People v. Dye.

2024 CO 2. No. 23SA140. Alternate Suspect Defense—Crim. P.16(II)(c)—Defendant's Discovery Obliations—“Nature of Any Defense"—People v. Elmarr, 2015 CO 53, 351 P.3d 431—Timing of Admissibility Determinations—Discretion to Hold a Hearing.

January 16, 2024

In People v. Elmarr, 2015 CO 53, 351 P.3d 431, the Supreme Court established the proper framework for analyzing the admissibility of alternate suspect evidence. Here, mindful of Elmarr and Crim. P. 16(II)(c), the Court outlined the procedural mechanics that litigants and trial courts should employ to implement that framework. Because the district court’s discovery order in this case was overly broad, the Court made absolute the rule to show cause.