Chapter 18 - § 18.3 CRIMINAL TRIALS

• Jurisdiction: Colorado

§ 18.3 CRIMINAL TRIALS

Colorado

➢ Trial Court May Not Direct Verdict Against Defendant on an Essential Element of the Offense in a Criminal Trial. A defendant has a Sixth Amendment right to have a jury determine the issue of materiality in a perjury prosecution because the court determined that materiality is an essential element of perjury. People v. Vance, 933 P.2d 576, 578 (Colo. 1997).

➢ Judge May Direct a Verdict; Affirmative Defense. In Colorado, insanity is an affirmative defense. Therefore, a jury instruction presuming a defendant to be sane, where the defense has failed to present any evidence of insanity, amounts to a directed verdict against the defendant that does not violate the defendant's Sixth Amendment right to a jury trial. People v. Hill, 934 P.2d 821 (Colo. 1997).

➢ Judge May Direct a Verdict of Acquittal. When the State closes its evidence, or when all the evidence is completed, and the evidence is insufficient to support a finding of guilt, when viewed in a light most favorable to the prosecution, then the court can enter a judgment for acquittal. People v. Lyle, 613 P.2d 896 (Colo. 1980); People v. Braxton, 807 P.2d 1214 (Colo. App. 1990).
➢ Standard to Survive Directed Verdict of Acquittal. In order to withstand a motion for judgment of acquittal, the prosecution has the burden of establishing a prima facie case of guilt and producing sufficient evidence to establish guilt beyond a reasonable doubt. People v. Ramos, 708 P.2d 1347, 1349 (Colo. 1985); People v. Bennett, 515 P.2d 466, 468 (Colo. 1973); People v. Batchelor, 800 P.2d 599 (Colo. 1990).

Federal

➢ Trial Court May Not Direct Verdict Against Defendant on an Essential Element of the Offense in a Criminal Trial. In a criminal trial, a judge "may not direct a verdict for the State, no matter how overwhelming the evidence." Sullivan v. Louisiana, 508 U.S. 275, 277 (1993). The Sixth Amendment right to a trial by jury "require[s] criminal convictions to rest upon a jury determination that the defendant is guilty of every element of the crime with which

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