People in the Interest of E.G.
Colorado Supreme Court
368 P.3d 946 (2016)
E.G. (defendant) was indicted for sexually assaulting his younger cousins in the basement of their mutual grandmother’s house. E.G.’s grandmother gave the prosecution (plaintiff) unrestricted access to the crime scene in her basement. E.G. moved for access to the basement so that his counsel could view and photograph the crime scene. The trial court denied the motion, concluding that it lacked authority to order a private party to open a private residence for a defense investigation. The court of appeals held that the trial court erred in concluding that it lacked the authority to order access to a non-party’s private property, but it affirmed because E.G. had not demonstrated that inspecting the crime scene was necessary to his defense. The Colorado Supreme Court granted the prosecution’s petition for certiorari.
Rule of Law
Holding and Reasoning (Rice, C.J.)
Concurrence (Gabriel, J.)
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