jury a limiting instruction (Colorado) · Go Syfert
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jury a limiting instruction in Colorado

6 Colorado opinions name it 1 courts 2001–2026 2 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. Vialpandogreen
coloctapp · 1997 · cited in 1 Colorado opinions naming this issue, 2026–2026
1 sentence

2026See People v. Vialpando, 954 P.2d 617, 623 (Colo. App. 1997) (limiting instructions mitigate the danger of unfair prejudice). ¶ 28 Accordingly, because we agree with the trial court’s application of the Spoto factors and CRE 404(b), we perceive no error in its admission of Nelson’s testimony about the stolen backpack and the threats Torreyson made to Paul and Jamie.

11
People v. Rollinsgreen
colo · 1995 · cited in 1 Colorado opinions naming this issue, 2021–2021
1 sentence

2021“Res gestae evidenc e is ‘matter incidental to the main fact and explanatory of it, including acts and words which are so closely connected therewit h as to constitute a part of the transaction, and without knowledg e of which the main fact might not be properly understood.’” People v. Rollins , 892 P.2d 866, 872-73 (Colo. 1995) (quoting Woertman v. People , 804 P.2d 188 , 190 n.3 (Colo. 1991)). ¶ 38 Res gestae evidence is “linked in time and circum stances with the charged crime, or forms an integral and natural part of an account of the crime, or is necessary to complete the story of the cri

11
United States v. Clyde Alvin Williford, Sr., Clyde Alvin Williford, Jr.green
ca11 · 1985 · cited in 1 Colorado opinions naming this issue, 2021–2021
1 sentence

2021“Res gestae evidenc e is ‘matter incidental to the main fact and explanatory of it, including acts and words which are so closely connected therewit h as to constitute a part of the transaction, and without knowledg e of which the main fact might not be properly understood.’” People v. Rollins , 892 P.2d 866, 872-73 (Colo. 1995) (quoting Woertman v. People , 804 P.2d 188 , 190 n.3 (Colo. 1991)). ¶ 38 Res gestae evidence is “linked in time and circum stances with the charged crime, or forms an integral and natural part of an account of the crime, or is necessary to complete the story of the cri

11
People v. Czemerynskigreen
colo · 1990 · cited in 1 Colorado opinions naming this issue, 2021–2021
1 sentence

2021People v. Quintana , 882 P.2d 1366, 1373 (Colo. 1994); see People v. Czemerynski , 786 P.2d 1100, 1109 (Colo. 1990) (concluding that res gestae evidence need not meet the procedural requirement s of 14 CRE 404(b)); People v. Griffiths , 251 P.3d 462, 467 (Colo. A pp. 2010) (concluding that a trial court can admit res gestae evidence without giving the jury a limiting instruction).

11
People v. Quintanagreen
colo · 1994 · cited in 1 Colorado opinions naming this issue, 2021–2021
2 sentences

2021People v. Quintana , 882 P.2d 1366, 1373 (Colo. 1994); see People v. Czemerynski , 786 P.2d 1100, 1109 (Colo. 1990) (concluding that res gestae evidence need not meet the procedural requirement s of 14 CRE 404(b)); People v. Griffiths , 251 P.3d 462, 467 (Colo. A pp. 2010) (concluding that a trial court can admit res gestae evidence without giving the jury a limiting instruction).

2021“Res gestae evidenc e is ‘matter incidental to the main fact and explanatory of it, including acts and words which are so closely connected therewit h as to constitute a part of the transaction, and without knowledg e of which the main fact might not be properly understood.’” People v. Rollins , 892 P.2d 866, 872-73 (Colo. 1995) (quoting Woertman v. People , 804 P.2d 188 , 190 n.3 (Colo. 1991)). ¶ 38 Res gestae evidence is “linked in time and circum stances with the charged crime, or forms an integral and natural part of an account of the crime, or is necessary to complete the story of the cri

11
People v. Griffithsgreen
coloctapp · 2010 · cited in 1 Colorado opinions naming this issue, 2021–2021
1 sentence

2021People v. Quintana , 882 P.2d 1366, 1373 (Colo. 1994); see People v. Czemerynski , 786 P.2d 1100, 1109 (Colo. 1990) (concluding that res gestae evidence need not meet the procedural requirement s of 14 CRE 404(b)); People v. Griffiths , 251 P.3d 462, 467 (Colo. A pp. 2010) (concluding that a trial court can admit res gestae evidence without giving the jury a limiting instruction).

11
People v. Jacksongreen
ill · 2009 · cited in 1 Colorado opinions naming this issue, 2010–2010
2 sentences

2010See Jackson, 328 Ill.Dec. 1 , 903 N.E.2d at 402 (suggesting such an instruction may be appropriate).

2010See Jackson, 328 Ill.Dec. 1 , 903 N.E.2d at 402 (suggesting such an instruction may be appropriate).

11
People v. Dunlapgreen
colo · 1999 · cited in 1 Colorado opinions naming this issue, 2008–2008
1 sentence

2008People v. Dunlap, 975 P.2d 723, 743 (Colo.1999) (absent evidence to the contrary, appellate court must presume that a jury followed the court's instructions). 2.

11
People v. Harlangreen
colo · 2000 · cited in 1 Colorado opinions naming this issue, 2003–2003
1 sentence

2003See People v. Harlan, 8 P.3d 448 (Colo.2000)(court must afford the evidence the maximum probative weight and minimum prejudicial effect reasonably to be expected).

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 (2)

CaseCitedYears
Woertman v. People green
colo · 1991
1 sentence

2021“Res gestae evidenc e is ‘matter incidental to the main fact and explanatory of it, including acts and words which are so closely connected therewit h as to constitute a part of the transaction, and without knowledg e of which the main fact might not be properly understood.’” People v. Rollins , 892 P.2d 866, 872-73 (Colo. 1995) (quoting Woertman v. People , 804 P.2d 188 , 190 n.3 (Colo. 1991)). ¶ 38 Res gestae evidence is “linked in time and circum stances with the charged crime, or forms an integral and natural part of an account of the crime, or is necessary to complete the story of the cri

12021–2021
People v. Spoto green
colo · 1990
1 sentence

2001After applying the four-part test for CRE 404(b) evidence set forth in People v. Spoto, 795 P.2d 1314 (Colo.1990), the trial court found that the evidence was admissible, but it gave the jury a limiting instruction explaining that the evidence was to be considered only "for the purpose of demonstrating the defendant's common plan and identity." There is record support for the trial court's finding that the evidence was relevant to the identification of the perpetrators, a material fact at issue.

12001–2001

Where else courts name it

TX 54 (1984–2026) CA 25 (1992–2025) OH 24 (1999–2024) IL 19 (1991–2025) MI 17 (2014–2022) WA 14 (1964–2019) NY 13 (1992–2022) GA 10 (1991–2025) KS 10 (2007–2026) CT 9 (2005–2019) NJ 9 (1995–2025) TN 9 (1997–2025) NC 6 (1994–2014) LA 6 (1999–2021) WV 6 (1994–2024) FL 6 (2007–2019) AL 6 (2003–2015) CO 6 (2001–2026) MA 6 (1980–2009) IA 6 (2016–2025) AZ 5 (1988–2021) OR 4 (2013–2025) HI 4 (1971–2020) MS 4 (1998–2015) UT 3 (2009–2021) WY 3 (2000–2020) VA 3 (1998–2024) DE 2 (2019–2019) MO 2 (1993–2019) PA 2 (2004–2023) WI 2 (1993–2020) ND 2 (2014–2016) NH 2 (1983–1985) MT 2 (2010–2020) NE 2 (2017–2018)

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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