Should Animals Be Allowed to Sue?

SHERRY F. COLB

Cornell law professor Sherry F. Colb comments on case in which Animal Legal Defense Fund (ALDF) brought a civil damages suit on behalf of an abused horse, now named Justice, against the horse’s former owner. Colb dismantles three arguments critics raise in opposition to recognizing abused animals as plaintiffs in lawsuits such as this one.

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Saavedra v. Delaware

Docket: 165, 2019

Opinion Date: January 30, 2020

Judge: Traynor

Areas of Law: Constitutional Law, Criminal Law

Elder Saavedra was convicted by jury of the first-degree murder of Lester Mateo and possession of a deadly weapon during the commission of a felony. The court sentenced Saavedra to life in prison for the murder conviction and ten years in prison for the weapons charge. Saavedra argued on appeal that his convictions should be overturned because of the prosecutor’s misconduct and the trial court’s erroneous admission of evidence during his trial. Saavedra also contends that the trial court abused its discretion by allowing another officer to offer lay opinion testimony under D.R.E. 701 regarding the meaning of a phrase uttered in Spanish by Saavedra at the scene, when, according to Saavedra, the opinion was not “rationally based on the witness’s perception.” Finally, Saavedra argued the prosecutor engaged in misconduct when he asked a question that implied that the witness, despite his denial, had identified Saavedra in a video clip during a pretrial interview. Although the Delaware Supreme Court found Saavedra raised some legitimate concerns regarding the officer’s narrative testimony that accompanied the important video evidence, it disagreed with his conclusion that the admission of that testimony, much of which came in without objection and was the subject of two curative instructions, was grounds for reversal. Nor was the Court persuaded that the challenged opinion testimony and the prosecutor’s question that purportedly implied a fact that was not supported by the evidence affected the fairness of Saavedra’s trial. Therefore, the Supreme Court affirmed.