Michigan

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People v. Johnson

Summary:

This case involves challenges to the courtroom procedure of allowing a witness to be accompanied on the witness stand by a support animal. Defendant Johnson appealed his convictions of criminal sexual assault after he was convicted of assaulting his six-year-old niece. During Defendant's trial, a black Labrador retriever was permitted, to accompany the six-year-old victim to the witness stand. On appeal, the Defendant first argued that his trial counsel was ineffective for failing to object to the use of a support animal because MCL 600.2163a(4) only allows a support person. The Court of Appeals of Michigan stated that the trial court had the inherent authority to utilize support animals. Secondly, the Defendant argued that trial counsel should have objected to the notice of a support person on the basis that allowing the witnesses to testify accompanied by the support animal violated his constitutional right to due process. The Court of Appeals stated that there is no indication that the support dog used was visible to the jury, or that he barked, growled, or otherwise interrupted the proceedings. Therefore, the objection was meritless. Next, the Defendant argued that his counsel was ineffective for failing to request various procedural protections if the support animal was used. The Court of Appeals stated that the use of a support dog did not implicate the Confrontation Clause; the presence of the dog did not affect the witnesses' competency to testify or affect the oath given to the witnesses; the witnesses were still subject to cross-examination; and the trier of fact was still afforded the unfettered opportunity to observe the witnesses' demeanor. Finally, the Defendant argued that a limiting instruction should have been provided to the jury when the support animal was utilized and this rendered his counsel ineffective. The Court of Appeals stated, that there are no Michigan jury instructions addressing the use of a support animal. Counsel was then not ineffective in failing to ask for an instruction that does not yet exist in Michigan. The Court of Appeals affirmed the defendant's convictions and sentence and remanded.

MI - Running at Large - Chapter 433. Animals Running at Large.

Summary:

This chapter of Michigan laws deals with animals running at large. In Michigan, an owner cannot allow an animal (defined here as cattle, horses, sheep, swine, mules, burros, or goats) to run at large. In addition, a person that is not the owner of the animal cannot willfully and knowingly allow the animal to run at large. Any person who allows an animal to run at large will be guilty of a misdemeanor. Law enforcement is authorized to take possession of any animal that is running at large. Once the animal is in possession of law enforcement, the owner of the animal must be notified or a notice must be placed in the newspaper within 30 days.

MI - Wolves - Control of gray wolves, § 324.95151 to 324.95167

Summary:

This chapter of Michigan laws deals with the removal, capture, or destruction of gray wolves. According to the laws, a landowner is able to use any means necessary to remove a gray wolf from its property, including lethal force, if the gray wolf is threatening the landowners livestock or dog(s). Once a landowner has removed, captured, or destroyed a gray wolf, the landowner must report it to a department official no later than 12 hours after the removal, capture, or destruction. According to Section 324.95167, the act is not operative until final appellate court issues a decision overruling the decision of The Humane Society of the United States v Dirk Kempthorne that allows removal of wolves from the federal ESA list, or the U.S. Fish & Wildlife Service promulgates a final rule dated after March 12, 2007 that removes gray wolves located in this state from the list of endangered and threatened wildlife established under the federal endangered species act of 1973 and that final rule takes effect.

MI - Poisonous Substances - § 750.437 Exposing poisonous substances where liable to be eaten by beasts

Summary:

This Michigan statute makes a person liable and guilty of a misdemeanor if any animal on the person's property is exposed to or consumes a known poisonous substance. The statute makes an exception for poisons that are mixed only with vegetables or poisons for the destruction of predatory or dangerous prowling animals.

Daniels v. City of Ann Arbor (2015)

Summary:

The attached document is the Verified Complaint for Declaratory and Equitable Relief in the case of Daniels v. City of Ann Arbor, Michigan for the protection of natural resources. Plaintiff Sally Daniels challenged the City of Ann Arbor's current "deer cull" of 100 deer from public parks and nature areas in the City by marksmen from APHIS. Plaintiff contends that this cull of deer, a natural resource held in the public trust, violates state law (the Natural Resources and Environmental Protection Act (NREPA) and the DNR's Wildlife Conservation Order (WCO)). Specifically, Plaintiff argues that there has been no showing under NREPA that the deer have caused damage to horticultural or agricultural crops under either act contrary to state law. Plaintiff also states that the methods used - firearms with silencers, deer baiting, and the shooting of deer from vehicles - also violate the NREPA and/or WCO.

MI - Lien - 570.185. Lien of mechanic, artisan, or tradesman for manufacture of goods or keeping or care of animals

Summary:

This Michigan law states that when a person delivers any horse, mule, neat cattle, sheep, or swine to be kept or cared for to another person, that person shall have a lien thereon for the keeping and care of such animals, and may retain possession of the same until such charges are paid.

Detailed Discussion of Michigan Great Ape Laws

Summary:

The following discussion begins with a general overview of the various Michigan state statutes and regulations affecting Great Apes. It then analyzes the applicability of those laws to the possession and use of apes for specific purposes, including their possession as pets, for scientific research, for commercial purposes, and in sanctuaries. The discussion concludes with a compilation of local ordinances which govern the possession and use of apes within geographic subdivisions of the state.

MI - Initiatives - Proposal 14-2, A REFERENDUM OF PUBLIC ACT 520 OF 2012, ESTABLISHING A HUNTING SEASON FOR WOLVES AND AUTHORIZING ANNUAL WOLF HUNTING SEASONS

Summary:

This is the second wolf-related ballot measure for the November 4, 2014 election that also operates as a veto referendum. If the proposal is approved, it would uphold Public Act 21 of 2013, which authorizes the Natural Resources Commission to directly designate game species (including wolves) and determine hunting seasons. In Michigan, a "Yes" vote on a veto referendum upholds the law and a "No" vote rejects the law. As a result, the referendum's supporters are campaigning for a "No" vote.
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