5 Colorado opinions name it 1 courts 2008–2026 4 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 |
|---|---|---|
Cassels v. Peoplegreen1 sentence2026But while we review for an abuse of discretion whether a court erred by refusing to give a particular instruction, a court may abuse its discretion in this context if it misapplies the law, People v. Maloy, 2020 COA 71, ¶ 54 , and when, as in this case, the defendant asserts a misapplication of the law, we review that embedded question of law de novo, see People v. Dominguez, 2019 COA 78, ¶ 13 . 13 ¶ 29 But the test for determining whether a defendant is entitled to a provocation instruction is the same as it is for instructing the jury on an affirmative defense: “A provocation instruction is | 1 | 1 |
People v. Sepulvedagreen1 sentence2026But while we review for an abuse of discretion whether a court erred by refusing to give a particular instruction, a court may abuse its discretion in this context if it misapplies the law, People v. Maloy, 2020 COA 71, ¶ 54 , and when, as in this case, the defendant asserts a misapplication of the law, we review that embedded question of law de novo, see People v. Dominguez, 2019 COA 78, ¶ 13 . 13 ¶ 29 But the test for determining whether a defendant is entitled to a provocation instruction is the same as it is for instructing the jury on an affirmative defense: “A provocation instruction is | 1 | 1 |
People v. Speergreen1 sentence2024The court needs to instruct the jury on an affirmative defense “only if some evidence presented at trial supports it and the defendant requests it.” People v. Lee, 30 P.3d 686, 689 (Colo. App. 2000) (emphasis added); see also People v. Speer, 255 P.3d 1115, 1119 (Colo. 2011) (“[A] trial court is obliged to instruct the jury on a requested affirmative defense if there is any credible evidence . . . supporting it.”) (emphasis added). ¶ 25 Lewis cites no authority, and we’ve located none, for the proposition that his counsel’s request during his first trial for an instruction on the defense of us | 1 | 1 |
People v. Leegreen1 sentence2024The court needs to instruct the jury on an affirmative defense “only if some evidence presented at trial supports it and the defendant requests it.” People v. Lee, 30 P.3d 686, 689 (Colo. App. 2000) (emphasis added); see also People v. Speer, 255 P.3d 1115, 1119 (Colo. 2011) (“[A] trial court is obliged to instruct the jury on a requested affirmative defense if there is any credible evidence . . . supporting it.”) (emphasis added). ¶ 25 Lewis cites no authority, and we’ve located none, for the proposition that his counsel’s request during his first trial for an instruction on the defense of us | 1 | 1 |
Griego v. Peoplegreen1 sentence2023Although Hagos didn’t involve an alleged failure to instruct the jury on an affirmative defense, the supreme court has more recently held that an error in failing to instruct the jury on an affirmative defense “is subject to constitutional harmless error review.” Pearson, ¶ 16; see also Griego v. People, 19 P.3d 1, 8 (Colo. 2001) (holding that “when a trial court misinstructs the jury on an element of an offense, either by omitting or misdescribing that element, that error is subject to constitutional harmless” error review). ¶ 54 We will assume, without deciding, that we should review for con | 1 | 1 |
People v. Fullergreen1 sentence2008See, eg., People v. Fuller, 781 P.2d 647, 651 (Colo.1989) (self-defense). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Colorado. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
v. Dominguez
green
1 sentence2026But while we review for an abuse of discretion whether a court erred by refusing to give a particular instruction, a court may abuse its discretion in this context if it misapplies the law, People v. Maloy, 2020 COA 71, ¶ 54 , and when, as in this case, the defendant asserts a misapplication of the law, we review that embedded question of law de novo, see People v. Dominguez, 2019 COA 78, ¶ 13 . 13 ¶ 29 But the test for determining whether a defendant is entitled to a provocation instruction is the same as it is for instructing the jury on an affirmative defense: “A provocation instruction is | 1 | 2026–2026 |
v. Maloy
green
1 sentence2026But while we review for an abuse of discretion whether a court erred by refusing to give a particular instruction, a court may abuse its discretion in this context if it misapplies the law, People v. Maloy, 2020 COA 71, ¶ 54 , and when, as in this case, the defendant asserts a misapplication of the law, we review that embedded question of law de novo, see People v. Dominguez, 2019 COA 78, ¶ 13 . 13 ¶ 29 But the test for determining whether a defendant is entitled to a provocation instruction is the same as it is for instructing the jury on an affirmative defense: “A provocation instruction is | 1 | 2026–2026 |
Hagos v. People
green
1 sentence2025Hagos v. People, 2012 CO 63 , ¶ 11; Coahran, ¶ 16 (“If a trial court refuses to give an affirmative defense self- defense instruction in circumstances where one was appropriate, . . . [t]his error implicates a defendant’s constitutional rights and is reviewed for constitutional harmless error.”). ¶ 12 A trial court should instruct the jury on an affirmative defense if “some credible evidence” supports the defense. § 18-1-407(1), C.R.S. 2025; Pearson v. People, 2022 CO 4, ¶ 16 . | 1 | 2025–2025 |
Thomas Pearson v. The People of the State of Colorado.
green
1 sentence2025Hagos v. People, 2012 CO 63 , ¶ 11; Coahran, ¶ 16 (“If a trial court refuses to give an affirmative defense self- defense instruction in circumstances where one was appropriate, . . . [t]his error implicates a defendant’s constitutional rights and is reviewed for constitutional harmless error.”). ¶ 12 A trial court should instruct the jury on an affirmative defense if “some credible evidence” supports the defense. § 18-1-407(1), C.R.S. 2025; Pearson v. People, 2022 CO 4, ¶ 16 . | 1 | 2025–2025 |
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.