State v. Cleve

980 P.2d 23 (1999)

From our private database of 46,500+ case briefs, written and edited by humans—never with AI.

State v. Cleve

New Mexico Supreme Court
980 P.2d 23 (1999)

  • Written by Haley Gintis, JD

Facts

The State of New Mexico (plaintiff) charged Charles Cleve (defendant) with violating the state’s animal-anticruelty statute provided in NMSA 1978, § 30-18-1 (1963). The state alleged that Cleve had violated the statute by using a wire trap to capture a wild dear. Cleve was convicted of animal cruelty and appealed. The court of appeals affirmed Cleve’s conviction on the ground that the anticruelty statute prohibited cruelty to any animal, which included wild game animals. However, the court of appeals’ interpretation that the phrase “any animal” protected all animals was inconsistent with a New Mexico Supreme Court decision, in which the court stated that the statute protected only domestic animals and wild animals in captivity. In its opinion, the court of appeals explained that the New Mexico Supreme Court’s interpretation constituted dicta and was not legally binding. The matter was appealed.

Rule of Law

Issue

Holding and Reasoning (Serna, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 832,000 law students since 2011. Some law schools even subscribe directly to Quimbee for all their law students.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

Here's why 832,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 46,500 briefs, keyed to 994 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 832,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 46,500 briefs - keyed to 994 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership