Legal Opinion

Cardman v. People

Supreme Court of Colorado

Decided July 1, 2019No. 17SC541, CardmanPublishedCited by 14 opinions

1Opinion of the Court

JUSTICE SAMOUR delivered the Opinion of the Court.

*1075¶1 "[O]urs is an accusatorial and not an inquisitorial system-a system in which the State must establish guilt by evidence independently and freely secured and may not by coercion prove its charge against an accused out of his own mouth." Rogers v. Richmond , 365 U.S. 534, 541, 81 S.Ct. 735, 5 L.Ed.2d 760 (1961). For this reason, "convictions following the admission into evidence of confessions which are involuntary, i.e., the product of coercion, either physical or psychological, cannot stand." Id. at 540.

¶2 Yet Detective Paul Patton coerced…

2Cases cited27 opinions

  1. Bruton v. United StatesSupreme Court of the United States · 1968
  2. Brady v. United StatesSupreme Court of the United States · 1970
  3. Arizona v. FulminanteSupreme Court of the United States · 1991
  4. Rogers v. RichmondSupreme Court of the United States · 1961
  5. People v. CurtisSupreme Court of Colorado · 1984

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3Cited by14 opinions

  1. Phillips v. PeopleSupreme Court of Colorado · 2019
  2. Peo v. HugginsColorado Court of Appeals · 2019
  3. v. SniderColorado Court of Appeals · 2021
  4. The People of the State of Colorado v. Ricardo Enrique Munoz-DiazColorado Court of Appeals · 2023
  5. People v. PerezColorado Court of Appeals · 2024

9 more not listed; retrieve them via the Exa API.

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