State v. Kidd, 2012 Ohio 6094

Beagles charged with two counts of cruelty; one beagle found dead and another kept indoors.
Dog warden seized two outdoor dogs (German Shepherds) and a rabbit; no charges filed for those animals.
Appellant pleaded guilty; court sentenced to 60 days on each count, suspended, with probation conditions.
Probation required no outdoor animals and allowed shelter entry for inspection of indoor animals; hearing held on returning two German Shepherds and the rabbit.
Court found appellant’s neglect evidence supported not returning animals; ordered forfeiture to Belmont County Animal Rescue League as part of probation.
Appellant appealed the scope of probation terms; counsel filed a Toney brief; appellate review limited to the probation-condition issue; court affirmed and granted counsel’s withdrawal.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether probation condition banning outdoor animal ownership is proper	Kidd	Kidd	Affirmed; condition upheld as proper probation term.
Whether forfeiture of all animals was within trial court's discretion	Kidd	Kidd	Affirmed; forfeiture within discretion to serve ends of probation.

State v. Brooks, 2008-Ohio-3723 (9th Dist. 2008) (forfeiture of all animals tied to rehabilitation ends of probation)
State v. Hale, 2005-Ohio-7080 (7th Dist. 2005) (trial court did not abuse discretion in broad probation conditions)
State v. Sheets, 112 Ohio App.3d 1, 677 N.E.2d 818 (4th Dist.1996) (probation conditions may include broad animal-control sanctions)
State v. Jones, 49 Ohio St.3d 51, 550 N.E.2d 469 (1990) (probation conditions reviewed for reasonableness and relation to rehabilitation)
State v. Adams, 62 Ohio St.2d 151, 404 N.E.2d 144 (1980) (probation conditions require reasonableness and relation to ends of probation)