Lawwly

People v. Pickering

Colorado Supreme Court

276 P.3d 553 (2011)

Relevant factsFree

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.

IssueFree

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.

Unlock the full brief

Free accounts read 20 full briefs. No card required.

Related cases