Legal Opinion

Commonwealth v. Waller

Massachusetts Appeals Court

Decided September 20, 2016No. AC 15-P-928PublishedCited by 35 opinions

1Opinion of the CourtRubin, J.

The defendant was convicted under the animal cruelty statute for starving to death her dog, Arthur, a miniature dachshund. The finding of guilt is affirmed, as is the condition of the defendant’s probation prohibiting her from owning “any pet or animal of any kind.” Under settled law, however, the condition of probation requiring the defendant to submit to suspicionless inspections of her home requires modification for which that aspect of the case will be remanded.

Facts. We recite the facts as they could have been found by the judge, the fact finder in this trial, viewing the evidence and…

2Cases cited24 opinions

  1. Daubert v. Merrell Dow Pharmaceuticals, Inc.Supreme Court of the United States · 1993
  2. District of Columbia v. HellerSupreme Court of the United States · 2008
  3. Commonwealth v. LaniganMassachusetts Supreme Judicial Court · 1994
  4. Commonwealth v. PikeMassachusetts Supreme Judicial Court · 1998
  5. Commonwealth v. MerolaMassachusetts Supreme Judicial Court · 1989

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3Cited by35 opinions

  1. Commonwealth v. FahertyMassachusetts Appeals Court · 2018
  2. Commonwealth v. PolancoMassachusetts Appeals Court · 2018
  3. Commonwealth v. QuinonesMassachusetts Appeals Court · 2019
  4. Commonwealth v. BouleyMassachusetts Appeals Court · 2018
  5. COMMONWEALTH v. TIMOTHY M. LAVIN (and ten companion cases ).Massachusetts Appeals Court · 2022

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