People v. Germany

QUINN, Justice.

In these consolidated appeals the People challenge various district court rulings declaring unconstitutional section 16-5-402, C.R.S.1973 (1982 Supp.), which, subject to narrow exceptions, creates an absolute time bar to collateral attacks by defendants on criminal convictions. We hold that section 16-5-402 violates due process of law under the United States and Colorado Constitutions and accordingly affirm the rulings.

I

In each of these cases the defendant moved to prohibit the prosecution from using evidence of a prior conviction either to support guilt or to enhance…