(Download) "Cordova V. People" by Colorado Supreme Court # Book PDF Kindle ePub Free

by Cornelia Shepard August 17, 2021 Post a Comment

eBook details

Title: Cordova V. People
Author : Colorado Supreme Court
Release Date : January 16, 1991
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 61 KB

Description

The question in this case is whether a trial court errs by refusing a defendant's request for an informational instruction that advises the jury of the consequences of a not guilty verdict by reason of the affirmative defense of impaired mental condition. The court of appeals in an unpublished opinion affirmed the trial court's refusal to give such an instruction. People v. Cordova, No. 87CA1686 (Court of Appeals, April 5, 1990). In so ruling, the court conceded the need for such an instruction at a separate sanity trial in order to guard against the risk of the jury's erroneous belief that a verdict of not guilty by reason of insanity would result in the defendant's immediate release to the community, but then reasoned that those same concerns are not present during a trial on the merits at which the affirmative defense of impaired mental condition has been placed in issue. Because we find the court of appeals' distinction untenable, we reverse the judgment and remand the case to that court with directions to return the case to the district court for a new trial.