Latest Case: State v. Allen (Criminal Law)

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.

Read More

State v. Allen

Docket: W2017-01118-SC-R11-CD

Opinion Date: January 29, 2020

Judge: Clark

Areas of Law: Criminal Law

The Supreme Court vacated the criminal court's May 3, 2017 order and confirmed that the criminal court's February 3, 2012 remained intact and final, holding that the criminal court did not have authority to grant motions filed by the Tennessee Bureau of Investigation (TBI) and to modify an order dismissing criminal prosecutions several years after the order became final. On February 3, 2012, the criminal court granted Defendant's motion to dismiss Defendant's indictments for violating certain registration requirements applicable to violent sexual offenders. The criminal court based its determination that Defendant's previous Florida sexual battery conviction required him to comply only with reporting provisions relating to sexual offenders. In December 2014, the TBI filed a motion for relief from the February 3, 2012 order, arguing that the criminal court lacked authority to determine Defendant's offender classification. The criminal court agreed and partially vacated its February 3, 2012. The Supreme Court held that the criminal court had no authority to modify or partially vacate its February 3, 2012 order, except to correct clerical errors, oversights, or omissions in accordance with Tenn. R. Crim. P. 36.