Friday, June 20, 2008

Animal law case prompts constitutional review by Washington Supreme Court

Animal law practitioner Adam Karp reports that the Washington Supreme Court will be hearing one of his cases. According to Adam:

"The case involves the Tasering of a male calf in April 2006 by two Spokane County Sheriff’s Deputies. Although the district court judge Sara Derr found probable cause to file a second-degree cruelty complaint based on my client’s citizen petition (per CrRLJ 2.1(c)), she then reversed herself on the prosecutor’s motion for reconsideration, noting that CrRLJ 2.1(c) violates separation of powers."

The calf owner lost at both the trial level and appellate level. The state's highest court will be examining the question of whether the state law at issue "permits private initiation of prosecution, private prosecution, or something else."

Oral argument is expected in late September. If you know of any individuals or groups that might be interested in filing an amicus brief on behalf of the calf owner, please contact Adam at adam@animal-lawyer.com.

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