Anti-Cruelty

State v. Siliski

Summary:

In this Tennessee case, the defendant, Jennifer Siliski, was convicted of nine counts of misdemeanor animal cruelty. Williamson County Animal Control took custody of over two hundred animals forfeited by the defendant as a result of her criminal charges and convictions. Third parties claiming ownership of some of the animals appeared before the trial court and asked for the return of their animals. This appeal arises from third parties claiming that they were denied due process by the manner in which the trial court conducted the hearing regarding ownership of the animals and that the trial court erred in denying their property claims. The appellate court concluded that the trial court did not have jurisdiction in the criminal case to dispose of the claims, and reversed the judgment.

In this Tennessee case, the defendant, Jennifer Siliski, was convicted of nine counts of misdemeanor animal cruelty. Williamson County Animal Control took custody of over two hundred animals forfeited by the defendant as a result of her criminal charges and convictions. Third parties claiming ownership of some of the animals appeared before the trial court and asked for the return of their animals. This appeal arises from third parties claiming that they were denied due process by the manner in which the trial court conducted the hearing regarding ownership of the animals and that the trial court erred in denying their property claims. The appellate court concluded that the trial court did not have jurisdiction in the criminal case to dispose of the claims, and reversed the judgment.

State v. Scott

Summary: The appellant pled guilty to one count of animal fighting, one count of cruelty to animals, and one count of keeping unvaccinated dogs, and asked for probation. The trial court denied the appellants request for probation and sentenced him to incarceration. The appellant challenged the trial court's ruling, and the appellate court affirmed the trial court's decision to deny probation, stating that the heinous nature of the crimes warranted incarceration.

The appellant pled guilty to one count of animal fighting, one count of cruelty to animals, and one count of keeping unvaccinated dogs, and asked for probation. The trial court denied the appellants request for probation and sentenced him to incarceration. The appellant challenged the trial court's ruling, and the appellate court affirmed the trial court's decision to deny probation, stating that the heinous nature of the crimes warranted incarceration.

State v. Fifteen Impounded Cats

Summary:

Under a statute that allowed an officer to impound animals without a warrant if exigent circumstances exist, fifteen unconfined cats, who were roaming around a vehicle, were impounded. At a hearing to ratify the impoundment, the court found a large number of unconfined cats that obstructed the defendant's view for driving constituted exigent circumstances under SDCL 40-1-5. After a motion was granted to transfer ownership of the cats to a local humane society for adoption, the defendant appealed. The appeals court affirmed the lower court’s decision.

Under a statute that allowed an officer to impound animals without a warrant if exigent circumstances exist, fifteen unconfined cats, who were roaming around a vehicle, were impounded. At a hearing to ratify the impoundment, the court found a large number of unconfined cats that obstructed the defendant's view for driving constituted exigent circumstances under SDCL 40-1-5. After a motion was granted to transfer ownership of the cats to a local humane society for adoption, the defendant appealed. The appeals court affirmed the lower court’s decision.

Com. v. Hackenberger

Summary:

Defendant was convicted and sentenced to 6 months to 2 years jail following a jury trial in the Court of Common Pleas of cruelty to animals resulting from his shooting of a loose dog more than five times. On appeal, appellant contends that the use of a deadly weapon sentencing enhancement provision does not apply to a conviction for cruelty to animals since the purpose is to punish only those offenses where the defendant has used a deadly weapon against persons. The Commonwealth countered that the purpose behind the provision is immaterial because the plain language applies to any offense where the defendant has used a deadly weapon to commit the crime, save for those listed crimes where possession is an element of the offense. This Court agreed with the Commonwealth and held that the trial court was not prohibited from applying the deadly weapon sentencing enhancement to defendant's conviction for cruelty to animals.

Defendant was convicted and sentenced to 6 months to 2 years jail following a jury trial in the Court of Common Pleas of cruelty to animals resulting from his shooting of a loose dog more than five times. On appeal, appellant contends that the use of a deadly weapon sentencing enhancement provision does not apply to a conviction for cruelty to animals since the purpose is to punish only those offenses where the defendant has used a deadly weapon against persons. The Commonwealth countered that the purpose behind the provision is immaterial because the plain language applies to any offense where the defendant has used a deadly weapon to commit the crime, save for those listed crimes where possession is an element of the offense. This Court agreed with the Commonwealth and held that the trial court was not prohibited from applying the deadly weapon sentencing enhancement to defendant's conviction for cruelty to animals.

Hulsizer v. Labor Day Committee, Inc.

Summary:

This Pennsylvania case involves an appeal by allowance from orders of Superior Court which affirmed an order of the Court of Common Pleas of Schuylkill County and imposed counsel fees and costs upon the appellants, Clayton Hulsizer and the Pennsylvania Society for the Prevention of Cruelty to Animals (PSPCA). Hulsizer, an agent of the PSPCA, filed this action in equity seeking injunctive and declaratory relief against the appellee, Labor Day Committee, Inc., for their role in conducting an annual pigeon shoot. Hulsizer sought to have appellee enjoined from holding the shoot, alleging that it violates the cruelty to animals statute. At issue is whether Hulsizer has standing to bring an enforcement action in Schuylkill County. This court found no inconsistency in reading Section 501 and the HSPOEA (Humane Society Police Officer Enforcement Act) together as statutes that are in pari materia. Since the HSPOEA does not limit the jurisdiction of humane society police officers by requiring them to apply separately to the courts of common pleas in every county in Pennsylvania, the officer had standing to bring an enforcement action. The lower court's orders were reversed.

This Pennsylvania case involves an appeal by allowance from orders of Superior Court which affirmed an order of the Court of Common Pleas of Schuylkill County and imposed counsel fees and costs upon the appellants, Clayton Hulsizer and the Pennsylvania Society for the Prevention of Cruelty to Animals (PSPCA). Hulsizer, an agent of the PSPCA, filed this action in equity seeking injunctive and declaratory relief against the appellee, Labor Day Committee, Inc., for their role in conducting an annual pigeon shoot. Hulsizer sought to have appellee enjoined from holding the shoot, alleging that it violates the cruelty to animals statute. At issue is whether Hulsizer has standing to bring an enforcement action in Schuylkill County. This court found no inconsistency in reading Section 501 and the HSPOEA (Humane Society Police Officer Enforcement Act) together as statutes that are in pari materia. Since the HSPOEA does not limit the jurisdiction of humane society police officers by requiring them to apply separately to the courts of common pleas in every county in Pennsylvania, the officer had standing to bring an enforcement action. The lower court's orders were reversed.

Com. v. Barnes

Summary:

In this case, the defendants argued that the police powers granted to a private entity, the Erie Humane Society, was an improper delegation of government authority. On appeal, the defendants’ asserted several arguments including a claim that Pennsylvania’s delegation of government authority is in violation of the Fourth Amendment of the United States Constitution and the Pennsylvania Constitution The appeals court rejected each of defendants’ four arguments. Specifically, the court rejected defendants' assertion that the Erie Humane Society operates as "vigilantes," finding that the Society's actions are regulated by the Rules of Criminal Procedure with requirements of probable cause and the constraints of case law.

In this case, the defendants argued that the police powers granted to a private entity, the Erie Humane Society, was an improper delegation of government authority. On appeal, the defendants’ asserted several arguments including a claim that Pennsylvania’s delegation of government authority is in violation of the Fourth Amendment of the United States Constitution and the Pennsylvania Constitution The appeals court rejected each of defendants’ four arguments. Specifically, the court rejected defendants' assertion that the Erie Humane Society operates as "vigilantes," finding that the Society's actions are regulated by the Rules of Criminal Procedure with requirements of probable cause and the constraints of case law.

Commonwealth v. Kneller

Summary:

Kneller appealed from a conviction of criminal conspiracy to commit cruelty to animals after she gave an acquaintance a gun and asked him to shoot a dog. The Court affirmed the conviction, concluding that “The Animal Destruction Method Authorization Law” (ADMA) and the “Dog Law” are not ambiguous. In addition, the deadly weapon enhancement applies to an owner who is convicted of cruelty to animals and used a firearm to kill it.

Kneller appealed from a conviction of criminal conspiracy to commit cruelty to animals after she gave an acquaintance a gun and asked him to shoot a dog. The Court affirmed the conviction, concluding that “The Animal Destruction Method Authorization Law” (ADMA) and the “Dog Law” are not ambiguous. In addition, the deadly weapon enhancement applies to an owner who is convicted of cruelty to animals and used a firearm to kill it.

Com. v. Kneller

Summary:

The Supreme Court of Pennsylvania took up this appeal involving the defendant's criminal conspiracy to commit cruelty to animals after the defendant provided a gun and instructed her boyfriend to shoot and kill their dog after the dog allegedly bit the defendant’s child. The Supreme Court vacated the order of the Superior Court and remanded the case to the Superior Court (--- A.2d ----, 2009 WL 215322) in accordance with the dissenting opinion of the Superior Court's order. The Court further observed that the facts revealed no immediate need to kill the dog and that there was "unquestionably malicious beating of the dog" prior to it being shot.

The Supreme Court of Pennsylvania took up this appeal involving the defendant's criminal conspiracy to commit cruelty to animals after the defendant provided a gun and instructed her boyfriend to shoot and kill their dog after the dog allegedly bit the defendant’s child. The Supreme Court vacated the order of the Superior Court and remanded the case to the Superior Court (--- A.2d ----, 2009 WL 215322) in accordance with the dissenting opinion of the Superior Court's order. The Court further observed that the facts revealed no immediate need to kill the dog and that there was "unquestionably malicious beating of the dog" prior to it being shot.

Com. v. Kneller

Summary: Defendant appealed a conviction for criminal conspiracy to commit cruelty to animals after Defendant provided a gun and instructed her boyfriend to shoot and kill their dog after the dog allegedly bit Defendant’s child.   The Superior Court of Pennsylvania reversed the conviction, finding the relevant animal cruelty statute to be ambiguous, thus requiring the reversal under the rule of lenity.   Concurring and dissenting opinions were filed, in which both agreed that the statute is unambiguous as to whether a dog owner may destroy his or her dog by use of a firearm when that dog has attacked another person, but disagreed as to whether sufficient evidence was offered to show that the dog in fact attacked another person. (See Supreme Court order - Com. v. Kneller, 978 A.2d 716, 2009 WL 5154265 (Pa.,2009)).

Defendant appealed a conviction for criminal conspiracy to commit cruelty to animals after Defendant provided a gun and instructed her boyfriend to shoot and kill their dog after the dog allegedly bit Defendant’s child.   The Superior Court of Pennsylvania reversed the conviction, finding the relevant animal cruelty statute to be ambiguous, thus requiring the reversal under the rule of lenity.   Concurring and dissenting opinions were filed, in which both agreed that the statute is unambiguous as to whether a dog owner may destroy his or her dog by use of a firearm when that dog has attacked another person, but disagreed as to whether sufficient evidence was offered to show that the dog in fact attacked another person. (See Supreme Court order - Com. v. Kneller, 978 A.2d 716, 2009 WL 5154265 (Pa.,2009)).

Commonwealth v. Lee

Summary:

Sheriffs removed Defendant's starving dog from his garage and took it to a shelter for hospitalization.  Following a conviction and sentencing for animal cruelty and an order of restitution payable to the shelter, Defendant appealed.  The Superior Court remanded for re-sentencing and vacated the order of restitution, holding that the shelter was not a victim of Defendant's actions, and that restitution is only payable to humans.

Sheriffs removed Defendant's starving dog from his garage and took it to a shelter for hospitalization.  Following a conviction and sentencing for animal cruelty and an order of restitution payable to the shelter, Defendant appealed.  The Superior Court remanded for re-sentencing and vacated the order of restitution, holding that the shelter was not a victim of Defendant's actions, and that restitution is only payable to humans.