Editor’s Note: Law Week Colorado edits court opinion summaries for style and, when necessary, length.
The Colorado Court of Appeals unanimously affirmed a judgment connected to a sexual assault case.
Joshua Cuellar was convicted of sexual assault by a jury. Before trial, Cuellar sought leave to introduce evidence under Colorado’s rape shield statute, that the victim had previously been sexually assaulted. The trial court ruled that evidence was inadmissible.
According to court records, in rebuttal closing argument, a prosecutor also said in order to acquit Cuellar, the jury would have to believe the victim lied about the incident.
Cuellar made multiple arguments on appeal including contending the lower court reversibly erred by excluding evidence of the victim’s previous sexual assault. The appeals court held Cuellar didn’t overcome the presumption the prior sexual assault evidence was irrelevant, concluding the court didn’t abuse it’s discretion excluding it.
Cuellar also argued on appeal that the prosecutor committed misconduct in the closing argument. Cuellar contended the prosecutor misstated the law and lowered the burden of proof arguing the jury could acquit Cuellar only if the jurors believed the victim lied.
The appeals court found the prosecutor’s comments weren’t proper because it could lower the prosecution’s burden of proof. The appeals court found, however, given the circumstances of this case, such an error was harmless when considering the overwhelming evidence of Cuellar’s guilt.
The appeals court found the cumulative effect of the court’s errors didn’t show an absence of a fair trial. The judgment was affirmed.