People v. Juvenile Court, City and County of Denver
Colorado Supreme Court
893 P.2d 81 (1995)
- Written by Mary Katherine Cunningham, JD
Facts
The Colorado General Assembly passed a law prohibiting the possession of handguns by juveniles, and the law contained a presumption statute. Section 19-2-204(3)(a)(III) provides that a juvenile is presumed dangerous to himself or herself or the community if the juvenile is determined to have possessed a handgun or used a firearm during the commission of a felony. Police arrested F.N. (defendant) for felony menacing and unlawful possession of a handgun by a juvenile. A magistrate found probable cause to detain F.N. for felony menacing and for violation of a Colorado handgun-possession statute. At a detention hearing, the prosecution (plaintiff) asked for the continued detention of F.N. The hearing officer found F.N. pointed a loaded handgun at two people and found that, as a result, F.N. was a danger to himself and the community. The hearing officer ordered F.N.’s continued detention, and the state filed a delinquency petition. F.N. filed a motion for release from custody, arguing that the presumption statute violated the Equal Protection and Due Process Clauses of the United States and Colorado Constitutions. The juvenile court held the presumption statute violated constitutional due-process rights and ordered that F.N. be released on bond. The state appealed to the Colorado Supreme Court.
Rule of Law
Issue
Holding and Reasoning (Kirshbaum, J.)
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