Martinez v. People.

2024 CO 48. No. 22SC835. Criminal Law—Jury Instructions—Self-Defense—Traverse—Reckless Conduct.

June 24, 2024

The Supreme Court held that the force-against-intruders defense provided by CRS § 18-1-704.5(2) (2023), is a traverse and not an affirmative defense to crimes involving reckless conduct. Accordingly, the Court affirmed the court of appeals and concluded that the district court properly instructed the jury that the prosecution was not required to affirmatively disprove the Martinez’s force-against-intruders defense against a charge of reckless manslaughter.

The full opinion is available at https://www.coloradojudicial.gov/system/files/opinions-2024-06/22SC835.pdf.