mistake of fact instruction (Colorado) · Go Syfert
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mistake of fact instruction in Colorado

6 Colorado opinions name it 1 courts 1992–2016 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 (3)

CaseFollowedCited
People v. Millergreen
colo · 2005 · cited in 3 Colorado opinions naming this issue, 2016–2016
2 sentences

2016Specifically, counsel argued that due to Manyik’s mistaken belief that the victim was not invited, Manyik reasonably believed that the victim entered his house because the victim intended to hurt him or Adams. ¶78 The jury therefore was aware of Manyik’s mistake of fact defense, and even if there was error in the mistake of fact instruction, it was not substantial: it did not so prejudice Manyik "as to cast serious doubt on the reliability of the judgment of conviction." People v. Miller , 113 P.3d 743, 750 (Colo. 2005) (citation omitted).

2016Specifically, counsel argued that due to Manyik’s mistaken belief that the victim was not invited, Manyik reasonably believed that the victim entered his house because the victim intended to hurt him or Adams. ¶ 79 The jury therefore was aware of Ma-nyik’s mistake of fact defense, and even if there was error in the mistake of fact instruction, it was not substantial: it did not so prejudice Manyik “as to cast serious doubt on the reliability of the judgment of conviction.” People v. Miller, 113 P.3d 743, 750 (Colo.2005) (citation omitted).

33
People v. Pickeringgreen
colo · 2011 · cited in 1 Colorado opinions naming this issue, 2014–2014
1 sentence

2014Applicable Law 148 An affirmative defense admits "the defendant's commission of the elements of the charged act, but seek[s] to justify, excuse, or mitigate the commission of the act." People v. Pickering, 276 P.3d 553, 555 (Colo.2011); accord People v. Huckleberry, 768 P.2d 1235, 1238-39 (Colo.1989).

11
People v. Huckleberrygreen
colo · 1989 · cited in 1 Colorado opinions naming this issue, 2014–2014
1 sentence

2014Applicable Law 148 An affirmative defense admits "the defendant's commission of the elements of the charged act, but seek[s] to justify, excuse, or mitigate the commission of the act." People v. Pickering, 276 P.3d 553, 555 (Colo.2011); accord People v. Huckleberry, 768 P.2d 1235, 1238-39 (Colo.1989).

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
Beckett v. People green
colo · 1990
1 sentence

2002The self-defense instruction given here is almost identical to that given and approved in Beckett v. People, 800 P.2d 74 (Colo.1990), and we find no error.

12002–2002
People v. Aalbu green
colo · 1985
1 sentence

1992People v. Aalbu, 696 P.2d 796 (Colo.1985).

11992–1992

Statutes the citing opinions construe

CO § Colo. Rev. Stat. § 18-1.3-406 (4) CO § Colo. Rev. Stat. § 18-1-504 (3) CO § Colo. Rev. Stat. § 18-1-701 (3) CO § Colo. Rev. Stat. § 18-1-704.5 (3) CO § Colo. Rev. Stat. § 18-1.3-401 (3) CO § Colo. Rev. Stat. § 18-4-302 (3)

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.

Where else courts name it

TX 186 (1983–2026) CA 138 (1961–2026) NM 29 (1978–2026) IN 27 (1985–2020) NY 19 (1975–2020) GA 17 (1975–2026) IL 14 (1991–2025) HI 14 (2002–2026) MA 11 (1988–2023) MI 9 (2000–2026) PA 9 (2000–2025) UT 7 (2009–2026) NJ 6 (1998–2021) CO 6 (1992–2016) ID 5 (1990–2022) NC 5 (1997–2020) SD 5 (1984–2024) OH 4 (2004–2019) KS 4 (2010–2023) MD 4 (2002–2025) MO 4 (1958–2013) TN 3 (1995–2015) KY 3 (1994–2021) AZ 2 (2017–2018) ND 2 (1996–2002) WI 2 (1980–1987) IA 2 (1987–2015) NV 2 (2020–2026) DC 2 (1992–2014) RI 2 (1998–2000) WA 2 (1997–1997)

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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