Not a CBA Member? Join Now!
Find A Lawyer Directory
Legal Directory

Colorado Supreme Court Opinions
March 25, 2013

2013 CO 18. No. 12SA236. People v. Pleshakov.
Criminal Law—Fifth Amendment—Suppression of Evidence and Statements—Custodial Interrogation—MirandaAdvisement.

In this interlocutory appeal, the Supreme Court considered whether the trial court erred in suppressing evidence and statements made by defendant to law enforcement officers. The district court concluded that officers were required to administer a Miranda warning to defendant before a sidewalk interrogation made pursuant to a traffic stop, and that their failure to do so required suppression of defendant’s statements and evidence as products of an illegal interrogation.

The Court reversed the suppression order of the district court. Defendant was not subject to custodial interrogation when he made the statements in question, so a Miranda warning was not required.

2013 CO 19. No. 12SA189. In re People v. Nozolino.
Disqualification—Waiver of Right to Conflict—Free Counsel.

The Supreme Court held that the trial court abused its discretion when it disqualified defendant’s counsel of choice, Rosalie Roy and Kimberly Chalmers, from representing him in this case. The Court analyzed the factors critical to the determination of whether defendant must be allowed to waive conflict-free representation, and found that the balance weighed in favor of defendant’s preference for continued representation by Roy and Chalmers. Accordingly, the Court made the rule absolute and remanded the case for an advisement on the record so that defendant may decide whether to waive conflict-free representation.

Colorado Supreme Court Opinions