People v. Pickering
Colorado Supreme Court
276 P.3d 553 (2011)
Jerad Pickering (defendant) stabbed Leon Villarreal to death during an argument at a friend's apartment. Charged with second-degree murder, Pickering claimed self-defense. The jury was instructed that self-defense was relevant to the knowing-murder charge but was not told the prosecution had to disprove self-defense for the lesser charge of reckless manslaughter. The jury convicted Pickering of reckless manslaughter. The court of appeals reversed, holding the instructions could have improperly shifted the burden of proof, and the Colorado Supreme Court granted review.
Whether it is constitutionally permissible for a trial court to instruct the jury that the prosecution bears no burden of disproving self-defense with respect to a crime involving recklessness, criminal negligence, or extreme indifference.