right to an evidentiary hearing (Colorado) · Go Syfert
← Colorado issues

right to an evidentiary hearing in Colorado

5 Colorado opinions name it 2 courts 1987–2025 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 (6)

CaseFollowedCited
v. Cooleygreen
coloctapp · 2020 · cited in 1 Colorado opinions naming this issue, 2025–2025
1 sentence

2025See People v. Cooley, 2020 COA 101, ¶ 24 (“Raising the ‘sum and substance’ of an argument is sufficient to preserve it.”) (citation omitted). 7 “any authority in the court to re-commit to community corrections an offender rejected therefrom”).

11
People v. Padillagreen
colo · 1996 · cited in 1 Colorado opinions naming this issue, 2022–2022
1 sentence

2022See Padilla , 907 P.2d at 609 (citing United States v. Gilt ner , 889 F.2d 1004, 1008 (11th Cir. 1989), for the proposition that such right does not encompass the right to an evidentiary hearing o r to “call and cr oss-examine witnesses to rebut the information ” relied upon by the sentencing court). ¶ 33 I n allowing defense counsel to read the juror’s full writt en statement into the record, the trial court emphasized its desire to “ err on the side of letting [Gonzalez] present the evidence he t hinks he needs for sentencing.” Its decision not to allow the juror to testify directly was supp

11
People v. Borregogreen
colo · 1989 · cited in 1 Colorado opinions naming this issue, 2022–2022
1 sentence

2022See Borrego , 774 P.2d at 85 5.

11
United States v. Michael Giltnergreen
ca11 · 1989 · cited in 1 Colorado opinions naming this issue, 2022–2022
1 sentence

2022See Padilla , 907 P.2d at 609 (citing United States v. Gilt ner , 889 F.2d 1004, 1008 (11th Cir. 1989), for the proposition that such right does not encompass the right to an evidentiary hearing o r to “call and cr oss-examine witnesses to rebut the information ” relied upon by the sentencing court). ¶ 33 I n allowing defense counsel to read the juror’s full writt en statement into the record, the trial court emphasized its desire to “ err on the side of letting [Gonzalez] present the evidence he t hinks he needs for sentencing.” Its decision not to allow the juror to testify directly was supp

11
Matter of Christina T.green
okla · 1979 · cited in 1 Colorado opinions naming this issue, 1987–1987
2 sentences

1987See Matter of Christina T., supra ; see also People in Interest of J.B., 702 P.2d 753 (Colo.App. 1985).

1987See Matter of Christina T., supra; see also People in Interest of J.B., 702 P.2d 753 (Colo.App.1985).

11
People in Interest of JBgreen
coloctapp · 1985 · cited in 1 Colorado opinions naming this issue, 1987–1987
2 sentences

1987See Matter of Christina T., supra ; see also People in Interest of J.B., 702 P.2d 753 (Colo.App. 1985).

1987See Matter of Christina T., supra; see also People in Interest of J.B., 702 P.2d 753 (Colo.App.1985).

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
Custis v. United States green
scotus · 1994
2 sentences

1996A. In Custis v. United States, — U.S. -, 114 S.Ct. 1732 , 128 L.Ed.2d 517 (1994), the United States Supreme Court addressed the issue of a defendant’s right to challenge the validity of prior convictions at a subsequent sentencing hearing in which the prior convictions will affect the defendant’s sentence.

1996A. In Custis v. United States, — U.S. -, 114 S.Ct. 1732 , 128 L.Ed.2d 517 (1994), the United States Supreme Court addressed the issue of a defendant’s right to challenge the validity of prior convictions at a subsequent sentencing hearing in which the prior convictions will affect the defendant’s sentence.

11996–1996
Arnett v. Kennedy green
scotus · 1974
2 sentences

1991In denying the community corrections offender the right to an evidentiary hearing prior to resentencing, the majority emphasizes the 1989 amendment to sections 17-27-103(3) and 17-27-114(2), which states that “[t]he sentencing court is not required to provide the offender with an evidentiary hearing prior to resentencing.” The majority’s reasoning appears to follow the “bitter-sweet” analysis articulated by Justice Rehnquist in Arnett v. Kennedy, 416 U.S. 134 , 94 S.Ct. 1633 , 40 L.Ed.2d 15 (1974).

1991In denying the community corrections offender the right to an evidentiary hearing prior to resentencing, the majority emphasizes the 1989 amendment to sections 17-27-103(3) and 17-27-114(2), which states that “[t]he sentencing court is not required to provide the offender with an evidentiary hearing prior to resentencing.” The majority’s reasoning appears to follow the “bitter-sweet” analysis articulated by Justice Rehnquist in Arnett v. Kennedy, 416 U.S. 134 , 94 S.Ct. 1633 , 40 L.Ed.2d 15 (1974).

11991–1991

Where else courts name it

PA 105 (1979–2026) CA 45 (1970–2026) OH 30 (1997–2026) IL 23 (1970–2026) TX 19 (1969–2017) GA 12 (2003–2021) WI 10 (1992–2022) TN 10 (1970–2024) CT 9 (1991–2019) MS 8 (2007–2024) MT 8 (2003–2025) FL 8 (1992–2022) MI 8 (1981–2024) DC 6 (1991–2019) MN 6 (1966–2017) AK 6 (2009–2022) AL 5 (1994–2005) CO 5 (1987–2025) IN 4 (1991–2019) WV 4 (1978–1990) NY 4 (1973–1998) MA 4 (1992–2019) MO 3 (1980–2011) AZ 3 (2016–2026) NH 3 (2007–2021) NJ 3 (1981–2022) LA 3 (1985–2009) NV 3 (1974–2020) KS 3 (1965–1967) RI 2 (2009–2017) OK 2 (1994–1994) MD 2 (1996–2000)

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.

← Caselaw search · G Cite Topics · Brief Check