Nance v. State (Majority, with Dissenting)
Annotate this CaseAfter the Pulaski County Humane Society (PCHS) seized many dogs from Defendant’s premises, Defendant was charged with three felony counts of aggravated cruelty to animals and ten misdemeanor counts of cruelty to animals for keeping her dogs without access to shade in excessively hot temperatures. The jury found Defendant guilty of five misdemeanor counts of cruelty to animals. The circuit court sentenced Defendant to 100 hours of community service and payment of a $500 fine. In a supplemental order, the court ordered Defendant to pay costs to PCHS of $6,425 and divested Defendant of custody of the five dogs that she had been convicted of abusing. Defendant appealed, arguing, inter alia, that the circuit court erred in denying her motion to suppress the evidence related to the seizure of the dogs. The Supreme Court affirmed the circuit court’s denial of Defendant’s motion to suppress evidence but dismissed Defendant’s appeal and the State’s cross-appeal of the circuit court’s supplemental order, holding (1) the circuit court did not clearly err in denying Defendant’s motion to suppress; but (2) the circuit court lacked jurisdiction to decide the State’s petition for divestment and Defendant’s petition for custody of the dogs.
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