contemporaneous instruction (Colorado) · Go Syfert
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contemporaneous instruction in Colorado

9 Colorado opinions name it 2 courts 1967–2024 1 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. McCluregreen
colo · 1989 · cited in 2 Colorado opinions naming this issue, 1997–2002
2 sentences

2002In People v. Burgess, 946 P.2d 565 (Colo.App.1997), a division of this court held that the 1998 amendments to § 13-25-129 evidenced the General Assembly's intent to eliminate the contemporaneous instruction requirement in People v. McClure, 779 P.2d 864 (Colo.1989). 'We agree with that holding and conclude that it is dispositive of defendant's contention.

1997See People v. McClure, supra. In other cases, it was not.

12
National Farmers Union Property v. Estate of Moshergreen
coloctapp · 2000 · cited in 1 Colorado opinions naming this issue, 2024–2024
1 sentence

2024Co. v. Estate of Mosher, 22 P.3d 531, 534 (Colo. App. 2000) (“We are not at liberty to read additional terms into, or to modify, the plain language of a statute, particularly where, as here, the 1 While we conclude that a contemporaneous instruction isn’t required, it seems that granting such a request is certainly best practice, absent a compelling countervailing reason. 16 General Assembly has elsewhere enacted the very limitation urged upon the court.”) (citations omitted). ¶ 36 Next, Sais argues that even if giving a contemporaneous limiting instruction is discretionary, the trial court fa

11
People v. Collinsgreen
colo · 1986 · cited in 1 Colorado opinions naming this issue, 1998–1998
2 sentences

1998See, e.g., People v. Czemerynski, 786 P.2d 1100, 1107 (Colo.1990) (looking to the comment following CRE 803(1) to provide further guidance on the admissibility. o:f spontaneous or present sense, impressions exceptions to the hearsay rale and. to distinguish the Colorado rule from the federal rule — the Colorado rale being more restrictive on the contemporaneous requirement); People v. Collins, 730 P.2d 293, 305 (Colo.1986) (looking to the comment following CRE 704 to analyze the permissibility of a lay witness testifying as to an ultimate issue of fact).

1998See, e.g., People v. Czemerynski, 786 P.2d 1100, 1107 (Colo.1990) (looking to the comment following CRE 803(1) to provide further guidance on the admissibility of spontaneous or present sense impressions exceptions to the hearsay rule and to distinguish the Colorado rule from the federal rule—the Colorado rule being more restrictive on the contemporaneous requirement); People v. Collins, 730 P.2d 293, 305 (Colo.1986) (looking to the comment following CRE 704 to analyze the permissibility of a lay witness testifying as to an ultimate issue of fact).

11
People v. Czemerynskigreen
colo · 1990 · cited in 1 Colorado opinions naming this issue, 1998–1998
2 sentences

1998See, e.g., People v. Czemerynski, 786 P.2d 1100, 1107 (Colo.1990) (looking to the comment following CRE 803(1) to provide further guidance on the admissibility. o:f spontaneous or present sense, impressions exceptions to the hearsay rale and. to distinguish the Colorado rule from the federal rule — the Colorado rale being more restrictive on the contemporaneous requirement); People v. Collins, 730 P.2d 293, 305 (Colo.1986) (looking to the comment following CRE 704 to analyze the permissibility of a lay witness testifying as to an ultimate issue of fact).

1998See, e.g., People v. Czemerynski, 786 P.2d 1100, 1107 (Colo.1990) (looking to the comment following CRE 803(1) to provide further guidance on the admissibility of spontaneous or present sense impressions exceptions to the hearsay rule and to distinguish the Colorado rule from the federal rule—the Colorado rule being more restrictive on the contemporaneous requirement); People v. Collins, 730 P.2d 293, 305 (Colo.1986) (looking to the comment following CRE 704 to analyze the permissibility of a lay witness testifying as to an ultimate issue of fact).

11
People v. Valdezgreen
coloctapp · 1993 · cited in 1 Colorado opinions naming this issue, 1997–1997
1 sentence

1997See People v. Valdez, 874 P.2d 415 (Colo.App.1993).

11
People v. Wilsongreen
colo · 1992 · cited in 1 Colorado opinions naming this issue, 1993–1993
1 sentence

1993See People v. Wilson, supra. III.

11
People v. Diefenderfergreen
colo · 1989 · cited in 1 Colorado opinions naming this issue, 1992–1992
1 sentence

1992See People v. Diefenderfer, 784 P.2d 741 (Colo.1989).

11
Rosier v. Peoplegreen
colo · 1952 · cited in 1 Colorado opinions naming this issue, 1967–1967
2 sentences

1967See, Rosier v. People, 126 Colo. 82 , 247 P.2d 448 ; Ewing v. People, 87 Colo. 6 , 284 P. 341 .

1967See, Rosier v. People, 126 Colo. 82 , 247 P.2d 448 ; Ewing v. People, 87 Colo. 6 , 284 P. 341 .

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 (4)

CaseCitedYears
People v. Burgess green
coloctapp · 1997
1 sentence

2002In People v. Burgess, 946 P.2d 565 (Colo.App.1997), a division of this court held that the 1998 amendments to § 13-25-129 evidenced the General Assembly's intent to eliminate the contemporaneous instruction requirement in People v. McClure, 779 P.2d 864 (Colo.1989). 'We agree with that holding and conclude that it is dispositive of defendant's contention.

12002–2002
People v. Flysaway green
coloctapp · 1990
1 sentence

1991While there may be cases in which an instruction in the final charge is sufficient to cure the prior default in giving a contemporaneous instruction, see Flysaway, supra, the converse situation yields no such clear conclusion.

11991–1991
People v. Frysig green
colo · 1981
1 sentence

1985People v. Frysig, supra. In Frysig , although the court erroneously instructed the jury, that error was cured by a contemporaneous instruction defining the term substantial step.

11985–1985
Ewing v. People neutral
colo · 1930
2 sentences

1967See, Rosier v. People, 126 Colo. 82 , 247 P.2d 448 ; Ewing v. People, 87 Colo. 6 , 284 P. 341 .

1967See, Rosier v. People, 126 Colo. 82 , 247 P.2d 448 ; Ewing v. People, 87 Colo. 6 , 284 P. 341 .

11967–1967

Statutes the citing opinions construe

CO § Colo. Rev. Stat. § 13-25-129 (5)

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

TX 18 (1931–2023) GA 16 (1982–2019) NJ 12 (1977–2024) IL 10 (1899–2022) TN 10 (1971–2021) NY 9 (1962–2022) CO 9 (1967–2024) CA 9 (1968–2015) MS 9 (1974–2001) LA 7 (1976–2026) WA 6 (1996–2019) DE 4 (1991–2024) MD 4 (2010–2026) PA 4 (2001–2015) CT 3 (2001–2018) IN 3 (2002–2016) FL 3 (1992–1997) NC 2 (2011–2025) IA 2 (1904–2021) KY 2 (2005–2015) WI 2 (1985–1986) MI 2 (1973–1998) VA 2 (2018–2026) KS 2 (2008–2010) MO 2 (1988–1992) NE 2 (1987–1990) WY 2 (2007–2010) SC 2 (2005–2009) MA 2 (2014–2024) AL 2 (2013–2013)

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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