Already have an account? Sign in instead.
You stay signed in for 30 days on this browser.
Continue with Google Continue with MicrosoftNo account yet? Create a free one.
We sent a six-digit code.
It expires in ten minutes, works once, and only in this browser. Five wrong tries void it. Send another code.
Your account is live and the Cloudflare checks are off for this browser.
8 Colorado opinions name it 1 courts 2015–2026 6 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.
| Case | Followed | Cited |
|---|---|---|
People v. Santanagreen2 sentences2025Conversely, a prosecutor’s actions that “only tangentially and weakly imply [that] the defendant bears the 30 burden of proof[] carry[] little to no danger the jury will place the burden of proof on the defendant.” Id. ¶ 65 To determine whether the prosecution has improperly shifted the burden of proof, we view the entire record and consider to what extent (1) the prosecutor specifically argued or intended to establish that the defendant carried the burden of proof; (2) the prosecutor’s actions constituted a fair response to the questioning and comments of defense counsel; and (3) the jury is 2015Accordingly, “[t]he prosecution cannot attempt to shift the burden of proof to the defense.†People v. Bowring , 902 P.2d 911, 921 (Colo. App. 1995). ¶226        Factors to consider in determining the strength of a prosecutor’s burden-shifting actions and whether they have shifted the burden of proof include whether “the prosecutor specifically argued or intended to establish that the defendant carried the burden of proof†and whether “the prosecutor’s actions constituted a fair response to the questioning and comments of defense counsel.†People v. Santana , 255 P.3d | 6 | 8 |
People v. James M. Duncangreen1 sentence2026People v. Duncan, 2023 COA 122 , ¶ 32, 545 P.3d 963, 972 (quoting People v. Santana, 255 P.3d 1126, 1131-32 (Colo. 2011)). ¶ 27 A prosecutor does not necessarily shift the burden of proof by making comments that possibly imply that the defendant bears the burden of proof. | 1 | 1 |
People v. Strockgreen1 sentence2026Applicable Law ¶ 25 When reviewing a prosecutorial misconduct argument, we “determine whether misconduct occurred; that is, whether the 9 prosecution’s conduct was improper ‘in the context of the argument as a whole and in light of the evidence before the jury.’” People v. Ray, 2025 CO 42M, ¶ 128 , 575 P.3d 400 , 435 (quoting People v. Strock, 252 P.3d 1148, 1153 (Colo. App. 2010)). ¶ 26 “[W]e assess if the prosecutor’s comments improperly shifted the burden of proof” by determining whether (1) the prosecutor specifically argued or intended to establish that the defendant carried the burden of | 1 | 1 |
Domingo-Gomez v. Peoplegreen1 sentence2025See id. ¶ 33 When a defendant asserts that the prosecution has improperly shifted its burden of proof, as here, we consider the degree to which (1) the prosecutor specifically argued or intended to establish that the defendant carried the burden of proof; (2) the prosecutor’s actions constituted a fair response to the questioning and comments of defense counsel; and (3) the court and counsel informed the jury about the defendant’s presumption of innocence and the prosecution’s burden of proof. | 1 | 1 |
People v. Liggettgreen1 sentence2015Accordingly, “[t]he prosecution cannot attempt to shift the burden of proof to the defense.†People v. Bowring , 902 P.2d 911, 921 (Colo. App. 1995). ¶226        Factors to consider in determining the strength of a prosecutor’s burden-shifting actions and whether they have shifted the burden of proof include whether “the prosecutor specifically argued or intended to establish that the defendant carried the burden of proof†and whether “the prosecutor’s actions constituted a fair response to the questioning and comments of defense counsel.†People v. Santana , 255 P.3d | 1 | 1 |
People v. Bowringgreen1 sentence2015Accordingly, “[t]he prosecution cannot attempt to shift the burden of proof to the defense.†People v. Bowring , 902 P.2d 911, 921 (Colo. App. 1995). ¶226        Factors to consider in determining the strength of a prosecutor’s burden-shifting actions and whether they have shifted the burden of proof include whether “the prosecutor specifically argued or intended to establish that the defendant carried the burden of proof†and whether “the prosecutor’s actions constituted a fair response to the questioning and comments of defense counsel.†People v. Santana , 255 P.3d | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Colorado. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
The People of the State of Colorado v. Robert Keith Ray.
green
1 sentence2026Applicable Law ¶ 25 When reviewing a prosecutorial misconduct argument, we “determine whether misconduct occurred; that is, whether the 9 prosecution’s conduct was improper ‘in the context of the argument as a whole and in light of the evidence before the jury.’” People v. Ray, 2025 CO 42M, ¶ 128 , 575 P.3d 400 , 435 (quoting People v. Strock, 252 P.3d 1148, 1153 (Colo. App. 2010)). ¶ 26 “[W]e assess if the prosecutor’s comments improperly shifted the burden of proof” by determining whether (1) the prosecutor specifically argued or intended to establish that the defendant carried the burden of | 1 | 2026–2026 |
People v. Krueger
green
1 sentence2019People v. Krueger, 2012 COA 80, ¶ 50 . ¶ 89 To assess allegations of burden-shifting, courts consider the degree to which: (1) the prosecutor specifically argued or intended to establish that the defendant carried the burden of proof; (2) the prosecutor’s actions constituted a fair response to the questioning and comments of defense counsel; and (3) the jury is informed by counsel and the court about the defendant’s presumption of innocence and the prosecution’s burden of proof. | 1 | 2019–2019 |
Liggett v. People
green
1 sentence2015Accordingly, “[t]he prosecution cannot attempt to shift the burden of proof to the defense.†People v. Bowring , 902 P.2d 911, 921 (Colo. App. 1995). ¶226        Factors to consider in determining the strength of a prosecutor’s burden-shifting actions and whether they have shifted the burden of proof include whether “the prosecutor specifically argued or intended to establish that the defendant carried the burden of proof†and whether “the prosecutor’s actions constituted a fair response to the questioning and comments of defense counsel.†People v. Santana , 255 P.3d | 1 | 2015–2015 |