Justia Washington Supreme Court Opinion Summaries

Petitioner Denver Lee Shoop kept a small herd of eight bison on his property. The State charged him with eight counts of animal cruelty in the first degree for his treatment of those eight bison. RCW 16.52.205(2) stated that one commits “animal cruelty in the first degree” when “he or she, with criminal negligence, starves, dehydrates, or suffocates an animal…” and causes considerably suffering or death. The State included “starves, dehydrates, or suffocates” in each of the eight counts. The jury convicted Shoop as charged, but without specifying which of those three means the State actually proved. Shoop appealed, arguing in part that RCW 16.52.205(2) constituted an “alternative means” crime, so either (1) the jury had to achieve unanimity about which means the State proved beyond a reasonable doubt or (2) the record had to show that sufficient evidence supported each of those multiple means. The Washington Supreme Court held RCW 16.52.205(2) described a single crime of animal cruelty in the first degree. “That statutory subsection’s list of ways of committing animal cruelty—negligently starving, dehydrating, or suffocating—constitute “minor nuances inhering in the same act [or omission],” not completely different acts, i.e., not “alternative means.” View "Washington v. Shoop" on Justia Law

This case involved a premises liability claim brought by a visitor against landlords for an injury caused by the tenants’ dog. The question was whether the landlords, Ernesto and Teri Hernandez, owed a duty to petitioner Maria Saralegui Blanco. The tenants, David Gonzalez Sandoval, Alexandra Barajas Gonzalez, and Elvia Sandoval, rented single family home owned by the landlords. While visiting the home, Saralegui Blanco was attacked and bitten by the tenants’ dog. Saralegui Blanco sued, alleging the tenants and landlords were negligent and liable for her injuries. The trial court dismissed the claims against the landlords on summary judgment. The Washington Supreme Court granted direct review and affirmed the trial court’s grant of summary judgment, dismissing Saralegui Blanco’s premises liability claim against the landlords: petitioner failed to establish a genuine issue of material fact that the landlords possessed the land, retained control over the premises or the dog, or created a dangerous condition. View "Saralegui Blanco v. Gonzalez Sandoval" on Justia Law

Petitioner Pamela Deskins challenged the sentence she received after a jury found her guilty of a misdemeanor violation of the cruelty to animals statute. On appeal to the Supreme Court, she argued: (1) the trial court abused its discretion when it prohibited her from owning or living with animals as a condition of probation; (2) that the trial court abused its discretion when it ordered her to forfeit any remaining animals to the Stevens County Sheriffs Office after giving her seven days to find them new homes; and (3) the trial court violated her due process rights by proceeding to sentencing 22 minutes after the verdict and imposing restitution to reimburse the county for animal care. The Supreme Court held that the forfeiture challenge was moot, and affirmed the Court of Appeals on all other issues.View "Washington v. Deskins" on Justia Law