July 16, 2018

Colorado Supreme Court: District Court Incorrectly Determined “Special Circumstances” Warranted Disqualification

The Colorado Supreme Court issued its opinion in People v. Kendrick on Monday, July 3, 2017.

Disqualification—Special Circumstances.

In this interlocutory appeal, the supreme court reviewed the district court’s decision to disqualify the District Attorney’s Office for the Fourth Judicial District from re-prosecuting defendant’s case after a second mistrial. The court concluded that the district court misinterpreted the “special circumstances” prong of C.R.S. § 20-1-107(2) in finding that the circumstances at issue satisfy the high burden required to bar an entire district attorney’s office from prosecuting a defendant. Accordingly, the court concluded that the district court abused its discretion in disqualifying the District Attorney’s Office, reversed the district court’s order, and remanded the case for further proceedings.

Summary provided courtesy of The Colorado Lawyer.

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