Anti-Cruelty

Summary:

Defendant was convicted of failing to provide adequate care to 16 horses. On appeal, Defendant first argued that, to him, nothing appeared to be wrong with his horses and, consequently, no liability can attach. The court disagreed, explaining: "Defendant's personal belief that his horses were in good health . . . was therefore based on fallacy, and has no effect on his liability under the statute." Defendant also maintained that he is an animal hoarder, which is a "psychological condition" that mitigates his intent. Rejecting this argument, the court noted that Defendant’s "hoarding" contention is based upon a non-adopted bill which, in any event, fails to indicate whether animal hoarding may serve as a proper defense.

Summary:

In this Michigan case, the defendant pleaded no contest to committing an “abominable and detestable crime against nature” with a sheep under MCL 750.158. In addition to sentencing consistent with being habitual offender, the trial court found that defendant's actions evidenced sexual perversion, so the court ordered defendant to register under the Sex Offenders Registration Act (“SORA”). The Court of Appeals reversed the order, holding that while sheep was the “victim” of the crime, registration was only required if the victim was a human being less than 18 years old. SORA defines “listed offense” as including a violation of section 158 if a victim is an individual less than 18 years of age. Relying on the plain and ordinary meaning of "victim," the court concluded that an animal was not intended to be considered a victim  under the statute.

Summary:

Defendant's conviction arises from the killing of a rabbit during the execution of a civil court order at defendant's home on April 15, 2004. Because the court did not find MCL 750.50b unconstitutionally vague and further found sufficient evidence in support of defendant's conviction, defendant's conviction was affirmed. The evidence showed that defendant killed the rabbit in a display of anger arising from the execution of a court; thus, the terms, "[m]alicious", "willful", and "without just cause" are sufficiently specific terms with commonly understood meanings such that enforcement of the statute will not be arbitrary or discriminatory."

Summary:

Defendant argued that the evidence was insufficient to support his conviction of cruelty to animals.  Specifically, defendant argued that the Court of Appeals erroneously upheld the conviction because of his inattention to the condition of the cows and failure to provide medical treatment, when such action or failure to act was not punishable under the anti-cruelty statute.  The Supreme Court held that the evidence was sufficient to sustain a conviction of cruelty to animals because as a farmer, defendant could have realized that his conduct was cruel. 

Summary:

Defendant argued that there was not sufficient evidence to sustain his conviction of cruelty to animals.  Specifically, he pointed out that there was no direct testimony with regard to the cause of the injuries to his cows.  The court disagreed and held that inattention to the condition of the animals was sufficient to constitute the offense of cruelty to animals. 

Summary:

Defendant was convicted of wilfully and maliciously killing the horse of another.  Defendant argued that the evidence was insufficient to support the conviction because there was no proof of malice toward the owner of the horse.  The court held that the general malice of the law of crime was sufficient to support the conviction. 

Summary:

Defendant was convicted of mutilating the horse of another.  He argued on appeal that the trial court's jury instructions, which read that malice toward the owner of the horse was not necessary, were incorrect.  The court agreed and found that although the general malice of the law of crime is sufficient to support the offense, the trial court must instruct that malice is an essential element of the offense.

Summary:

Defendant appeals her convictions for assault of an officer, refusing to submit to arrest, criminal use of an electronic weapon, and two counts of cruelty to animals. In October 2009, a state police trooper was dispatched to defendant's home to investigate complaints that she was keeping animals despite a lifetime ban imposed after her 2004 animal cruelty conviction. The appellate found each of her five claims frivolous, and instead directed its inquiry as to whether the trial court correctly refused recusal at defendant's request. This court found that the trial court acted with "commendable restraint and responsible concern for Murphy's fundamental rights," especially in light of defendant's outbursts and provocations.

Summary:

A man ran over his girlfriend's cat after having a fight with his girlfriend.  The trial court found the man guilty of aggravated cruelty to animals.  The Supreme Judicial Court affirmed the trial court, holding the aggravated cruelty to animals statute was not unconstitutionally vague.

Summary:

Maryland Court of Appeals held that animal-cruelty statute did not apply to researchers because there are certain normal human activities to which the infliction of pain to an animal is purely incidental and unavoidable.