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6 Colorado opinions name it 2 courts 1986–2017 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.
| Case | Followed | Cited |
|---|---|---|
Brown v. Peoplegreen1 sentence2017Brown v. People, 239 P.3d 764, 769 (Colo. 2010) (lesser included offense); Montoya, ¶ 32, 394 P.3d at 688 (citing Rivera, 525 P.2d at 434 ) (lesser non-included offense); see also § 18-1-408(6) (“The court shall not be obligated to charge the jury with respect to an included offense unless there is a rational basis for a verdict acquitting the defendant of the offense charged and convicting him of the included offense.”). | 1 | 1 |
People v. Nunezgreen1 sentence2017For these reasons, we have stated that the submission of an instruction on a lesser non-included offense “could be permissible only as a tactical and strategic choice made by defense counsel.” Montoya, ¶ 32, 394 P.3d at 688 . ¶18 Although an ordinary theory-of-the-case instruction must be given if the record contains “any evidence” to support the theory, see People v. Nunez, 841 P.2d 261, 264 (Colo. 1992), we have made clear that a defendant seeking an instruction on a lesser non-included offense faces a higher burden: just as with lesser included offenses, the jury should be instructed on a l | 1 | 1 |
Stapleton v. District Court of Twentieth Jud. Dist.green2 sentences1998We decided in District Court that, "`[T]he trial judge. . ., by the nature of our judicial process, is in the best position to assure that a defendant's right to a fair trial ... will be substantially protected.'" Id. (quoting Stapleton v. District Court, 179 Colo. 187, 193 , 499 P.2d 310, 312 (1972)). 1998We decided in District Court that, "`[T]he trial judge. . ., by the nature of our judicial process, is in the best position to assure that a defendant's right to a fair trial ... will be substantially protected.'" Id. (quoting Stapleton v. District Court, 179 Colo. 187, 193 , 499 P.2d 310, 312 (1972)). | 1 | 1 |
Pease v. District Court in and for the Ninth Judicial Districtgreen1 sentence1986See Pease v. District Court, 708 P.2d 800 (Colo.1985); People ex rel. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Colorado. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Montoya v. People
green
2 sentences2017For these reasons, we have stated that the submission of an instruction on a lesser non-included offense “could be permissible only as a tactical and strategic choice made by defense counsel.” Montoya, ¶ 32, 394 P.3d at 688 . ¶18 Although an ordinary theory-of-the-case instruction must be given if the record contains “any evidence” to support the theory, see People v. Nunez, 841 P.2d 261, 264 (Colo. 1992), we have made clear that a defendant seeking an instruction on a lesser non-included offense faces a higher burden: just as with lesser included offenses, the jury should be instructed on a l 2017Brown v. People, 239 P.3d 764, 769 (Colo. 2010) (lesser included offense); Montoya, ¶ 32, 394 P.3d at 688 (citing Rivera, 525 P.2d at 434 ) (lesser non-included offense); see also § 18-1-408(6) (“The court shall not be obligated to charge the jury with respect to an included offense unless there is a rational basis for a verdict acquitting the defendant of the offense charged and convicting him of the included offense.”). | 1 | 2017–2017 |
People v. Rivera
green
1 sentence2017Brown v. People, 239 P.3d 764, 769 (Colo. 2010) (lesser included offense); Montoya, ¶ 32, 394 P.3d at 688 (citing Rivera, 525 P.2d at 434 ) (lesser non-included offense); see also § 18-1-408(6) (“The court shall not be obligated to charge the jury with respect to an included offense unless there is a rational basis for a verdict acquitting the defendant of the offense charged and convicting him of the included offense.”). | 1 | 2017–2017 |
Hampton v. DIST. CT. IN AND FOR CTY. OF JEFFERSON
green
2 sentences2005In addressing the availability of that remedy, the court stated, "the [trial] court would be proceeding without jurisdiction if it were to try the [defendant] in violation of his rights under the Colorado speedy trial statute and the rules of this Court." Hampton v. District Court, supra, 199 Colo. at 106 , 605 P.2d at 56 . 2005In addressing the availability of that remedy, the court stated, "the [trial] court would be proceeding without jurisdiction if it were to try the [defendant] in violation of his rights under the Colorado speedy trial statute and the rules of this Court." Hampton v. District Court, supra, 199 Colo. at 106 , 605 P.2d at 56 . | 1 | 2005–2005 |
People v. District Court of Colorado's Seventeenth Judicial District
green
2 sentences1998District Court, 843 P.2d at 11 . [4] A defendant seeking such a waiver on due process grounds must "raise due process concerns in the trial court." Id. 1998District Court, 843 P.2d at 11 . [4] A defendant seeking such a waiver on due process grounds must "raise due process concerns in the trial court." Id. | 1 | 1998–1998 |
People v. Guenther
green
2 sentences1987In People v. Guenther, 740 P.2d 971 (Colo.1987), we held that a defendant seeking immunity under section 18-1-704.5 bears the burden of establishing by a preponderance of the evidence the statutory conditions for immunity. 1987Id. at 981-982 . | 1 | 1987–1987 |
White v. MacFarlane
green
1 sentence1986White v. MacFarlane, 713 P.2d at 368-69 . | 1 | 1986–1986 |
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.
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.