Mitchell v. People.

2026 CO 8. No. 24SC122. Criminal Law and Procedure—Equal Protection—Selective Prosecution.

February 2, 2026

In this case, the supreme court granted certiorari to consider whether the court of appeals division below erred in affirming the trial court’s denial of Mitchell’s motion to dismiss for selective prosecution. Mitchell, who is Black, and his three codefendants were all charged with felony murder, but only the two non-Black defendants received a plea bargain offer that allowed them to be tried in juvenile court in exchange for their cooperation with law enforcement.

The court concluded that Mitchell did not establish that he was entitled to dismissal based on a claim of selective prosecution because he did not establish the requisite discriminatory effect or discriminatory purpose by the People. Specifically, he was not similarly situated to his non-Black codefendants because, unlike them, he was the one who confronted, shot, and killed the victim. Nor did the statistical evidence that he provided establish grounds for dismissal based on a claim of selective prosecution.

Accordingly, the court affirmed the division’s judgment.