Illegal Apply Of Law

25/05/2022 By Qin

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Defendant was charged and found responsible of first-degree animal cruelty with a home violence designation and also two sentencing aggravators. On appeal, the Court of Appeals vacated the domestic violence designation and the impression on others sentence aggravator. On appeal right here, the Supreme Court discovered that animal cruelty could presumably be designated against the law of domestic violence. The statute defining home violence has a non-exhaustive list of what crimes can represent home violence. While animal cruelty isn’t listed, the court found that testimony of defendant’s prior controlling behavior coupled with research showing how abusers use violence towards their victims’ pets to manipulate and terrorize victims was enough. As to the sentencing aggravator, the courtroom found that defendant’s actions had a damaging and foreseeable impact on the witnesses who saw the animal cruelty.

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