Opinion

People v. District Court

  • 16 Brief Times Rptr. 1103
  • 834 P.2d 181
  • 1992 Colo. LEXIS 557
  • 1992 WL 144717
Court
Supreme Court of Colorado
Filed
Jun 29, 1992
Status
Published
Author
Quinn
On the bench
Entirety, Erickson, III, Kirshbaum, Lohr, Mullarkey, Parts, Quinn, Respect, Rovira, Thereof, Vollack
Cited by
38 cases

holding that where provisions of death penalty statute were declared unconstitutional after murder committed, as long as at the time of the alleged offense defendant had “fair warning” that first degree murder conviction could result in death penalty, application of death penalty statute did not violate ex post facto clause

How later courts described this case

  • holding that where provisions of death penalty statute were declared unconstitutional after murder committed, as long as at the time of the alleged offense defendant had “fair warning” that first degree murder conviction could result in death penalty, application of death penalty statute did not violate ex post facto clause
  • noting that there has been a death penalty in Colorado since 1861, with the exception of a brief interruption between 1897 and 1901
  • "To determine whether to apply the revival doctrine, the test of legislative intent was invoked ... ."
  • noting that the Dobbert Court held that changes in the law that are procedural do not violate the Ex Post Facto Clause

Written by the judges who cited it.

The opinion

Justice QUINN

concurring in part and dissenting in part:

I concur only in Part II of the court’s opinion on the issue of revival, and I join Justice Lohr’s dissent in its entirety on all other issues. Because I would affirm the rulings of the district court, I find no reason to address the issues in Part IV of the court’s opinion, which I do not join.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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