People v. District Court in & for County of Larimer

These original proceedings require that we determine whether Crim. P. 16 II (b) and (c), which provide the prosecution with discovery rights in a criminal case, can withstand constitutional attack. The issue is framed in two separate cases which reflect different interpretations and rulings on the constitutionality of our rule. We have consolidated the cases for the purpose of this opinion. Subject to the constitutional limitations which are set forth in this opinion, we hold that Crim. P. 16 II (b) and (c) provide a constitutional means for the prosecution to obtain discovery from a…