(DOWNLOAD) "People V. Branch" by Colorado Supreme Court " Book PDF Kindle ePub Free
eBook details
- Title: People V. Branch
- Author : Colorado Supreme Court
- Release Date : January 28, 1991
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
We granted the People's petition for certiorari to review the decision of the court of appeals in People v. Branch, 786 P.2d 441 (Colo. App. 1989), which reversed the conviction of the defendant, Michael Branch, for second-degree murder and remanded the case to the trial court for a new trial. In reaching this result, the court of appeals held that the trial court erred in ruling that the defendant's statements to a court-appointed psychiatrist during a competency examination were voluntary and hence were admissible to impeach the defendant's testimony at trial. In contrast to the trial court's ruling, the court of appeals concluded that the defendant's statements were obtained in violation of his right to counsel and, on that basis, were involuntary and could not be used for any purpose at trial. We conclude that the court of appeals, and also the trial court, applied an incorrect standard in resolving the voluntariness of the defendant's statements. We accordingly reverse the judgment of the court of appeals and remand the case to that court with directions to return the case to the trial court for further proceedings consistent with the views herein expressed.
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