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Andrews v. People

800 P.2d 607 (1990)

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Andrews v. People

Colorado Supreme Court
800 P.2d 607 (1990)

CS

Facts

Andrews and others (the protestors) (defendants) attempted to block the entrance to the Rocky Flats federal nuclear-weapons facility in Colorado. The protestors hoped to stop the manufacture of nuclear-weapon parts inside the plant and to eventually force the closure of the facility. The protestors obstructed traffic and disobeyed state police officers who ordered them to move. The protestors were arrested and charged with obstruction of a roadway and disobeying the request of a peace officer. At trial the protestors pleaded not guilty and served notice that they intended to invoke the choice-of-evils defense. The choice-of-evils defense was a statutorily created defense that could only be invoked if the defendant produced an offer of proof supporting the statutory elements of the defense. The trial court ruled that the protestors had failed to sufficiently do so and therefore refused to allow the protestors to invoke the choice-of-evils defense before the jury. The protestors were convicted, sentenced to community service and small fines, and appealed. The appellate court agreed that the protestors had failed to lay the required foundation for a choice-of-evils defense. The Colorado Supreme Court granted certiorari.

Rule of Law

Issue

Holding and Reasoning (Erickson, J.)

Dissent (Quinn, J.)

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