A Colorado district attorney charged Bradley Herron with second-degree assault against the victim Sarah Jane Gansz. After reviewing the case, however, the district attorney moved to dismiss the case before trial based on the belief that Gansz was not a credible witness. The trial judge dismissed the charge without a hearing, but then vacated the dismissal and granted a hearing after Gansz objected. At that hearing, the judge held that Gansz lacked standing to proceed and again granted the motion to dismiss. Gansz attempted to appeal the dismissal, but the court of appeals also held that she lacked the required standing. Gansz appealed to the state supreme court, alleging that the Colorado Constitution granted her standing to appeal the dismissal of the charges as the victim.