People v. District Court
People v. District Court
Opinion of the Court
delivered the opinion of the Court.
This is an original proceeding brought by the district attorney to prohibit the respondent district court from refusing to reopen a suppression hearing held in criminal cases Nos. 73381 and 74592. We issued our rule to show cause and the matter is now at issue. We discharge the rule.
The factual background concerning the hearings on the motions to suppress evidence, statements, and grand jury testimony is set forth in our decision in People v. Salazar, Wallace and Martinez, 189 Colo. 429, 541 P.2d 676, wherein this court affirmed the rulings of the district court in granting defendants’ various motions to suppress.
In People v. Salazar, Wallace and Martinez; supra, we affirmed the court’s ruling granting Salazar’s motion to suppress, on the ground that the statements were involuntary and taken in violation of Salazar’s constitutional rights. It was unnecessary to consider the issue of the illegality of Salazar’s arrest. In view of our affirmance in Salazar on other grounds, the issue of the legality of Salazar’s arrest is now moot.
Rule discharged.
¡VTR. CHIEF JUSTICE PRINGLE does not participate.
Reference
- Full Case Name
- The People of the State of Colorado v. District Court in and for the Tenth Judicial District, and Honorable Richard D. Robb, District Judge, within and for the County of Pueblo, State of Colorado
- Status
- Published