June 25, 2019

Archives for October 27, 2014

Colorado Court of Appeals: Two Convictions for Same Incident Violated Rights Against Double Jeopardy

The Colorado Court of Appeals issued its opinion in People v. Frye on Thursday, October 23, 2014.

Miranda Rights—Suppression—Jury Question—Double Jeopardy—Controlled Substances—CRS § 18-8-203(1).

Defendant was arrested on outstanding warrants. While she was being booked into the Jefferson County jail, drugs were found on her person. A jury convicted her of multiple charges related to the drugs.

On appeal, defendant contended that the trial court erred in refusing to suppress her statement that she did not possess any drugs, which she made at the jail before having been advised of her right to remain silent. Although the trial court erred, the error was harmless beyond a reasonable doubt; evidence of defendant’s guilt was overwhelming.

Defendant also contended that the trial court erred in responding to a jury question dealing with an officer’s right to request identification from a passenger during a routine traffic stop. However, there was no reasonable probability that the error contributed to defendant’s conviction, because (1) the evidence of defendant’s guilt was overwhelming; (2) the court instructed the jury that it was not an issue for them to determine; and (3) it did not bolster the officer’s credibility regarding any material issue.

Defendant further contended that one conviction for introducing contraband into a detention facility must be vacated or merged because she could not be convicted twice for introducing two types of drugs at the same time. The search of defendant at the jail revealed methamphetamine, cocaine, and oxycodone. The jury convicted her on two of these counts and acquitted her on one of them, and the trial court imposed concurrent sentences on the two convictions. Because defendant’s entry into the jail occurred at the same time and place, without the influence of any intervening events, her convictions were a violation of her rights against double jeopardy. The case was remanded to vacate one of the convictions.

Summary and full case available here, courtesy of The Colorado Lawyer.

Colorado Court of Appeals: Prosecutor’s Improper Statements Did Not Constitute Error

The Colorado Court of Appeals issued its opinion in People v. Castillo on Thursday, October 23, 2014.

Initial Aggressor—Self Defense—Jury Instructions—Burden of Proof—Prosecutorial Misconduct.

Defendant went to a club in downtown Denver. After leaving the club, he engaged in a confrontation with an unidentified male in a busy parking lot, and police were called. Defendant began driving out of the parking lot, stopped his car, and got a shotgun out of his trunk. He began firing at the unidentified male and shot one of the officers, who had been returning fire at defendant. A jury convicted defendant of two counts of attempted second-degree murder and one count of second-degree assault.

Defendant argued that because no evidence supported an initial aggressor instruction, the trial court erred by instructing the jury that he was not entitled to self-defense if he was the initial aggressor. There was conflicting testimony from witnesses as to whether defendant was the initial aggressor. Based on these facts and because the prosecution needed to make only a minimal showing to support an instruction on an exception to self-defense, the trial court did not err in giving the initial aggressor instruction to the jury. Further, the jury instructions as a whole informed the jury that the prosecution had the burden of proving this exception to self-defense beyond a reasonable doubt.

Defendant argued that the trial court erred by instructing the jury that self-defense is not an affirmative defense if defendant, “with intent to cause bodily injury or death to another person, provoked the use of unlawful physical force by that person.” This instruction should not have been given because there was no evidence to support it. There was no evidence that the error misled the jury, however, so the error was harmless.

Defendant contended that numerous statements made by the prosecutor in closing argument were misleading as to both the facts of this case and the law of self-defense. Some of the prosecutor’s statements regarding the facts and law were improper, but the statements did not constitute reversible error. Moreover, the court instructed the jury that the prosecutor’s arguments were not evidence and that the jury should follow the jury instructions regarding the applicable law. The judgment was affirmed.

Summary and full case available here, courtesy of The Colorado Lawyer.

Colorado Court of Appeals: Applying Novotny to Case Pending on Appeal Not a Retroactive Application

The Colorado Court of Appeals issued its opinion in People v. Maestas on Thursday, October 23, 2014.

Challenge for Cause—Peremptory Challenge—Constitutional Right to Impartial Jury.

A jury found defendant guilty of aggravated robbery, menacing, and eluding police. A division of the Court of Appeals overturned defendant’s conviction and remanded the case for a new trial after determining the trial court had erred by denying one of defendant’s for-cause challenges. The Supreme Court remanded the case to the Court of Appeals for reconsideration in light of its recent decision in People v. Novotny, 2014 CO 18, which held that, where a district court erroneously deprives a defendant of a peremptory challenge, reversal is warranted only where the error was not “harmless under the proper outcome-determinative test.”

The Court first rejected defendant’s contention that applying Novotny retroactively to his case would violate federal and state due process guarantees. Applying Novotny to a case pending on appeal is not a retroactive application of the law and does not offend due process.

The Court agreed with defendant that the trial court abused its discretion by denying his challenges for cause to two prospective jurors, Juror F and Juror H, who indicated they would hold it against defendant if he refused to testify. The trial court denied defendant’s challenges for cause as to Jurors F and H, and defendant used a peremptory challenge to remove Juror H from the jury. Defendant had exhausted his peremptory challenges, so Juror F ultimately served on the jury. Because Juror F, a biased juror, sat on the panel, defendant’s constitutional right to an impartial jury was implicated, and reversal was required. The case was remanded for a new trial.

Summary and full case available here, courtesy of The Colorado Lawyer.

Colorado Supreme Court: Announcement Sheet, 10/27/2014

On Monday, October 27, 2014, the Colorado Supreme Court issued one published opinion.

People v. McKimmy

The summary for this case is forthcoming, courtesy of The Colorado Lawyer.

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, 10/24/2014

On Friday, October 24, 2014, the Tenth Circuit Court of Appeals issued no published opinion and four unpublished opinions.

Lee v. Maye

United States v. Wagner

Hale v. GEO Group, Inc.

United States v. Adams

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