Publisher: CBA-CLE Books (CLE in Colorado, Inc.)

 

ABOUT THE CHAPTER:  

In 2013, the Colorado Supreme Court was busy addressing evidentiary issues. First, and arguably most importantly, in People v. LaRosa, the supreme court abandoned the corpus delicti rule, which requires the prosecution to prove that a crime occurred using evidence other than a defendant's confession. In its place, the court articulated the “trustworthiness standard,” which requires the prosecution to present evidence that proves that a confession is trustworthy or reliable. Next, in People v. Jones, the Colorado Supreme Court clarified the role the doctrine of chances plays in a trial court's admissibility analysis under People v. Spoto. The supreme court also reversed the Colorado Court of Appeals in People v. Flockhart, holding that a trial court's erroneous pre-deliberation instruction was harmless, and did not amount to reversible constitutional error. Finally, the supreme court affirmed the court of appeals in People v. Davis, holding that a detective may testify about his or her assessments of an interviewee's credibility when that testimony is offered to provide context for the detective's interrogation tactics and investigative decisions. These cases, along with cases that were granted certiorari and Colorado Court of Appeals cases, are discussed in more detail in this article.