People v. Guenther
Supreme Court of Colorado
740 P.2d 971 (1987)
A group of people were drinking at a party at the home of Michael and Josslyn Volosin. Three men left the party and went across the street to the home of David Guenther (defendant) and his wife, Pam, where they shouted at and challenged Guenther to go outside. The three men left after Pam said that she was going to call the police. The events that followed are in dispute, but Pam and Guenther alleged that Michael and his friends returned and that, when Pam opened the door, Michael grabbed Pam and pulled her outside. Pam screamed for Guenther, who came to the front door and fired four shots, wounding Michael and his friend Robbie and killing Josslyn. Guenther was charged with the second-degree murder of Josslyn and the first-degree assault of Michael and Robbie. Guenther moved to dismiss the charges, arguing that he was immune from criminal prosecution under § 18-1-704.5 of Colorado law, which provides that the occupant of a dwelling is immune from criminal prosecution for the use of physical force against a person who makes an unlawful entry into the dwelling. The trial court dismissed the charges against Guenther, and the prosecution appealed.
Rule of Law
Holding and Reasoning (Quinn, C.J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 178,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,000 briefs, keyed to 188 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.