January 22, 2017

Archives for January 6, 2017

Colorado Court of Appeals: Statements in Police Interviews Were Not Voluntary and Should Not Have Been Admitted

The Colorado Court of Appeals issued its opinion in People v. Springsted on Thursday, December 30, 2016.

Statements—Police Interviews—Involuntary.

In this murder case, the prosecution presented evidence that the victim was shot by two people. The primary issue at trial was the identity of the second shooter. The shooting occurred inside the home of codefendant Malory (Popeye), who was the first shooter. Springsted was present during the incident. Within an hour of the shooting, Springsted was interviewed by police in a police interview room. Over the next four days, the police interviewed Springsted five more times over the course of more than 11 hours. While some evidence implicated Springsted as the second shooter, the serological evidence implicated only Popeye as a shooter. Springsted was convicted of one count of first degree murder, one count of conspiracy to commit first degree murder, and two counts of violent crime.

On appeal, Springsted challenged the court’s admission of his statements from the police interviews, alleging that they were obtained involuntarily. When a defendant seeks to suppress statements as involuntary, the prosecution must prove by a preponderance of the evidence that the statements resulted from the maker’s free and unconstrained choice. After a careful review of the totality of the circumstances of the more than 11 hours of videotape, the Colorado Court of Appeals determined that the statements from the first two interviews were voluntary and admissible. However, Springsted’s statements in the remaining interviews were involuntary and should have been suppressed. Because there was a reasonable possibility that the statements from these interviews contributed to Springsted’s convictions, the error was not harmless.

The judgments were reversed and the case was remanded for a new trial.

Summary provided courtesy of The Colorado Lawyer.

Colorado Court of Appeals: Announcement Sheet, 1/5/2017

On Thursday, January 5, 2017, the Colorado Court of Appeals issued no published opinion and three unpublished opinions.

Neither State Judicial nor the Colorado Bar Association provides case summaries for unpublished appellate opinions. The case announcement sheet is available here.

Tenth Circuit: Unpublished Opinions, 1/5/2017

On Thursday, January 5, 2017, the Tenth Circuit Court of Appeals issued one published opinion and seven unpublished opinions.

Squire v. Ledwith

Clark v. Bowcutt

Armstrong v. Wyoming Department of Environmental Quality

Bates v. Board of County Commissioners of Mayes County

Poulsen v. Humana Insurance Co.

Williams v. Unknown Federal Agents

Young v. Wyoming Department of Corrections Medium Correctional Institution Warden

Case summaries are not provided for unpublished opinions. However, some published opinions are summarized and provided by Legal Connection.