Justia Mississippi Supreme Court Opinion Summaries

Articles Posted in Animal / Dog Law
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In 2017, the Union County Sheriff’s Department seized six horses, four cats and three dogs belonging to Michael Dancy. The Justice Court of Union County found Dancy guilty of three counts of animal cruelty and ordered the permanent forfeiture of Dancy’s animals. Dancy appealed to the Circuit Court of Union County, where a bench trial was held de novo. The circuit court ordered that the animals be permanently forfeited and found Dancy guilty of three counts of animal cruelty. The circuit court further ordered Dancy to reimburse the temporary custodian of the horses $39,225 for care and boarding costs incurred during the pendency of the forfeiture and animal-cruelty proceedings. Aggrieved, Dancy appealed to the Mississippi SUpreme Court. Finding the forfeiture and reimbursement orders supported by substantial evidence, the Supreme Court affirmed. Furthermore, the Court found the circuit court did not abse its discretion in allowing a veterinarian testify for the State. The Supreme Court affirmed Dancy’s conviction under Section 97-41-7, and Section 97-41- 16(2)(a) that coincided with Union County Justice Court Arrest Warrant 7036216. However, the Court found Section 97-41-16(2)(a) made Dancy’s cruelty to his dogs and cats one offense. As a result, Dancy’s second conviction under Section 97-41-16(2)(a) that coincides with Union County Justice Court Arrest Warrant 7036219 was vacated. View "Dancy v. Mississippi" on Justia Law

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Janet Olier was attacked and chased by a domestic goose in Donna Bailey's yard. In attempting to flee, she fell and broke her arm. Olier sued Bailey under a theory of premises liability and, alternatively, under the "dangerous propensity" rule. The trial court granted summary judgment because it found that Olier was a licensee on Bailey's property and that Bailey did not breach her duty of care toward Olier. It also denied relief under the dangerous-propensity rule because there was no evidence that the particular goose that bit Olier ever had exhibited dangerous propensities prior to the incident. Olier appealed to the Circuit Court, which affirmed. Olier then filed this appeal. After review, the Supreme Court held that, while Olier could not, as a matter of law, pursue her claim under her theory of general premises liability, she could proceed under the dangerous propensity theory. The Supreme Court affirmed in part, reversed in part, and remanded the case for further proceedings. View "Olier v. Bailey" on Justia Law