Kort v. Hufnagel

VOLLACK, Justice.

In this consolidated appeal, we are asked to determine whether a district court may issue an order which prohibits the transfer of a defendant, who is in the custody of the Department of Institutions, to any setting other than a maximum security setting within the Colorado State Hospital. We hold that such an order violates constitutional separation of powers and was issued without subject matter jurisdiction. Therefore, we reverse.

I

On January 11,1984, nunc pro tunc January 4, 1984, Denver District Court Judge Hufnagel, sitting as the trier of fact, found the defendant,…