FACTS: Dude who has a bar seven (-7) cattle brand placed on the left rib wants to take his beasts from California to Arizona. He asks the Arizona Department of Agriculture for permission. Another dude in Arizona with a bar seven cattle brand placed on the left hip objects, NO FUCKING WAY; THAT'S MINE. And the statute says you can't register two identical designs.
ISSUE: Does the law allow identical brands on different parts of the cow?
HELD: Yes. Despite statutory language providing that "[n]o two brands of the same design or figure shall be adopted or recorded," the Arizona Department of Agriculture may approve identical brands if the brands are registered to different locations on the animal.
DISSENT: You fools. The prohibition on having the same DESIGN is completely separate from the statutory language you rely on concerning the LOCATION the design is placed.
DEEP ANALYSIS: Dissents are rare in Arizona appellate cases, and they're usually right when a judge goes to the effort of writing one. Here, the majority bared its unscholarly motives when it was, like, "Yeah, but if we don't allow the same brand in different places, it might invalidate other brands, and that's bad." The California cattledood should have been told to come up with a different brand.
Date: August 10th, 2016 7:17 PM Author: swollen business firm
JUSTICE FOR THE STAMBAUGH COWS!
Look at this jibberish:
"The ambiguity exists by virtue of the language of A.R.S. § 3-1261 and related statutes, read in context with each other. Accordingly, we must look, inter alia, to the Departments longstanding construction of the statutes. *****To do otherwise might render invalid hundreds of brands the Department accepted for recording over the past several decades based on their owners promises to apply the brands in different locations than prior similar recorded brands were to be applied.***** "
What do the consequences of "do[ing] otherwise" have to do with the interpretive task at hand?
Date: October 7th, 2016 6:49 PM Author: swollen business firm
A petition for review was filed, but the supreme court only grants around 3.9% of petitions in civil cases, which is usually a bit under 20 cases per year. It's a long shot.
Right now, it's taking about four months for the supreme court to consider petitions for review, and then it takes a while for them to get around to issuing the order to grant or deny.
The state got an extension until October 28 to file its response to the petition. So I'd guess that the petition will be decided around April.
I haven't watched it yet to see whether things are looking good for the Stambaugh cows, but I did notice that I had to turn off some of my ad blocking to get the video to load correctly.
Date: March 10th, 2017 1:12 AM Author: swollen business firm
Thoughts on oral argument.
(1) The state's attorney was having a rough time, but he shut up one of the justices when the justice was, like, "Have you even seen branding?" and the lawyers was, like, "Motherfucker, I grew up on a ranch. I've done it. It's easy."
38:44 - context
39:09 - rancher-lawyer revealed
(2) On whole, I think things went better for Stambaugh's cows. May justice be done.
¶1 Arizona Revised Statute § 3-1261(B) provides that no two brands of the same design or figure shall be adopted or recorded. Nonetheless, the Arizona Department of Agriculture (Department) allowed Eureka Springs to record a bar seven brand (7), even though it was identical to a previously recorded brand owned by David Stambaugh, because it was placed on a different location on the animals. We hold that the plain language of the statute precludes the Department from recording two brands of the same design or figure regardless of their location.
Date: February 13th, 2018 3:06 PM Author: yellow domesticated school cafeteria newt
Thanks for bumping man. I had been SEETHING about this the whole time per my earlier post but didn't realize it had been overturned. I think I can calm down now that this renegade appellate court has been reigned in.
Sometimes, it was the arcane cases that were notable for their importance, like a 2017 case about cattle brands, he said. The case tested an Arizona law that prevented identical brands, and whether the location of the brand mattered. The unanimous opinion written by Brutinel on its surface dealt with cattle brands but set a lasting framework for how courts interpret statutes and is often cited in other court rulings.