Compiled by Tony Flesor and Doug Chartier, LAW WEEK COLORADO
Editor’s note: Summaries are pulled directly from court opinions and are edited for space.
Colorado State Court of Appeals
April 9 opinions:
People v. Carter
Javad Marshall-Fields was set to testify against Robert Ray over a shooting that occurred. Ray instructed Parish Ramon Carter to approach Marshall-Fields and discourage him from testifying. The night after Carter approached Marshall-Fields, the latter and his fiancée were killed in a drive-by shooting.
Carter was arrested and interrogated without an attorney present, and a video recording was introduced at trial. A jury convicted Carter of conspiracy to commit first-degree murder, intimidating a witness and unlawful distribution of a controlled substance.
Carter appealed, contending that the district court erred in admitting the interrogation footage because he was not adequately advised of his Miranda right to have an attorney present. The appellate court held that because the admitted footage did not contain a confession or self-incrimination, the evidence was harmless beyond a reasonable doubt. As it did not affect the trial’s outcome, it did not warrant reversal, and the judgment was affirmed.
People v. Martinez
Mario Martinez was convicted of attempted first-degree criminal trespass, third-degree criminal trespass and criminal mischief following an incident in which he stalked a victim and attempted to enter her house.