Bird

MX - Bird - Parrot Ban (DECREE by which article 60 2 to the General Law of Wildlife)

Summary:

The ban prohibits the capture, export and import of 22 Mexican parrot species. The ban on imports was needed because most species are shared with Central and South American countries and many were being imported and used as cover up for illegal trade. The ban was approved by Congress last April by consensus and it was originally drafted after a presentation of a 2007 report, "The Illegal Parrot Trade in Mexico: A Comprehensive Assessment." The report revealed for the first time the volume of the illegal trade of parrots within Mexico. An estimated 65,000 -78,500 wild parrots and macaws are captured illegally each year, with more than 75 percent of the birds dying before ever reaching a purchaser. The measure was passed in late October of 2008.

State v. Bruner

Summary:

The Defendant was charged with unlawfully and cruelly torturing, tormenting, and needlessly mutilating a goose under Ind. Rev. Stat. § 2101 (1881).  At issue was the ownership status of the goose.  The affidavit alleged that the goose was the property of an unknown person, and thus was the equivalent of an averment that the goose was a domestic fowl, as required by Ind. Rev. Stat. § 2101 (1881).  The court noted that whenever the ownership of the animal is charged, such ownership becomes a matter of description and must be proved as alleged.  Interestingly, the court in this case also observed that there is "a well defined difference between the offence of malicious or mischievous injury to property and that of cruelty to animals," with the latter only becoming an indictable offense within recent years.  The Supreme Court held that the motion to quash should have been overruled and reversed and remanded the case for further proceedings.

Mills v. State

Summary:

In criminal conviction for cruelty to animals, statute requires that sentences arising out of same criminal offenses be prosecuted in single action and run concurrently.

People v. Sanchez

Summary:

Defendant on appeal challenges six counts of animal cruelty. The court affirmed five counts which were based on a continuing course of conduct and reversed one count that was based upon evidence of two discrete criminal events.

Dart v Singer

Summary:

The applicants pleaded guilty to a number of charges under the Animal Care and Protection Act 2001 (Qld) following the seizure of 113 live dogs, one cat, 488 rats, 73 mice, 12 guinea pigs and 11 birds from their premises due to unsanitary and inappropriate living conditions. The applicants claimed that RSPCA officers were acting ultra vires and that a stay preventing the RSCPA from parting with the animals should be effected. The applicants' argument failed.

State ex rel Del Monto v. Woodmansee

Summary:

In an action in mandamus, relator property owner sought a writ ordering respondent building commissioner of the City of Euclid to issue a building permit for the construction of a store building.  The store building would be used for the slaughter of chicken.  The state tired to oppose the building by stating the use would be against Ohio's cruelty to animal statute.  The Court ruled that the term "animals" as thus used meant a quadruped, not a bird or fowl.  Thus, the court ruled in favor of the property owner in his mandamus action against the commissioner.  

Horen v. Commonwealth

Summary:

Native American medicine woman and her husband convicted of illegally possessing wild bird feathers in violation of Virginia statute.  The Virginia Court of Appeals held that the statute violates RFRA because it does not provide a scheme to possess feathers for religious purposes, as it does for other purposes.  Thus, the statute was not religiously neutral because it discriminated based on content and the state did not employ the least restrictive means in advancing its compelling interest.  For further discussion on the federal Bald and Golden Eagle Protection Act, see Detailed Discussion of Eagle Act .

Mejia v. State

Summary:

Rooster fighting case. Testimony from the defendant's witness, a sociologist that argued cockfighting is not generally thought of as an illegal activity, was irrelevant in cruelty to animals conviction. Statute is not unconstitutionally vague.