Legal Opinion · Concurring in part, dissenting in part

People v. Luna-Solis

Supreme Court of Colorado

Decided April 8, 2013No. Supreme Court Case No. 12SA75Published

1Concurring in part, dissenting in partChief Justice Bender

¶ 24 The majority holds that the district court erred in suppressing Luna-Solis’s statements under the Sixth Amendment. Maj. op. ¶ 16. I agree that the district court erred in its analysis, but I disagree with the majority’s ultimate conclusion. In my view, the district court correctly suppressed Luna-Solis’s statements because they were obtained in violation of his rights under the Fourth Amendment and article II, section 7 of the Colorado Constitution when Denver detectives illegally expanded the scope of the Crim. P. 41.1 order by interrogating him.

¶ 25 The majority also holds that the…

2Cases cited13 opinions

  1. Edwards v. ArizonaSupreme Court of the United States · 1981
  2. Brown v. IllinoisSupreme Court of the United States · 1975
  3. Dunaway v. New YorkSupreme Court of the United States · 1979
  4. Davis v. MississippiSupreme Court of the United States · 1969
  5. People v. QuintanaSupreme Court of Colorado · 1994

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