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(Download) "Barela V. People" by Colorado Supreme Court * Book PDF Kindle ePub Free

Barela V. People

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eBook details

  • Title: Barela V. People
  • Author : Colorado Supreme Court
  • Release Date : January 27, 1992
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 54 KB

Description

We granted certiorari to consider whether the district Court erred in reversing the county court's dismissal of criminal charges against the defendant, Gerald Barela, and in remanding the case to the county court for trial. The county court heard and granted the defendant's motion to suppress evidence after a jury had been impaneled but had not yet been sworn to try the case, and then dismissed the unsworn jury after the prosecutor initially announced an intention to file an interlocutory appeal from the suppression ruling. The prosecutor later reconsidered the matter and decided not to appeal the suppression ruling, but another Judge of the county court, on the day of the rescheduled trial, dismissed the case with prejudice,  ruling that the dismissal of the unsworn jury and the rescheduling of the trial violated due process of law. We disapprove the procedures employed by the county court in this case, but hold that the rescheduling of the defendant's trial did not violate any speedy trial or due process rights of the defendant. We accordingly affirm the judgment of the district court, and remand the case to that court with directions to return the case to the county court for further proceedings.


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