Colorado Court of Appeals 2-2-12 People v. Davis

People v. Davis            35(c)

Facts: Subsequent to a getting his parole revoked, Mr. Davis filed a 35(c) in the district court. Upon receipt of Mr. Davis’s motion, the trial court referred the motion to the Attorney General’s Office, but did not forward the same to the Public Defender. When Mr. Davis learned that the district court referred the matter to the Attorney General, he requested the district court appoint him a lawyer to represent him on the 35(c). The trial court denied Mr. Davis’ request for counsel. Further, after receiving an affidavit from DOC and a response from the Attorney General, the district court denied Mr. Davis’ motion without a hearing.

Issue: Whether the district court erred in referring the 35(c) motion to the prosecution but not the Public Defender?

Held: Yes.

Reasoning: The Court of Appeals reasoned the district court could have denied the 35(c) motion on its face. However, the Court of Appeals held that Rule 35(c) requires the court to send a copy to the Public Defender if the court seeks input from the prosecution.

>Link to People v. Davis here< 

Colorado Court of Appeals 2-2-12 People v. Herrera

People v. Herrera            Abuse of Discretion – In Camera Review of Social Service Records / Relevancy of First Communion Photos

Facts: The prosecution charged and a jury convicted Mr. Herrera of various counts of sexual assault on a child. The case involved his two cousins as complaining witnesses. Social services had previously filed a dependency and neglect case on one cousin. The DA in the case sought and obtained the social service records. Upon reviewing the records, the prosecution disclosed the records contain potentially exculpatory evidence, and sought an in camera review of the records. The trial court did not cede to the prosecution’s request. Instead the trial court threw the issue over to the defense to file a motion regarding records - records the defense attorney had never seen. The trial court then denied the defense motion for an in camera review of the records. Subsequently, the prosecution again sought for an in camera review of the records. The defense joined the motion. Again, the trial court denied the motion, and refused to conduct an in camera review of the records.

Issue: Whether the trial court abused its discretion in refusing to conduct an in camera review of the social service records?

Held: Yes.

Reasoning: The Court of Appeals held simply, “Where a prosecutor has requested the court's in camera review of confidential social services records based on a reasonable belief that they contain exculpatory, impeaching, or inculpatory information that would materially assist in preparing the defense,

we conclude that the defendant's burden to request disclosure has been satisfied.” The Court remanded the case to the trial court, and ordered the trial court to conduct an in camera review.

Issue: Whether the trial court erred in admitting photographs of each child at their first communion?

Held: No.

Reasoning: The defense claimed the pictures were neither relevant nor, if relevant, admissible under CRE Rule 403. The Court of Appeals found the photos relevant because each showed the child as the child appeared at the time of the offenses. The Court buried its collective head in the sand or somewhere else by denying the substantial prejudice. The Court wrote, “While the photographs of the children apparently praying may have evoked sympathy in the jury, we are not persuaded, however, that their admission was unfairly prejudicial so as to constitute an abuse of discretion.” Communion. Praying. Little kids at their first communion. What could possibly be more prejudicial and irrelevant in a sexual assault on a child? Horrible holding.

>Link to People v. Herrera here<