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Colorado Supreme Court Opinions
February 27, 2012

2012 CO 13. No. 10SC151. People v. Laeke.
Criminal Law—Affirmative Defense of Insanity.

The Supreme Court held that where, as here, a defendant has entered a plea of not guilty by reason of insanity and the prosecution concedes that the defendant was insane at the time of the commission of the offense, the defendant has neither a statutory nor a constitutional right to a jury trial on the affirmative defense of insanity or on the merits of the charged offense. Accordingly, the Court reversed the judgment of the court of appeals and remanded the case to the appellate court to return it to the trial court for proceedings consistent with this opinion.

2012 CO 14. No. 11SC842. Hall v. Moreno.
Congressional Redistricting.

The Supreme Court held that the district court adopted a lawful redistricting scheme in accordance with constitutional criteria and that the district court did not abuse its discretion in balancing the non-constitutional factors as set forth in CRS § 16 2-1-102. The Court further held that this balancing was reasonable and supported by the evidence that was heard during the district court’s thorough, inclusive, and nonpartisan proceedings. Accordingly, the Court affirmed the district court’s order that the Colorado Secretary of State implement the adopted redistricting scheme in future congressional elections.

2012 CO 15. No. 10SC419. Colorado Division of Employment and Training v. Accord Human Resources, Inc.
CRS §8-70-114(1)—Employer Tax Accounts—Assessing Unemployment Taxes—Back Taxes.

The Colorado Division of Employment and Training (Division) sought to reverse the court of appeals’ decision that CRS § 8-70-114(1) does not authorize the Division to collapse five employer accounts, combine their unemployment tax rates, and assess back taxes. The Supreme Court affirmed the court of appeals’ judgment, concluding that nothing in CRS § 8-70-114(1) gives the Division authority to combine separate employer tax accounts into one account for purposes of assessing unemployment taxes. The statute describes circumstances where individuals will be deemed to be employed by a single employing unit for purposes of paying benefits.

Colorado Supreme Court Opinions