Legal Opinion

Demarea Deshawn Mitchell, Petitioner: v. The People of the State of Colorado. Respondent:

Supreme Court of Colorado

Decided February 2, 2026No. 24SC122Published

1Opinion of the Court

1

2026 CO 8

Demarea Deshawn Mitchell, Petitioner:

v.

The People of the State of Colorado. Respondent:

No. 24SC122

Supreme Court of Colorado, En Banc

February 2, 2026

ADVANCE SHEET HEADNOTE

In this case, the supreme court granted certiorari to consider whether the court of appeals division below erred in affirming the trial court's denial of the defendant's motion to dismiss for selective prosecution in a case in which the defendant, who is Black, and his three codefendants were all charged with felony murder, but only the two non-Black defendants received a plea bargain offer that allowed them to be…

2Cases cited13 opinions

  1. Personnel Administrator of Mass. v. FeeneySupreme Court of the United States · 1979
  2. McCleskey v. KempSupreme Court of the United States · 1987
  3. United States v. ArmstrongSupreme Court of the United States · 1996
  4. Wayte v. United StatesSupreme Court of the United States · 1985
  5. Peso Chavez and Gregory Lee, Individually and on Behalf of All Persons Similarly Situated v. The Illinois State Police, Terrance W. Gainer, Individually and in His Official Capacity as Director of the Illinois State Police, Michael Snyders, Individually and in His Official Capacity as Illinois State Police Operation Valkyrie Coordinator, Edward Kresl, Individually and in His Official Capacity as District Commander of the Illinois State Police, and Larry Thomas, Daniel Gillette, Craig Graham, Robert P. Cessna, Robert Lauterbach, and Dale Fraher, Officers of the Illinois State Police, in Their Individual CapacitiesCourt of Appeals for the Seventh Circuit · 2001

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