Legal Opinion · Dissent

People ex rel. R.C.

Colorado Court of Appeals

Decided November 17, 2016No. Court of Appeals No. 14CA2210Published

1Dissent

JUDGE WEBB, dissenting.

¶ 37 Because the image that R.C. created depicting L.P. is not in the record and the trial court did not make detailed findings, exactly what it looked like is indeterminable. But for two reasons, my sufficiency review assumes that the image showed L.P.'s face with an adjacent ejaculating penis pointing at his open mouth.1

¶ 38 First, L.P. testified that R.C. had taken a picture of him with his mouth open. A student who saw a later version of this image testified that it showed L.P. with a penis drawn "on his face" which was "[p]ointing more towards his mouth." That…

2Cases cited34 opinions

  1. Connick Ex Rel. Parish of Orleans v. MyersSupreme Court of the United States · 1983
  2. Roper v. SimmonsSupreme Court of the United States · 2005
  3. Chaplinsky v. New HampshireSupreme Court of the United States · 1942
  4. Graham v. FloridaSupreme Court of the United States · 2010
  5. R. A. v. v. City of St. PaulSupreme Court of the United States · 1992

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