August 24, 2019

Colorado Supreme Court: Clark v. People

on June 7, 2010.

Criminal Law – People v. Bennett – Sufficiency of the Evidence – Substantial Evidence Test – DNA evidence – Direct and Circumstantial Evidence – Fingerprint Identification Test

The Colorado Supreme Court affirms the court of appeals’ judgment that the evidence was sufficient to sustain the defendant’s, Rosten Lee Clark, conviction for sexual assault. The court of appeals, in upholding Clark’s conviction, employed a fingerprint identification test, initially formulated in Silva v. People, 170 Colo. 152, 459 P.2d 285 (1969), but modified for DNA evidence. The court determines that the proper analysis for the sufficiency of the evidence is the substantial evidence test utilized in People v. Bennett, 183 Colo. 125, 515 P.2d 466 (1973). Thus, the court affirms the court of appeals’ judgment on alternate grounds, holding that the direct and circumstantial evidence, when viewed in the light most favorable to the prosecution, is substantial and sufficient to sustain Clark’s sexual assault conviction.

Summary and full case also available here.

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