obligation test in Colorado

2019See In re Marriage of Ensminger, 209 P.3d 1163, 1167 (Colo. App. 2008) (court doesn’t have an obligation to hold a hearing sua sponte on a spouse’s request for attorney fees); see also Maloney v. Brassfield, 251 P.3d 1097, 1108 (Colo. App. 2010) (“Stipulations are a form of judicial admission” and “are binding on the party who makes them.”) (citation omitted). 2.

2019See In re Marriage of Ensminger, 209 P.3d 1163, 1167 (Colo. App. 2008) (court doesn’t have an obligation to hold a hearing sua sponte on a spouse’s request for attorney fees); see also Maloney v. Brassfield, 251 P.3d 1097, 1108 (Colo. App. 2010) (“Stipulations are a form of judicial admission” and “are binding on the party who makes them.”) (citation omitted). 2.

2011See, eg., United States v. Diaz-Diaz, 433 F.3d 128, 135 (1st Cir.2005) (holding that even if prosecutor's possible burden-shifting remarks were error, any error was "immediately and effectively" addressed by "prompt and thorough" instructions to the jury); United States v. Paul, 175 F.3d 906, 912 (11th Cir.1999) (stating that to whatever degree the prosecutor's comments may have shifted the burden of proof, any prejudice was cured by the court's and counsel's instructions to the jury); Flowers v. State, 738 N.E.2d 1051, 1058-59 (Ind.2000) ("[PJrosecutor's comments during closing argument infer

2011See, eg., United States v. Diaz-Diaz, 433 F.3d 128, 135 (1st Cir.2005) (holding that even if prosecutor's possible burden-shifting remarks were error, any error was "immediately and effectively" addressed by "prompt and thorough" instructions to the jury); United States v. Paul, 175 F.3d 906, 912 (11th Cir.1999) (stating that to whatever degree the prosecutor's comments may have shifted the burden of proof, any prejudice was cured by the court's and counsel's instructions to the jury); Flowers v. State, 738 N.E.2d 1051, 1058-59 (Ind.2000) ("[PJrosecutor's comments during closing argument infer

2011See, eg., United States v. Diaz-Diaz, 433 F.3d 128, 135 (1st Cir.2005) (holding that even if prosecutor's possible burden-shifting remarks were error, any error was "immediately and effectively" addressed by "prompt and thorough" instructions to the jury); United States v. Paul, 175 F.3d 906, 912 (11th Cir.1999) (stating that to whatever degree the prosecutor's comments may have shifted the burden of proof, any prejudice was cured by the court's and counsel's instructions to the jury); Flowers v. State, 738 N.E.2d 1051, 1058-59 (Ind.2000) ("[PJrosecutor's comments during closing argument infer

2011But see Hayes v. State, 660 So.2d 257, 265-66 (Fla.1995) (holding that although defense counsel had asked a witness whether the prosecution had conducted certain testing, it was still prejudicial error for the prosecutor to question witness about the defense's capability of conducting such testing because it may have led the jury to believe that the defendant had an obligation to test the evidence); People v. Beasley, 384 Ill.App.3d 1039 , 323 Ill.Dec. 558 , 893 N.E.2d 1032, 1040 (2008) (finding that prosecutor's burden-shifiing comments went too far and were effectively sanctioned by the tria

2011But see Hayes v. State, 660 So.2d 257, 265-66 (Fla.1995) (holding that although defense counsel had asked a witness whether the prosecution had conducted certain testing, it was still prejudicial error for the prosecutor to question witness about the defense's capability of conducting such testing because it may have led the jury to believe that the defendant had an obligation to test the evidence); People v. Beasley, 384 Ill.App.3d 1039 , 323 Ill.Dec. 558 , 893 N.E.2d 1032, 1040 (2008) (finding that prosecutor's burden-shifiing comments went too far and were effectively sanctioned by the tria

2011See, eg., United States v. Diaz-Diaz, 433 F.3d 128, 135 (1st Cir.2005) (holding that even if prosecutor's possible burden-shifting remarks were error, any error was "immediately and effectively" addressed by "prompt and thorough" instructions to the jury); United States v. Paul, 175 F.3d 906, 912 (11th Cir.1999) (stating that to whatever degree the prosecutor's comments may have shifted the burden of proof, any prejudice was cured by the court's and counsel's instructions to the jury); Flowers v. State, 738 N.E.2d 1051, 1058-59 (Ind.2000) ("[PJrosecutor's comments during closing argument infer

2011See, eg., United States v. Diaz-Diaz, 433 F.3d 128, 135 (1st Cir.2005) (holding that even if prosecutor's possible burden-shifting remarks were error, any error was "immediately and effectively" addressed by "prompt and thorough" instructions to the jury); United States v. Paul, 175 F.3d 906, 912 (11th Cir.1999) (stating that to whatever degree the prosecutor's comments may have shifted the burden of proof, any prejudice was cured by the court's and counsel's instructions to the jury); Flowers v. State, 738 N.E.2d 1051, 1058-59 (Ind.2000) ("[PJrosecutor's comments during closing argument infer

2011See, eg., United States v. Diaz-Diaz, 433 F.3d 128, 135 (1st Cir.2005) (holding that even if prosecutor's possible burden-shifting remarks were error, any error was "immediately and effectively" addressed by "prompt and thorough" instructions to the jury); United States v. Paul, 175 F.3d 906, 912 (11th Cir.1999) (stating that to whatever degree the prosecutor's comments may have shifted the burden of proof, any prejudice was cured by the court's and counsel's instructions to the jury); Flowers v. State, 738 N.E.2d 1051, 1058-59 (Ind.2000) ("[PJrosecutor's comments during closing argument infer

2011See, eg., United States v. Diaz-Diaz, 433 F.3d 128, 135 (1st Cir.2005) (holding that even if prosecutor's possible burden-shifting remarks were error, any error was "immediately and effectively" addressed by "prompt and thorough" instructions to the jury); United States v. Paul, 175 F.3d 906, 912 (11th Cir.1999) (stating that to whatever degree the prosecutor's comments may have shifted the burden of proof, any prejudice was cured by the court's and counsel's instructions to the jury); Flowers v. State, 738 N.E.2d 1051, 1058-59 (Ind.2000) ("[PJrosecutor's comments during closing argument infer

2011See, eg., United States v. Diaz-Diaz, 433 F.3d 128, 135 (1st Cir.2005) (holding that even if prosecutor's possible burden-shifting remarks were error, any error was "immediately and effectively" addressed by "prompt and thorough" instructions to the jury); United States v. Paul, 175 F.3d 906, 912 (11th Cir.1999) (stating that to whatever degree the prosecutor's comments may have shifted the burden of proof, any prejudice was cured by the court's and counsel's instructions to the jury); Flowers v. State, 738 N.E.2d 1051, 1058-59 (Ind.2000) ("[PJrosecutor's comments during closing argument infer

2011See, eg., United States v. Diaz-Diaz, 433 F.3d 128, 135 (1st Cir.2005) (holding that even if prosecutor's possible burden-shifting remarks were error, any error was "immediately and effectively" addressed by "prompt and thorough" instructions to the jury); United States v. Paul, 175 F.3d 906, 912 (11th Cir.1999) (stating that to whatever degree the prosecutor's comments may have shifted the burden of proof, any prejudice was cured by the court's and counsel's instructions to the jury); Flowers v. State, 738 N.E.2d 1051, 1058-59 (Ind.2000) ("[PJrosecutor's comments during closing argument infer

2011See, eg., United States v. Diaz-Diaz, 433 F.3d 128, 135 (1st Cir.2005) (holding that even if prosecutor's possible burden-shifting remarks were error, any error was "immediately and effectively" addressed by "prompt and thorough" instructions to the jury); United States v. Paul, 175 F.3d 906, 912 (11th Cir.1999) (stating that to whatever degree the prosecutor's comments may have shifted the burden of proof, any prejudice was cured by the court's and counsel's instructions to the jury); Flowers v. State, 738 N.E.2d 1051, 1058-59 (Ind.2000) ("[PJrosecutor's comments during closing argument infer

2011See, eg., United States v. Diaz-Diaz, 433 F.3d 128, 135 (1st Cir.2005) (holding that even if prosecutor's possible burden-shifting remarks were error, any error was "immediately and effectively" addressed by "prompt and thorough" instructions to the jury); United States v. Paul, 175 F.3d 906, 912 (11th Cir.1999) (stating that to whatever degree the prosecutor's comments may have shifted the burden of proof, any prejudice was cured by the court's and counsel's instructions to the jury); Flowers v. State, 738 N.E.2d 1051, 1058-59 (Ind.2000) ("[PJrosecutor's comments during closing argument infer

1986See People v. Butcher, 194 Colo. 22 , 568 P.2d 1169 (1977); People v. Pratt, 191 Colo. 362 , 553 P.2d 70 (1976).

1986See People v. Butcher, 194 Colo. 22 , 568 P.2d 1169 (1977); People v. Pratt, 191 Colo. 362 , 553 P.2d 70 (1976).

1927The formal insufficiency of the interrogatories on this subject, and the obligation of the defense to supplement them with a definite offer, is recognized in the reply brief, and our decision in Stitt v. People, 74 Colo. 70, 76, 77 , 219 Pac. 205 , is invoked to excuse the failure and justify our consideration of the question notwithstanding the omission.

1927The formal insufficiency of the interrogatories on this subject, and the obligation of the defense to supplement them with a definite offer, is recognized in the reply brief, and our decision in Stitt v. People, 74 Colo. 70, 76, 77 , 219 Pac. 205 , is invoked to excuse the failure and justify our consideration of the question notwithstanding the omission.