40042, 2016 WL 5844473, at *8 (D. Mass.
Sept. 30, 2016) (citing 28 U.S.... More...
   $0 (12-04-2017 - MA)

United States of America v. Billy K. Groce District of Virginia Federal Courthouse - Abington, Virginia

Abingdon, VA - Knoxville Man Sentenced for Conspiring to Defraud the FDA - Billy Groce Illegally Shipped and Sold Veterinary Drug

A Tennessee man, who operated a business that unlawfully distributed prescription animal drugs to evade existing Food and Drug Administration laws, was sentenced on November 29, 2017 in the United States District Court for the Western District of Virginia in Ab... More...
   $0 (11-29-2017 - VA)

Floyd Allen Hardrick, Jr. v. City of Detroit, Michigan Sixth Circuit Court of Appeals Courthouse - Cincinnati, Ohio

Dog bites dog. So begins this federal case about searches and
seizures allegedly gone awry, if not the newspaper story about the dispute. Detroit has a straydog
problem. As many as 50,000 of them roam the city’s streets and abandoned homes,
sometimes in packs. One group in a position to appreciate the seriousness of the problem, the
United States Postal Service, ranked Detroit sixt... More...
   $0 (11-26-2017 - MI)

STATE OF MONTANA v. DAVID JOHN WENDEL

David Wendel (Wendel) appeals from a January 22, 2016 District Court order
denying in part his motion in limine seeking to exclude evidence of a prior bad act. We
affirm.
¶3 On December 27, 2012, Wendel left a message with the Gallatin County Animal
Control. He complained a German Shepard dog was at large on his property, which he
believed was owned by his neighbors, Do... More...
   $0 (11-22-2017 - MT)

COMMONWEALTH vs. J.A., a juvenile. Massachusetts Supreme Judicial Court

The following facts are taken from the
testimony presented to the grand jury. In August, 2015, when
the juvenile was fourteen years old, he tortured a friend's dog
by shoving a soap dispenser pump into the dog's vagina,
1 Unlike a delinquent child, who is subject to rehabilitative penalties and remedies, a "youthful offender" is subject to penalties that... More...
   $0 (11-20-2017 - MA)

Kenneth Lucero v. Wayne A. Early Fourth Circuit Court of Appeals - Richmond, Virginia

Kenneth Lucero (“Appellant”) was arrested in April 2010 after leafleting outside a
Baltimore arena during a performance of the Ringling Brothers and Barnum & Bailey
Circus (“Circus”). Specifically, he was arrested for failing to confine his leafleting to an
area designated for protest activities, as set forth in a protocol formulated by Baltimore’s
legal department in 2004 (“Protoc... More...
   $0 (11-14-2017 - MD)

Douglas Alan Wolff v. State of Indiana

In December of 2016, the Grant County Sheriff’s Department and Marion
Animal Care and Control responded to several complaints of animal neglect
and cruelty, including a deceased horse, on Wolff’s property located in Grant
County, Indiana. As a result of the ensuing investigation, on February 23,
2017, the State filed an Information, charging Wolff with Count I, obstruction More...
   $0 (11-11-2017 - IN)

STATE OF OKLAHOMA v. GEORGE WESLEY GILCHRIST, JR. Felony counts filed in animal cruelty case

The State's evidence at preliminary hearing showed Gilchrist deprived thirteen (13) dogs of food, water and adequate shelter while they were confined near a grove of trees on his rural Grant County property. Two of the dogs were chained separately to small metal shelters; the other eleven were separately penned. An overwhelming smell of rotting carcass permeated the air when investigators arrived;... More...   $0 (11-10-2017 - OK)

State of Oklahoma v. George Wesley Gilchrist, Jr.

¶1 On August 4, 2015, George Wesley Gilchrist, Jr., was charged with thirteen (13) counts of Cruelty to Animals, in violation of 21 O.S.2011, § 1685, in the District Court of Grant County, Case No. CF-2015-21. Gilchrist was bound over at preliminary hearing on all counts. Gilchrist thereafter filed a motion to quash alleging, inter alia, that he could only be charged with a single count of Cruelty... More...   $0 (11-09-2017 - OK)

United States of America v. Dan Calvert Wallen Ninth Circuit Court of Appeals Courthouse - San Francisco, California

Dan Wallen appeals his conviction after a bench trial for
killing three grizzly bears in violation of the Endangered
Species Act. Although we reject Wallen’s argument that he
was entitled to a jury trial, we hold the magistrate judge, who
served as the trier of fact at trial, misconceived the selfdefense
element of the offense, and that error was not
harmless. We hold the “... More...
   $0 (10-29-2017 - MT)

Makah Indian Tribe v. Quileute Indian Tribe Ninth Circuit Court of Appeals Courthouse - San Francisco, California

Who would imagine that more than 150 years after the Treaty of Olympia (the “Treaty”) was signed between the United States and the Quileute and Quinault tribes, we would be asked to determine whether the “right of taking fish” includes whales and seals? Although scientists tell us sea mammals are not fish,1 these appeals ask us to go back to the 1855 treaty negotiation and signing and place oursel... More...   $0 (10-23-2017 - WA)

Kenneth Lucero v. Wayne A. Early, May and City County, Baltimore City Police Department Third Circuit Court of Appeals - Philadelphia, Pennsylvania

Kenneth Lucero (“Appellant”) was arrested in April 2010 after leafleting outside a Baltimore arena during a performance of the Ringling Brothers and Barnum & Bailey Circus (“Circus”). Specifically, he was arrested for failing to confine his leafleting to an area designated for protest activities, as set forth in a protocol formulated by Baltimore’s legal department in 2004 (“Protocol”). Appellant ... More...   $0 (10-14-2017 - mD)

Robert Ramirez v. United of Omaha Life Insurance Company Fifth Circuit Court of Appeals - New Orleans, Louisiana

Robert Ramirez traveled to West Texas and contracted a fungal infection
that ultimately resulted in the removal of one of his eyes. He sought benefits
under an accidental death and dismemberment and life insurance policy
provided by his employer. The insurer, United of Omaha Life Insurance
Company (United), denied the claim, and Ramirez filed suit. The district court
granted su... More...
   $0 (10-13-2017 - TX)

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