multiplicity challenge (Colorado) · Go Syfert
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multiplicity challenge in Colorado

8 Colorado opinions name it 2 courts 1986–2025 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 (10)

CaseFollowedCited
Woellhaf v. Peoplegreen
colo · 2005 · cited in 2 Colorado opinions naming this issue, 2017–2017
2 sentences

2017P. 12(b).1 But the supreme court 1The Double Jeopardy Clauses of the United States and Colorado Constitutions protect “against multiple punishments for the same 4 recently rejected this argument in People v. Zadra, 2017 CO 18, ¶ 17 , and Reyna-Abarca v. People, 2017 CO 15, ¶¶ 38-45 . ¶ 10 Reviewing defendant’s contention requires us to determine whether the court erred and, if so, whether the error requires reversal. ¶ 11 Determining whether to require the prosecution to elect a particular act on which it is relying to prove a charge involves an exercise of the district court’s discretion, see

2017See Woellhaf, 105 P.3d at 214-15, 220 .

22
Thomas v. Peoplegreen
colo · 1990 · cited in 2 Colorado opinions naming this issue, 2017–2017
2 sentences

2017P. 12(b).1 But the supreme court 1The Double Jeopardy Clauses of the United States and Colorado Constitutions protect “against multiple punishments for the same 4 recently rejected this argument in People v. Zadra, 2017 CO 18, ¶ 17 , and Reyna-Abarca v. People, 2017 CO 15, ¶¶ 38-45 . ¶ 10 Reviewing defendant’s contention requires us to determine whether the court erred and, if so, whether the error requires reversal. ¶ 11 Determining whether to require the prosecution to elect a particular act on which it is relying to prove a charge involves an exercise of the district court’s discretion, see

2017P. 12(b). 1 But the supreme *841 court recently rejected this argument in People v. Zadra, 2017 CO 18 , ¶ 17, 389 P.3d 885 , and Reyna-Abarca v. People, 2017 CO 15 , ¶¶ 38-45, 390 P.3d 816 . ¶ 10 Reviewing defendant's contention requires us to determine whether the court erred and, if so, whether the error requires reversal. ¶ 11 Determining whether to require the prosecution to elect a particular act on which it is relying to prove a charge involves an exercise of the district court's discretion, see Thomas v. People, 803 P.2d 144 , 154 (Colo.1990), as does determining whether to give a parti

12
People v. Vigilgreen
coloctapp · 2010 · cited in 1 Colorado opinions naming this issue, 2025–2025
1 sentence

2025People v. Vigil, 251 P.3d 442, 448 (Colo. App. 2010).

11
Whalen v. United Statesgreen
scotus · 1980 · cited in 1 Colorado opinions naming this issue, 2017–2017
1 sentence

2017P. 12(b).1 But the supreme court 1The Double Jeopardy Clauses of the United States and Colorado Constitutions protect “against multiple punishments for the same 4 recently rejected this argument in People v. Zadra, 2017 CO 18, ¶ 17 , and Reyna-Abarca v. People, 2017 CO 15, ¶¶ 38-45 . ¶ 10 Reviewing defendant’s contention requires us to determine whether the court erred and, if so, whether the error requires reversal. ¶ 11 Determining whether to require the prosecution to elect a particular act on which it is relying to prove a charge involves an exercise of the district court’s discretion, see

11
United States v. Elie F. Abboud (04-3942) and Michel Abboud (04-3943)green
ca6 · 2006 · cited in 1 Colorado opinions naming this issue, 2013–2013
1 sentence

2013E.g.,United States v. Abboud, 438 F.3d 554, 556-57 (6th Cir.2006).

11
People v. Greergreen
coloctapp · 2011 · cited in 1 Colorado opinions naming this issue, 2013–2013
1 sentence

2013P. 12(b)(2) and (3) was a result of oversight, and the multiplicity claim on appeal is not one requiring development of a factual record, see People v. Greer, 262 P.3d 920, 936 (Colo.App.2011) (J.

11
People v. Renandergreen
coloctapp · 2006 · cited in 1 Colorado opinions naming this issue, 2010–2010
1 sentence

2010People v. Renander, 151 P.3d 657, 661 (Colo.App.2006).

11
Marquiz v. Peoplegreen
colo · 1986 · cited in 1 Colorado opinions naming this issue, 1996–1996
1 sentence

1996The rationale is that, in separate trials, acquittal of all but one of the alleged conspirators “could result from a multiplicity of factors completely unrelated to the actual existence of a conspiracy.” Marquiz v. People, 726 P.2d 1105, 1107 (Colo.1986).

11
United States v. Obie Diah Strothergreen
ca5 · 1972 · cited in 1 Colorado opinions naming this issue, 1986–1986
1 sentence

1986When alleged coconspirators are tried in separate proceedings, however, the reasons for the rule lose much if not all of their force. 4 There is no inherent inconsistency when different juries return different verdicts in separate trials, because the acquittal of one of the conspirators “ ‘could [result] from a multiplicity of factors completely unrelated to the actual existence of a conspiracy.’ ” Commonwealth v. Byrd, 417 A.2d at 177 (quoting United States v. Strother, 458 F.2d 424, 426 (5th Cir.), cert. denied, 409 U.S. 1011 , 93 S.Ct. 456 , 34 L.Ed.2d 305 (1972)).

11
People v. Andersongreen
mich · 1983 · cited in 1 Colorado opinions naming this issue, 1986–1986
1 sentence

1986See also People v. Anderson, 340 N.W.2d at 636 ; Platt v. State, 8 N.W.2d at 855 .

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 (7)

CaseCitedYears
People v. Marks green
coloctapp · 2015
2 sentences

2017P. 12(b). 1 But the supreme *841 court recently rejected this argument in People v. Zadra, 2017 CO 18 , ¶ 17, 389 P.3d 885 , and Reyna-Abarca v. People, 2017 CO 15 , ¶¶ 38-45, 390 P.3d 816 . ¶ 10 Reviewing defendant's contention requires us to determine whether the court erred and, if so, whether the error requires reversal. ¶ 11 Determining whether to require the prosecution to elect a particular act on which it is relying to prove a charge involves an exercise of the district court's discretion, see Thomas v. People, 803 P.2d 144 , 154 (Colo.1990), as does determining whether to give a parti

2017P. 12(b). 1 But the supreme *841 court recently rejected this argument in People v. Zadra, 2017 CO 18 , ¶ 17, 389 P.3d 885 , and Reyna-Abarca v. People, 2017 CO 15 , ¶¶ 38-45, 390 P.3d 816 . ¶ 10 Reviewing defendant's contention requires us to determine whether the court erred and, if so, whether the error requires reversal. ¶ 11 Determining whether to require the prosecution to elect a particular act on which it is relying to prove a charge involves an exercise of the district court's discretion, see Thomas v. People, 803 P.2d 144 , 154 (Colo.1990), as does determining whether to give a parti

22017–2017
v. Zadra No. 15SC262, People v. Adams green
colo · 2017
2 sentences

2017P. 12(b). 1 But the supreme *841 court recently rejected this argument in People v. Zadra, 2017 CO 18 , ¶ 17, 389 P.3d 885 , and Reyna-Abarca v. People, 2017 CO 15 , ¶¶ 38-45, 390 P.3d 816 . ¶ 10 Reviewing defendant's contention requires us to determine whether the court erred and, if so, whether the error requires reversal. ¶ 11 Determining whether to require the prosecution to elect a particular act on which it is relying to prove a charge involves an exercise of the district court's discretion, see Thomas v. People, 803 P.2d 144 , 154 (Colo.1990), as does determining whether to give a parti

2017P. 12(b). 1 But the supreme *841 court recently rejected this argument in People v. Zadra, 2017 CO 18 , ¶ 17, 389 P.3d 885 , and Reyna-Abarca v. People, 2017 CO 15 , ¶¶ 38-45, 390 P.3d 816 . ¶ 10 Reviewing defendant's contention requires us to determine whether the court erred and, if so, whether the error requires reversal. ¶ 11 Determining whether to require the prosecution to elect a particular act on which it is relying to prove a charge involves an exercise of the district court's discretion, see Thomas v. People, 803 P.2d 144 , 154 (Colo.1990), as does determining whether to give a parti

22017–2017
Abarca v. People No. 13SC750, Hill v. People No. 14SC3, Medrano-Bustamante v. People No. 14SC7, People v. Smoots green
colo · 2017
2 sentences

2017P. 12(b). 1 But the supreme *841 court recently rejected this argument in People v. Zadra, 2017 CO 18 , ¶ 17, 389 P.3d 885 , and Reyna-Abarca v. People, 2017 CO 15 , ¶¶ 38-45, 390 P.3d 816 . ¶ 10 Reviewing defendant's contention requires us to determine whether the court erred and, if so, whether the error requires reversal. ¶ 11 Determining whether to require the prosecution to elect a particular act on which it is relying to prove a charge involves an exercise of the district court's discretion, see Thomas v. People, 803 P.2d 144 , 154 (Colo.1990), as does determining whether to give a parti

2017P. 12(b). 1 But the supreme *841 court recently rejected this argument in People v. Zadra, 2017 CO 18 , ¶ 17, 389 P.3d 885 , and Reyna-Abarca v. People, 2017 CO 15 , ¶¶ 38-45, 390 P.3d 816 . ¶ 10 Reviewing defendant's contention requires us to determine whether the court erred and, if so, whether the error requires reversal. ¶ 11 Determining whether to require the prosecution to elect a particular act on which it is relying to prove a charge involves an exercise of the district court's discretion, see Thomas v. People, 803 P.2d 144 , 154 (Colo.1990), as does determining whether to give a parti

22017–2017
Platt v. State green
neb · 1943
1 sentence

1986See also People v. Anderson, 340 N.W.2d at 636 ; Platt v. State, 8 N.W.2d at 855 .

11986–1986
Commonwealth v. Byrd green
pa · 1980
1 sentence

1986When alleged coconspirators are tried in separate proceedings, however, the reasons for the rule lose much if not all of their force. 4 There is no inherent inconsistency when different juries return different verdicts in separate trials, because the acquittal of one of the conspirators “ ‘could [result] from a multiplicity of factors completely unrelated to the actual existence of a conspiracy.’ ” Commonwealth v. Byrd, 417 A.2d at 177 (quoting United States v. Strother, 458 F.2d 424, 426 (5th Cir.), cert. denied, 409 U.S. 1011 , 93 S.Ct. 456 , 34 L.Ed.2d 305 (1972)).

11986–1986
Chacon v. McClain green
scotus · 1972
1 sentence

1986When alleged coconspirators are tried in separate proceedings, however, the reasons for the rule lose much if not all of their force. 4 There is no inherent inconsistency when different juries return different verdicts in separate trials, because the acquittal of one of the conspirators “ ‘could [result] from a multiplicity of factors completely unrelated to the actual existence of a conspiracy.’ ” Commonwealth v. Byrd, 417 A.2d at 177 (quoting United States v. Strother, 458 F.2d 424, 426 (5th Cir.), cert. denied, 409 U.S. 1011 , 93 S.Ct. 456 , 34 L.Ed.2d 305 (1972)).

11986–1986
Emdy v. United States green
scotus · 1972
1 sentence

1986When alleged coconspirators are tried in separate proceedings, however, the reasons for the rule lose much if not all of their force. 4 There is no inherent inconsistency when different juries return different verdicts in separate trials, because the acquittal of one of the conspirators “ ‘could [result] from a multiplicity of factors completely unrelated to the actual existence of a conspiracy.’ ” Commonwealth v. Byrd, 417 A.2d at 177 (quoting United States v. Strother, 458 F.2d 424, 426 (5th Cir.), cert. denied, 409 U.S. 1011 , 93 S.Ct. 456 , 34 L.Ed.2d 305 (1972)).

11986–1986

Statutes the citing opinions construe

CO § Colo. Rev. Stat. § 18-1-408 (4) CO § Colo. Rev. Stat. § 18-2-201 (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

WI 44 (1985–2026) KS 39 (1992–2025) DE 17 (1987–2025) CA 12 (1970–2019) CO 8 (1986–2025) UT 8 (2000–2022) FL 7 (1992–2017) PA 4 (1968–2024) MI 4 (1985–2013) IL 3 (1979–1998) MA 3 (2014–2016) TN 2 (2012–2013) GA 2 (2018–2020) NC 2 (1972–2025) CT 2 (2001–2003) ND 2 (2008–2008) NJ 2 (2006–2022) ME 2 (2009–2013) DC 2 (1990–2006) TX 2 (1999–2015)

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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