In re People v. Maes.

2024 CO 15. No. 22SA273. Criminal Law—Preliminary Hearings—Probable Cause—Reviewability of Magistrate Determinations—Colorado Rules for Magistrates—Final Order or Judgment—Timeliness.

March 25, 2024

In this original proceeding, the Supreme Court held that a magistrate’s probable-cause finding after a preliminary hearing is a “final order or judgment” under the Colorado Rules for Magistrates and is therefore reviewable by a district court. The Court further held that the time limit for petitioning for such district court review runs from the time the magistrate memorializes that determination in writing. Accordingly, the Court made the rule to show cause absolute.