Legal Opinion · Dissent

Leick v. People

Supreme Court of Colorado

Decided January 13, 1958No. 18024Published

1DissentJustice Sutton

I dissent for the primary reason that the record discloses this to be one of those cases where a strict adherence to the form of the law by the trial court has hidden its true substance which guarantees each defendant a fair trial. Conducting the insanity hearing phase of a murder trial in an atmosphere charged with tension because of a defendant’s admitted participation in the crime and prior erroneous conviction thereof is not conducive to due process of law.

It is clear that Leick was compelled to exercise peremptory challenges during the selection of the jury against several jurors whom…

2Cases cited11 opinions

  1. Archina v. PeopleSupreme Court of Colorado · 1957
  2. Solander v. PeopleSupreme Court of Colorado · 1873
  3. Beckstead v. PeopleSupreme Court of Colorado · 1956
  4. Thompson v. PeopleSupreme Court of Colorado · 1899
  5. Kidd v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1934

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