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People v. Tallent.

2021 CO 68. No. 20SC205. Constitutional Law—Searches and Seizures— Exclusionary Rule—Exceptions.

September 27, 2021


In this case, the Supreme Court reviewed the Court of Appeals division’s announcement of a new two-step multifactor test that a trial court would be required to apply when exercising discretion on remand to entertain new arguments and evidence from either party in its resolution of any remaining suppression-related issues not foreclosed by the appellate court’s decision. The Court rejected the division’s approach as departing from the decision in People v. Morehead, 2019 CO 48, 442 P.3d 413. Further, based on the existing record in Tallent’s case, the Court concluded that the trial court did not err in considering the People’s new arguments on remand. Accordingly, the Court reversed the division’s judgment and remanded the case for consideration of Tallent’s remaining arguments on appeal.

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