sequestration violation (Colorado) · Go Syfert
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sequestration violation in Colorado

7 Colorado opinions name it 2 courts 1981–2016 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 (9)

CaseFollowedCited
People v. Melendezgreen
colo · 2004 · cited in 3 Colorado opinions naming this issue, 2006–2016
2 sentences

2016Cf. People v. Melendez, 102 P.3d 315, 319 (Colo. 2004) (“In proper circumstances, the trial court may sequester witnesses, find that a witness has violated the sequestration order, and impose sanctions for the sequestration violation.”) (emphasis added).

2009In People v. Melendez, 102 P.3d 315 (Colo.2004), although we referenced Valenzuela-Bernal as support for the proposition that the right to present defense evidence is not absolute, see Melendez, 102 P.3d at 320 , we did not condition a finding of constitutional error in that case on the demonstration of a reasonable probability or reasonable likelihood that the outcome of the trial would have been different but for the trial court's misapplication of the sequestration rule.

23
People v. Woodgreen
colo · 1987 · cited in 2 Colorado opinions naming this issue, 2004–2006
2 sentences

2006"Before it considers sanctions for a sequestration violation, the trial court must first determine that a violation has actually occurred and prejudice will result from unrestricted admission of the testimony." People v. Melendez, 102 P.3d 315, 319 (Colo.2004). *629 As pertinent here, CRE 615 provides that, upon either its own motion or the request of a party, the trial court "shall order witnesses excluded so they cannot hear the testimony of other witnesses." "The purpose of a sequestration order is to 'prevent a witness from conforming his [or her] testimony to that of other witnesses and t

2004See People v. Wood, 743 P.2d 422, 429-30 (Colo.1987); People v. P.R.G., 729 P.2d 380, 382 (Colo.App.1986).

22
People v. Scarlettgreen
coloctapp · 1998 · cited in 1 Colorado opinions naming this issue, 2006–2006
1 sentence

2006"Before it considers sanctions for a sequestration violation, the trial court must first determine that a violation has actually occurred and prejudice will result from unrestricted admission of the testimony." People v. Melendez, 102 P.3d 315, 319 (Colo.2004). *629 As pertinent here, CRE 615 provides that, upon either its own motion or the request of a party, the trial court "shall order witnesses excluded so they cannot hear the testimony of other witnesses." "The purpose of a sequestration order is to 'prevent a witness from conforming his [or her] testimony to that of other witnesses and t

11
Holder v. United Statesgreen
scotus · 1893 · cited in 1 Colorado opinions naming this issue, 2004–2004
2 sentences

2004See Holder v. United States, 150 U.S. 91, 92 , 14 S.Ct. 10 , 37 L.Ed. 1010 (1893)("[Tlhe weight of authority is that [a witness] cannot be excluded on [the] ground [of a sequestration violation] merely...."}.

2004See Holder v. United States, 150 U.S. 91, 92 , 14 S.Ct. 10 , 37 L.Ed. 1010 (1893)("[Tlhe weight of authority is that [a witness] cannot be excluded on [the] ground [of a sequestration violation] merely...."}.

11
Schuyler Nat. Bank v. Bollong. Three Casesgreen
scotus · 1893 · cited in 1 Colorado opinions naming this issue, 2004–2004
1 sentence

2004See Holder v. United States, 150 U.S. 91, 92 , 14 S.Ct. 10 , 37 L.Ed. 1010 (1893)("[Tlhe weight of authority is that [a witness] cannot be excluded on [the] ground [of a sequestration violation] merely...."}.

11
Vickers v. Peoplegreen
colo · 1903 · cited in 1 Colorado opinions naming this issue, 2004–2004
1 sentence

2004See Vickers v. People, 31 Colo. 491 , 73 P. 845 (1903).

11
People v. Gomezgreen
colo · 1981 · cited in 1 Colorado opinions naming this issue, 2004–2004
1 sentence

2004See Wood, 743 P.2d at 429 (finding no prejudice to defendant requiring exclusion of witness for sequestration violation); cf. People v. Gomez, 632 P.2d 586, 594 (Colo.1981)(approving trial court's limitation on scope of testimony by witness who violated sequestration order).

11
People v. Watkinsgreen
coloctapp · 2003 · cited in 1 Colorado opinions naming this issue, 2004–2004
1 sentence

2004See People v. Watkins, 83 P.3d 1182, 1186 (Colo.App.2003)(approving trial court's limitation on presentation of evidence to avoid unnecessary "mini-trials"); see also United States v. Graham, 2003 WL 23156628 *2 (D.Colo.

11
People v. P.R.G.green
coloctapp · 1986 · cited in 1 Colorado opinions naming this issue, 2004–2004
1 sentence

2004See People v. Wood, 743 P.2d 422, 429-30 (Colo.1987); People v. P.R.G., 729 P.2d 380, 382 (Colo.App.1986).

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 (3)

CaseCitedYears
Segura v. People green
colo · 1966
2 sentences

1986In Segura v. People, 159 Colo. at 371 , 412 P.2d at 227 , a first-degree murder case, defense counsel agreed with the prosecutor that sequestration of the jury was unnecessary.

1986In Segura v. People, 159 Colo. at 371 , 412 P.2d at 227 , a first-degree murder case, defense counsel agreed with the prosecutor that sequestration of the jury was unnecessary.

11986–1986
Martin v. Porak green
coloctapp · 1981
1 sentence

1985Martin v. Porak, supra. These policy reasons apply with equal force to known rebuttal witnesses.

11985–1985
Gene Miller v. Universal City Studios, Inc. green
ca5 · 1981
1 sentence

1981Miller v. Universal City Studios, Inc., 650 F.2d 1365 (5th Cir. 1981).

11981–1981

Where else courts name it

GA 62 (1965–2022) LA 56 (1973–2020) TN 32 (1992–2022) MS 31 (1978–2022) TX 25 (1989–2025) MD 22 (1964–2016) FL 22 (1972–2023) NY 11 (1991–2012) CO 7 (1981–2016) PA 6 (2019–2025) ND 5 (1999–2024) CT 5 (1994–2017) AR 4 (1988–2015) CA 2 (2005–2005) KY 2 (1937–2009) HI 2 (1989–2022) IA 2 (1953–2014) WV 2 (1998–2016) SC 2 (2023–2023) WY 2 (1984–2004)

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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