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6 Colorado opinions name it 2 courts 1990–2018 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 |
|---|---|---|
People v. Garciagreen2 sentences2010Gar-cig, 826 P.2d at 1263 (holding that the defendant "cannot rely on a statement that he has, under oath, declared to be false in order to obtain a heat of passion manslaughter instruction"). 2010Garcia, 826 P.2d at 1263 (holding that the defendant "cannot rely on a statement that he has, under oath, declared to be false in order to obtain a heat of passion manslaughter instruction"). | 1 | 4 |
Brown v. Peoplegreen1 sentence2018In this case, defendant testified that the shooting was an accident, but he wanted a self-defense instruction. ¶ 102 Brown v. People, 239 P.3d 764, 768 (Colo. 2010), does not compel a different conclusion. | 1 | 1 |
People v. Garciagreen1 sentence1992II The court of appeals held that a heat of passion manslaughter instruction was required because there was “evidence from which the jury could have found that the defendant stabbed L.C. during an argument after she had falsely accused him of involvement with another woman sufficient to raise an irresistible passion in a reasonable person.” People v. Garcia, 809 P.2d 1038, 1040 (Colo.App.1990). | 1 | 1 |
Sterling v. Peoplegreen2 sentences1992In Sterling v. People, 151 Colo. 127, 131 , 376 P.2d 676, 678 (1962), in considering a defendant’s entitlement to a theory of the case instruction, we said: While we have repeatedly held that a defendant in a criminal proceeding is entitled to an instruction based on his “theory of the case,” this does not mean that just any instruction so labeled should be given by the trial court. 1992In Sterling v. People, 151 Colo. 127, 131 , 376 P.2d 676, 678 (1962), in considering a defendant’s entitlement to a theory of the case instruction, we said: While we have repeatedly held that a defendant in a criminal proceeding is entitled to an instruction based on his “theory of the case,” this does not mean that just any instruction so labeled should be given by the trial court. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Colorado. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Coston v. People
green
1 sentence1990These additional factors include that: “(1) the act causing the death was performed upon a ‘sudden heat of passion,’ (2) caused by a ‘serious and highly provoking act of the intended victim,’ (3) which was sufficient ‘to excite an irresistible passion in a reasonable person,’ and (4) between the provocation and the killing, an insufficient ‘interval’ of time passed for ‘the voice of reason and humanity to be heard.’ ” Coston v. People, 633 P.2d 470 (Colo.1981). | 1 | 1990–1990 |
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.