Legal Opinion

People v. Nardine

Colorado Court of Appeals

Decided June 2, 2016No. Court of Appeals No. 11CA2514PublishedCited by 2 opinions

1Opinion of the Court

Opinion by

JUDGE LICHTENSTEIN

¶ 1 Defendant, Bernardine Nardine, appeals the judgment of conviction entered on a jury verdict finding him guilty of unlawful sexual contact on an at-risk juvenile.

¶ 2 In this appeal, we must resolve whether section 18 — 6.5—103(7)(c), C.R.S. 2016, the applicable at-risk statute, requires proof that the actor “knew” that the victim was an at-risk individual. If so, we must determine whether Nardine’s conviction should be vacated because the evidence was insufficient as to this mens rea element or reversed based on an inaccurate jury instruction.

¶ 3 Nardine also…

2Cases cited33 opinions

  1. United States v. YoungSupreme Court of the United States · 1985
  2. Burrage v. United StatesSupreme Court of the United States · 2014
  3. People v. District Court, Second Judicial DistrictSupreme Court of Colorado · 1986
  4. People v. MillerSupreme Court of Colorado · 2005
  5. William Anthony Brooks v. Ralph Kemp, Warden, Georgia Diagnostic and Classification Center, RespondentCourt of Appeals for the Eleventh Circuit · 1985

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3Cited by2 opinions

  1. Cardman v. PeopleSupreme Court of Colorado · 2019
  2. Cardman v. PeopleSupreme Court of Colorado · 2019

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