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Colorado justices recognize limited right to evidence in postconviction challenges

Colorado Springs Gazette·Michael Karlik [email protected]·28 days ago
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The Colorado Supreme Court ruled on Monday that defendants challenging their convictions may, in certain circumstances, be entitled to receive the information the prosecution already handed over for trial at no cost. The justices rejected the argument that defendants seeking postconviction relief must use the open records law specific to criminal justice records, which prosecutors’ offices have the discretion to partially or completely withhold. However, the Supreme Court stopped short of concluding that judges can order disclosure of the trial evidence in every postconviction case. “Although a defendant with the financial means to pay for copies is free to spend his money to pursue frivolous claims, the state isn’t obligated to subsidize that pursuit,” wrote Justice William W. Hood III in the May 4 opinion.…

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