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In re People v. Nunez.

2021 CO 31. No. 20SA324. Criminal Law—Constitutional Law—Speedy Trial.

May 17, 2021


The Supreme Court exercised its original jurisdiction to determine whether the trial court properly exercised jurisdiction over defendant when it declared a retroactive mistrial to extend his speedy trial deadline by three months under Colorado’s speedy trial statute, CRS § 18-1-405. The Court held that courts may not declare retroactive mistrials to evade the mandatory deadlines set by Colorado’s speedy trial statute. Further, trial courts must explicitly declare mistrials, which did not happen in this case. Therefore, the trial court improperly exercised jurisdiction over defendant after his speedy trial deadline had passed, and the charges against him must be dismissed with prejudice. Accordingly, the Court made the rule absolute.

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