Case Detail
CitationPeople v. Bueno, No. 10CA2114, 2013 WL 6118364 (Colo. App. Nov. 21, 2013)
CrimeMurder
StateCO
Pros. First NameUKN
Pros. Last NameUKN
FederalNo
Trial Year2009
BodyTrial court
OpinionThe Colorado Court of Appeals, in a first degree murder case, affirmed the lower court's granting the defendant a new trial due to the prosecution's withholding of exculpatory evidence in violation of Brady v. Maryland: "the trial court found that 'the failure by the Prosecution to provide ... discovery when it was in the District Attorney's possession and thought to have relevance to the . . . investigation at the outset is a violation requiring a severe sanction.' Thus, the court concluded defendant's 'right to present a full, fair, and complete defense to the charges, his right to due process ... and his right to be provided all relevant and possible exculpatory evidence that might negate his guilt' were violated and the remedy was to grant defendant a new trial."
Determination Year2013
Misconduct TypeP
C/S EffectNew trial
Pros. Misc. ReportedUKN
SanctionsUKN
Sanction TypeUKN
Web linkhttp://www.cobar.org/opinions/opinion.cfm?opinionid=9142&courtid=1