Legal Opinion

Colorado v. Segovia

Supreme Court of Colorado

Decided November 24, 2008No. 08SA164PublishedCited by 29 opinions

1Opinion of the CourtJustice Rice

In this original proceeding brought pursuant to C.A.R. 21, the defendant in a eriminal case seeks review of the trial court's denial of his motion to dismiss on double jeopardy grounds. We issued a rule to show cause to the trial court and now make that rule absolute, holding that the trial court erred in finding evidence of a prior instance of shoplifting inadmissible pursuant to CRE 608(b). Based on what cccurred during the trial, there was no manifest necessity to declare a mistrial. Accordingly, the Double Jeopardy Clause prohibits retrial of the defendant.

I. Facts and Procedural History

Pe…

2Cases cited59 opinions

  1. Benton v. MarylandSupreme Court of the United States · 1969
  2. United States v. JornSupreme Court of the United States · 1971
  3. Morris W. Gordon v. United StatesCourt of Appeals for the D.C. Circuit · 1967
  4. People v. SpatesIllinois Supreme Court · 1979
  5. People v. CastroSupreme Court of Colorado · 1983

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3Cited by29 opinions

  1. People v. ClarkColorado Court of Appeals · 2015
  2. Leaf v. BeihofferColorado Court of Appeals · 2014
  3. Murray v. Just in Case Business Lighthouse, LLCSupreme Court of Colorado · 2016
  4. People v. ThomasColorado Court of Appeals · 2014
  5. People v. JacksonColorado Court of Appeals · 2018

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

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