Legal Opinion

Brent A. Willoughby. Order Reversed en banc CHIEF JUSTICE BOATRIGHT delivered the Opinion of the Court, in which JUSTICE HOOD

Supreme Court of Colorado

Decided March 6, 2023No. 22SA254PublishedCited by 4 opinions

1Opinion of the Court

against self-incrimination. The trial court agreed with the defendant that he was in custody when he made the incriminating statements. The supreme court now holds that the defendant was not in custody for Miranda purposes. Applying the factors from People v. Matheny, 46 P.3d 453, 465–66 (Colo. 2002), the court concludes that, under the totality of the circumstances, a reasonable person in the defendant’s position would not believe their freedom of movement was restricted to the degree associated with a formal arrest. Thus, the court reverses and remands. 2 The Supreme Court of the State of…

2Cases cited30 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. Berkemer v. McCartySupreme Court of the United States · 1984
  3. Oregon v. MathiasonSupreme Court of the United States · 1977
  4. Stansbury v. CaliforniaSupreme Court of the United States · 1994
  5. California v. BehelerSupreme Court of the United States · 1983

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3Cited by4 opinions

  1. The PEOPLE of the State of Colorado v. Brent A. WILLOUGHBYSupreme Court of Colorado · 2023
  2. Rachel Ann Niemeyer, Petitioner: v. The People of the State of Colorado, Respondent:Supreme Court of Colorado · 2024
  3. The People of the State of Colorado v. Terrence Kenneth Eugene.Supreme Court of Colorado · 2024
  4. The People of the State of Colorado, Plaintiff-Appellant: v. Dakotah J. Lulei. Defendant-Appellee:Supreme Court of Colorado · 2026

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