Legal Opinion
People v. District Court of State
Supreme Court of Colorado
Decided October 23, 1978No. 27963, 28017 and 28049PublishedCited by 32 opinions
1Opinion of the CourtJustice Erickson
Three different district court judges have held that the Colorado death penalty statute, section 16-11-103, C.R.S. 1973 (1976 Supp.), is unconstitutional. The prosecution, in all three cases, has sought review in these original proceedings. In each case, we issued a rule to show cause and now discharge the rule.
Ordinarily, an original proceeding is not available as a means for obtaining an interlocutory appeal. C.A.R. 21.1. Interlocutory appeals are only permitted in limited circumstances provided by C.A.R. 4.1. We have elected to address the issue in these cases because of the threshold…
2Cases cited13 opinions
- Gregg v. GeorgiaSupreme Court of the United States · 1976
- Furman v. GeorgiaSupreme Court of the United States · 1972
- Lockett v. OhioSupreme Court of the United States · 1978
- Woodson v. North CarolinaSupreme Court of the United States · 1976
- Jurek v. TexasSupreme Court of the United States · 1976
8 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- People v. DavisSupreme Court of Colorado · 1990
- People v. GutierrezSupreme Court of Colorado · 1981
- People v. BothamSupreme Court of Colorado · 1981
- People v. HarlanSupreme Court of Colorado · 2000
- People v. RodriguezSupreme Court of Colorado · 1990
27 more not listed; retrieve them via the Exa API.