Menu icon Access the Business Officer Magazine menu by clicking or touching here.
Colorado Lawyer Magazine logo, click or touch this logo to return to the homepage Click or touch the Colorado Lawyer Magazine logo to return to the homepage. Search

Fisher v. People.

2020 CO 70. No. 19SC98. Criminal Procedure—Charging Instruments—Amendments to the Information.

September 14, 2020


In this case, the Supreme Court considered whether an amendment to the information was permissible under Crim. P. 7(e). The amendment expanded the date range of the charged offenses and was made after trial had begun. The Court held that, while expanding the date range does not automatically prejudice a defendant’s substantial rights, under the totality of the circumstances here, the mid-trial amendment prejudiced Fisher’s substantial right to fully prepare and present his alibi defense.

Accordingly, the Court reversed the Court of Appeals’ judgment, vacated Fisher’s convictions, and remanded for a new trial.

Official Colorado Supreme Court proceedings can be found at the Colorado Supreme Court website.


Related Topics

Criminal Procedure Charging Instruments Amendments to the Information

Back to the From the Courts Page