Colorado v. Rigsby
| Docket Number | 18SC923 |
| Decision Date | 14 September 2020 |
Derek Rigsby was charged with three counts of second degree assault for smashing a glass into someone’s face during a bar fight. The three charges represented alternative methods of committing the same crime. The jury found Rigsby guilty as charged on the first two counts: (1) second degree assault (acting with intent to cause bodily injury and causing serious bodily injury); and (2) second degree assault (acting recklessly and causing serious bodily injury with a deadly weapon). On the third...
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12 cases
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People v. Crabtree
...the error occurred, so long as the error is obvious at the time of appeal. Id. "We review questions of law de novo." People v. Rigsby, 2020 CO 74, ¶ 11, 471 P.3d 1068, 1072. III. Analysis A. Did the Division Incorrectly Review for Plain Error? ¶22 Errors. They happen—including in criminal j......
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Whiteaker v. People
...a lesser-included offense in violation of the double jeopardy clauses of the U.S. and Colorado constitutions. See People v. Rigsby, 2020 CO 74, ¶ 14, 471 P.3d 1068, 1072. Thus, we turn to the contested question of remedy. C. Double Jeopardy Sentencing Errors Trigger Automatic Reversal [8] ¶......
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People v. Viburg
... ... and thus convict them of the lesser included offense ... Id. at ¶ 8, 402 P.3d at 475. By definition, a ... jury that finds a defendant guilty of a lesser included ... offense axiomatically acquits them of the greater offense ... See e.g. , People v. Rigsby , 2020 CO 74, ... ¶ 1, 471 P.3d 1068, 1071 ("[T]he jury returned a ... guilty verdict on the lesser included offense of third degree ... assault ... ; in so doing, the jury necessarily ... acquitted [the defendant] of the charged offense on that ... count." (emphasis added)). True, a ... ...
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Cisneros v. Elder
...P.3d 427, 441 (Colo. App. 2007) (quoting Mayer v. Town of Hampton , 127 N.H. 81, 497 A.2d 1206, 1209 (1985) ); see also People v. Rigsby , 2020 CO 74, ¶ 21, 471 P.3d 1068 (observing a hierarchy of culpable mental states for criminal behavior in which "intentionally" is the most culpable and......
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