The People of the State of Colorado v. Christopher G. Smith.
The People of the State of Colorado v. Christopher G. Smith.
Opinion
1
The People of the State of Colorado, Petitioner
v.
Christopher G. Smith. Respondent
No. 24SC102
Supreme Court of Colorado, En Banc
August 5, 2024
Court of Appeals Case No. 21CA1738
DENIED PETITIONS FOR WRIT OF CERTIORARI
Petition for Writ of Certiorari DENIED.
JUSTICE BOATRIGHT would grant as to the following issue:
If the trial court properly instructs the jury on every element of the substantive offense (second-degree murder) but improperly refuses to instruct the jury on a mitigating factor that can only affect sentencing (heat of passion), should the prosecutor be forced to retry the offense on remand? Or should the prosecutor have the option of accepting the jury's conviction-while conceding the sentencing mitigator?
Opinion
1
The People of the State of Colorado, Petitioner
v.
Christopher G. Smith. Respondent
No. 24SC102
Supreme Court of Colorado, En Banc
August 5, 2024
Court of Appeals Case No. 21CA1738
DENIED PETITIONS FOR WRIT OF CERTIORARI
Petition for Writ of Certiorari DENIED.
JUSTICE BOATRIGHT would grant as to the following issue:
If the trial court properly instructs the jury on every element of the substantive offense (second-degree murder) but improperly refuses to instruct the jury on a mitigating factor that can only affect sentencing (heat of passion), should the prosecutor be forced to retry the offense on remand? Or should the prosecutor have the option of accepting the jury's conviction-while conceding the sentencing mitigator?
Opinion
Court of Appeals Case No. 21CA1738
DENIED PETITIONS FOR WRIT OF CERTIORARI
2
Petition for Writ of Certiorari DENIED.
JUSTICE BOATRIGHT would grant as to the following issue:
If the trial court properly instructs the jury on every element of the substantive offense (second-degree murder) but improperly refuses to instruct the jury on a mitigating factor that can only affect sentencing (heat of passion), should the prosecutor be forced to retry the offense on remand? Or should the prosecutor have the option of accepting the jury's conviction-while conceding the sentencing mitigator?
Case-law data current through December 31, 2025. Source: CourtListener bulk data.