Legal Opinion · Dissent

People v. Riggs

Supreme Court of Colorado

Decided March 8, 2004No. 02SC543Published

1DissentJustice Martinez

We granted certiorari in this case to address the following issue:

Whether the court of appeals erred in concluding that the objecting party, and not a criminal defendant found not guilty by reason of insanity, has the burden of proof in a hearing to determine whether a defendant is eligible for temporary release from the state hospital for treatment and rehabilitation activities.

The majority opinion neither resolves the question presented, nor provides any guidance to the parties and courts involved in hearings on temporary removal of a patient from an institution for treatment and…

2Cases cited7 opinions

  1. American Insurance v. NaylorSupreme Court of Colorado · 1937
  2. Lagae v. LacknerSupreme Court of Colorado · 2000
  3. State v. JohnsonOhio Supreme Court · 1987
  4. People v. GillilandSupreme Court of Colorado · 1989
  5. Kort v. CarlsonSupreme Court of Colorado · 1986

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