McDonald v. People

Decision Date05 October 2021
Docket Number20SC354
Citation2021 CO 64
PartiesMarquis DeShawn McDonald, Petitioner v. The People of the State of Colorado, Respondent
CourtColorado Supreme Court

Certiorari to the Colorado Court of Appeals Court of Appeals Case No. 17CA1096

Petition for Rehearing DENIED.

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4 cases
  • People v. Whiteaker
    • United States
    • Colorado Court of Appeals
    • July 28, 2022
    ...1191 (prison attire); People v. James , 40 P.3d 36, 41 (Colo. App. 2001) (leg restraint), overruled on other grounds by McDonald v. People , 2021 CO 64, 494 P.3d 1123. Those cases therefore provide little guidance on whether the trial court erred by denying defense counsel's request to iden......
  • Plemmons v. People
    • United States
    • Colorado Supreme Court
    • September 26, 2022
    ...evidence, the guarantees against double jeopardy in the United States and Colorado Constitutions may preclude retrial." McDonald v. People, 2021 CO 64, ¶ 61, 494 P.3d 1123, 1134 (quoting People v. Coahran, 2019 COA 6, ¶ 40, 436 P.3d 617, 626 ). ¶54 While "[d]ouble jeopardy principles ‘prohi......
  • People v. Whiteaker
    • United States
    • Colorado Court of Appeals
    • July 28, 2022
    ... ... 1982) (shackled); ... Eaddy , 115 Colo. at 492, 174 P.2d at 718-19 (prison ... attire); People v. Thames , 2019 COA 124, ¶ 47, ... 467 P.3d 1181, 1191 (prison attire); People v ... James , 40 P.3d 36, 41 (Colo.App. 2001) (leg restraint), ... overruled on other grounds by McDonald v. People, ... 2021 CO 64, 494 P.3d 1123. Those cases therefore provide ... little guidance on whether the trial court erred by denying ... defense counsel's request to identify Whiteaker by name ... in the jury instructions ...          ¶ ... 24 Whiteaker's cited cases uniformly ... ...
  • Gomez v. JP Trucking, Inc.
    • United States
    • Colorado Supreme Court
    • May 16, 2022
    ...is ambiguous, however, we may resort to other interpretative aids to discern the drafters' intent. Id.; accord McDonald v. People, 2021 CO 64, ¶ 20, 494 P.3d 1123, 1128 (involving a statute). For instance, to the extent that the provisions and purposes of a state enactment closely parallel ......
1 books & journal articles
  • Summaries of Published Opinions
    • United States
    • Colorado Bar Association Colorado Lawyer No. 50-10, November 2021
    • Invalid date
    ...in violation of the Fourth Amendment. Accordingly, the Court of Appeals' judgment was affirmed and Sanchez's convictions were reversed. 2021 CO 64. No. 2OSC354. McDonald v. People. Colorado Organized Crime Control Act—Statutory Interpretation—Double Jeopardy. In this opinion, the Supreme Co......

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