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People v. Walthour.

2023 CO 55. No. 23SA125. Discovery—DUI—Trial Court Discretion.

October 23, 2023

The Supreme Court held that Crim. P. 16 does not permit a trial court to suppress the results of a blood alcohol test when no trial has been set and the prosecution has not yet received the results of the test from the Colorado Bureau of Investigation (CBI). The Court exercised jurisdiction in this C.A.R. 21 proceeding because (1) the People had no adequate appellate remedy and (2) the Court had not yet considered the boundaries of a trial court’s ability to order expedited disclosure of a CBI toxicology report in the absence of a Rule 16-imposed deadline. After determining that the trial court cannot base its suppression order on Crim. P. 16(I)(b)(3), Crim. P. 16(I)(b)(4), or the court’s inherent power to regulate discovery, the Court made absolute the rule to show cause, reversed the trial court’s suppression order, and remanded for further proceedings consistent with this opinion.

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