defendant to prepare defense (Colorado) · Go Syfert
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defendant to prepare defense in Colorado

16 Colorado opinions name it 2 courts 1979–2020 0 in the last five years

The cases below were cited by Colorado courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (8)

CaseFollowedCited
People v. Ingersollgreen
colo · 1973 · cited in 3 Colorado opinions naming this issue, 1979–1979
2 sentences

1979See People v. Ingersoll, 181 Colo. 1 , 506 P.2d 364 (1973).

1979See People v. Ingersoll, 181 Colo. 1 , 506 P.2d 364 (1973).

33
People v. DISTRICT CT. FOR SECOND JUD. DIST.green
colo · 1979 · cited in 4 Colorado opinions naming this issue, 1983–2004
2 sentences

1988The decision whether it is appropriate to order a bill of particulars therefore depends on the trial judge’s determination, given the particular facts of a case, “whether the requested information is necessary for the defendant to prepare his defense and to avoid prejudicial surprise.” Id. at 504, 603 P.2d at 129 (emphasis added).

1988The decision whether it is appropriate to order a bill of particulars therefore depends on the trial judge's determination, given the particular facts of a case, "whether the requested information is necessary for the defendant to prepare his defense and to avoid prejudicial surprise. " Id. at 504, 603 P.2d at 129 (emphasis added).

24
People v. Metcalfgreen
coloctapp · 1996 · cited in 2 Colorado opinions naming this issue, 2018–2020
2 sentences

2020See People v. Garcia, 940 P.2d 357, 362 (Colo. 1997) (noting that the information must “give [the defendant] a fair and adequate opportunity to prepare his defense, and . . . ensure that [the defendant] is not taken by surprise because of evidence offered at the time of trial”); see also Metcalf, 926 P.2d at 139 (explaining that the “purposes served by a criminal information are” in part “to enable the defendant to prepare a defense”).

2018P. 7(e). ¶ 32 The purpose of an information is to “advise the defendant of the nature of the charges, to enable the defendant to prepare a defense, and to protect the defendant from further prosecution for the same offense.” People v. Metcalf, 926 P.2d 133, 139 (Colo. App. 1996); accord People v. Williams, 984 P.2d 56, 60 (Colo. 1999).

22
People v. Quintanogreen
coloctapp · 2004 · cited in 2 Colorado opinions naming this issue, 2007–2010
2 sentences

2007In ruling on this request, "the trial court should consider whether the requested information is necessary for the defendant to prepare his defense or to protect against subsequent prosecution." People v. Quintano, 81 P.3d 1093, 1096 (Colo.App.2003), aff'd, 105 P.3d 585 (Colo.2005).

2007In ruling on this request, “the trial court should consider whether the requested information is necessary for the defendant to prepare his defense or to protect against subsequent prosecution.” People v. Quintano, 81 P.3d 1093, 1096 (Colo.App.2003), aff'd, 105 P.3d 585 (Colo.2005).

22
People v. Garciagreen
colo · 1997 · cited in 1 Colorado opinions naming this issue, 2020–2020
1 sentence

2020See People v. Garcia, 940 P.2d 357, 362 (Colo. 1997) (noting that the information must “give [the defendant] a fair and adequate opportunity to prepare his defense, and . . . ensure that [the defendant] is not taken by surprise because of evidence offered at the time of trial”); see also Metcalf, 926 P.2d at 139 (explaining that the “purposes served by a criminal information are” in part “to enable the defendant to prepare a defense”).

11
People v. Williamsgreen
colo · 1999 · cited in 1 Colorado opinions naming this issue, 2018–2018
1 sentence

2018P. 7(e). ¶ 32 The purpose of an information is to “advise the defendant of the nature of the charges, to enable the defendant to prepare a defense, and to protect the defendant from further prosecution for the same offense.” People v. Metcalf, 926 P.2d 133, 139 (Colo. App. 1996); accord People v. Williams, 984 P.2d 56, 60 (Colo. 1999).

11
People v. Manzanaresgreen
coloctapp · 1996 · cited in 1 Colorado opinions naming this issue, 2011–2011
1 sentence

2011People v. Manzanares, 942 P.2d 1235, 1242 (Colo.App.1996).

11
Kogan v. Peoplegreen
colo · 1988 · cited in 1 Colorado opinions naming this issue, 1990–1990
1 sentence

1990Id. at 81 , 612 P.2d at 523 ; see also Kogan v. People, 756 P.2d 945 (Colo.1988) (relying solely on the defense preparation rationale because trial was to the court).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Colorado. Read the followed side critically anyway.

Also cited on this issue (9)

CaseCitedYears
Wong Tai v. United States green
scotus · 1927
2 sentences

1979Wong Tai v. United States, 273 U.S. 77 , 47 S.Ct. 300 , 71 L.Ed. 545 (1927); United States v. Roya, 574 F.2d 386 (7th Cir. 1978); Balltrip v. People, supra. The bill does not require a detailed disclosure of the evidence upon which the prosecution expects to rely.

1979Wong Tai v. United States, 273 U.S. 77 , 47 S.Ct. 300 , 71 L.Ed. 545 (1927); United States v. Roya, 574 F.2d 386 (7th Cir. 1978); Balltrip v. People, supra. The bill does not require a detailed disclosure of the evidence upon which the prosecution expects to rely.

31979–1979
United States v. Ray Roya green
ca7 · 1978
2 sentences

1979Wong Tai v. United States, 273 U.S. 77 , 47 S.Ct. 300 , 71 L.Ed. 545 (1927); United States v. Roya, 574 F.2d 386 (7th Cir. 1978); Balltrip v. People, supra. The bill does not require a detailed disclosure of the evidence upon which the prosecution expects to rely.

1979Wong Tai v. United States, 273 U.S. 77 , 47 S.Ct. 300 , 71 L.Ed. 545 (1927); United States v. Roya, 574 F.2d 386 (7th Cir. 1978); Balltrip v. People, supra. The bill does not require a detailed disclosure of the evidence upon which the prosecution expects to rely.

31979–1979
Quintano v. People green
colo · 2005
2 sentences

2007In ruling on this request, "the trial court should consider whether the requested information is necessary for the defendant to prepare his defense or to protect against subsequent prosecution." People v. Quintano, 81 P.3d 1093, 1096 (Colo.App.2003), aff'd, 105 P.3d 585 (Colo.2005).

2007In ruling on this request, “the trial court should consider whether the requested information is necessary for the defendant to prepare his defense or to protect against subsequent prosecution.” People v. Quintano, 81 P.3d 1093, 1096 (Colo.App.2003), aff'd, 105 P.3d 585 (Colo.2005).

22007–2010
People v. District Court for the Second Judicial District green
colo · 1979
2 sentences

2004Woertman v. People, supra; People v. District Court, 198 Colo. 501 , 603 P.2d 127 (1979).

1983A bill of particulars must provide such information requested by defendant as is “necessary for the defendant to prepare his defense and to avoid prejudicial surprise.” People v. District Court, 198 Colo. 501 , 603 P.2d 127 (1979).

21983–2004
Erickson v. People green
colo · 1998
2 sentences

2004Erickson v. People, 951 P.2d 919 (Colo. 1998).

2004Erickson v. People, 951 P.2d 919 (Colo.1998).

22004–2004
People v. Thomas green
coloctapp · 1991
2 sentences

1996People v. Thomas, 832 P.2d 990 (Colo.App.1991).

1996People v. Thomas, 832 P.2d 990 (Colo.App.1991).

21996–1996
People v. Estorga green
colo · 1980
2 sentences

1990Id. at 81 , 612 P.2d at 523 ; see also Kogan v. People, 756 P.2d 945 (Colo.1988) (relying solely on the defense preparation rationale because trial was to the court).

1990Id. at 81 , 612 P.2d at 523 ; see also Kogan v. People, 756 P.2d 945 (Colo.1988) (relying solely on the defense preparation rationale because trial was to the court).

11990–1990
Billingsley v. United States green
ca8 · 1926
2 sentences

1988If, however, information about the time when the alleged crime was committed is necessary to enable the defendant to prepare his defense or to guard against a subsequent prosecution for the same crime, such information must be provided. 2 Wharton’s § 355; Billingsly v. United States, 16 F.2d 754 (8th Cir.1926); State v. Hicks, 666 S.W.2d 54 (Tenn.1984).

1988If, however, information about the time when the alleged crime was committed is necessary to enable the defendant to prepare his defense or to guard against a subsequent prosecution for the same crime, such information must be provided. 2 Wharton's § 355; Billingsly v. United States, 16 F.2d 754 (8th Cir.1926); State v. Hicks, 666 S.W.2d 54 (Tenn.1984).

11988–1988
State v. Hicks green
tenn · 1984
2 sentences

1988If, however, information about the time when the alleged crime was committed is necessary to enable the defendant to prepare his defense or to guard against a subsequent prosecution for the same crime, such information must be provided. 2 Wharton’s § 355; Billingsly v. United States, 16 F.2d 754 (8th Cir.1926); State v. Hicks, 666 S.W.2d 54 (Tenn.1984).

1988If, however, information about the time when the alleged crime was committed is necessary to enable the defendant to prepare his defense or to guard against a subsequent prosecution for the same crime, such information must be provided. 2 Wharton's § 355; Billingsly v. United States, 16 F.2d 754 (8th Cir.1926); State v. Hicks, 666 S.W.2d 54 (Tenn.1984).

11988–1988

Statutes the citing opinions construe

CO § Colo. Rev. Stat. § 18-3-405 (5) CO § Colo. Rev. Stat. § 18-4-401 (4) CO § Colo. Rev. Stat. § 18-1.3-401 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

PA 70 (1900–2026) TX 62 (1973–2025) IL 57 (1953–2024) WA 53 (1896–2025) MO 42 (1912–2025) NC 39 (1958–2026) NY 33 (1909–2025) GA 28 (1925–2024) LA 18 (1939–2025) CO 16 (1979–2020) CA 12 (1887–2025) CT 11 (1962–2017) WY 10 (1926–2022) TN 9 (1985–2019) OR 9 (1963–2017) MS 9 (1997–2008) AZ 7 (1969–2022) ID 6 (1980–1996) ND 6 (1995–2021) NH 6 (1984–2011) FL 6 (1937–2009) KS 5 (1886–2018) UT 5 (1948–2024) MN 5 (1921–2015) OH 5 (1961–2022) AL 4 (1963–1990) MI 4 (1916–1995) NJ 4 (1959–2026) IN 4 (1980–2020) WI 4 (1988–2022) MT 4 (1965–2023) NM 3 (1966–2021) MD 3 (1983–2013) ME 3 (1984–1990) VA 3 (1961–2002) VT 2 (1999–2020) AR 2 (1884–1931) VI 2 (2013–2015) MA 2 (1991–1992) DE 2 (2024–2024) WV 2 (1992–1999) IA 2 (2001–2016)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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