Robles v. People, No. 24765

Docket NºNo. 24765
Citation178 Colo. 181, 496 P.2d 1003
Case DateApril 24, 1972
CourtSupreme Court of Colorado

Page 1003

496 P.2d 1003
178 Colo. 181
Joe ROBLES, a/k/a Joe Gabrial Robles, Plaintiff in Error,
v.
The PEOPLE of the State of Colorado, Defendant in Error.
No. 24765.
Supreme Court of Colorado, En Banc.
April 24, 1972.
Rehearing Denied May 30, 1972.

[178 Colo. 182]

Page 1004

Epstein, Lozow & Preblud, Arlan I. Preblud, Denver, for plaintiff in error.

Duke W. Dunbar, Atty. Gen., John P. Moore, Deputy Atty. Gen., Richard G. McManus, Jr., Asst. Atty. Gen., Denver, for defendant in error.

ERICKSON, Justice.

The plaintiff in error, Joe Gabrial Robles, was convicted of the crime of aggravated robbery. We affirm his conviction.

The charges against Robles were made in a grand jury indictment. The primary ground which Robles presents for reversal is that he was denied the right to examine grand jury testimony that furnished the basis for his indictment. He alleges that the production of the grand jury testimony might have provided a basis for his counsel to impeach certain witnesses or to refresh their recollection or to otherwise test their credibility. Dennis v. United States, 384 U.S. 855, 86 S.Ct. 1840, 16 L.Ed.2d 973 (1966); Melton v. United States, 398 F.2d 321 (10th Cir. 1968); Cargill v. United States, 381 F.2d 849 (10th Cir. 1967); Worthy v. United States, 127 U.S.App.D.C. 329, 383 F.2d 524 (1967). See also, United States v. Youngblood, 379 F.2d 365 (2d Cir. 1967), which sets forth a more comprehensive basis for obtaining grand jury testimony.

At the time of Robles' trial, which was prior to April 1, 1970, discovery was governed by Colo.R.Crim.P. 16. Under Colo.R.Crim.P. 16(b), defense counsel was provided with access to a witness's out-of-court statements immediately after the witness testified on direct examination. Colo.R.Crim.P. 16(d) set forth the parameters of a statement and grand jury testimony of witnesses was not included.

In effect, Colo.R.Crim.P. 16(d) made available to an [178 Colo. 183] accused before the Colorado courts the same guarantees afforded to a defendant in the Federal courts under the Jencks Act and Jencks decision. 18 U.S.C. § 3500; Jencks v. United States, 353 U.S. 657, 77 S.Ct. 1007, 1 L.Ed.2d 1103 (1957); Fed.R.Crim.P. 16 (1941). Prior to the amendment of the Federal Rules of Criminal Procedure in 1966, the Supreme Court of the United States refused to allow the discovery rules and the Jencks procedures to be utilized as a means to obtain grand jury testimony. Pittsburg Plate Glass Co. v. United States, ...

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2 practice notes
  • People By and Through VanMeveren v. District Court In and For Larimer County, Nos. 26590
    • United States
    • Colorado Supreme Court of Colorado
    • 3 February 1975
    ...or efficiency in the search for truth. See Dennis v. United States, 384 U.S. 855, 86 S.Ct. 1840, 16 L.Ed.2d 973 (1966); Robles v. People, 178 Colo. 181, 496 P.2d 1003 (1972); Parlapiano v. District Court, 176 Colo. 521, 491 P.2d 965 (1971); State v. Peterson, Iowa, 219 N.W.2d 665 (1974); St......
  • McNulty v. People, No. C--171
    • United States
    • Colorado Supreme Court of Colorado
    • 18 December 1972
    ...The court in this case, which tried the cause prior to Parlapiano, did not commit error in this respect. Robles v. People, Colo., 496 P.2d 1003 The last assignment is that the charges of keeping a gambling room or building and keeping a gaming table are duplicitous. The defendant cites as h......
2 cases
  • People By and Through VanMeveren v. District Court In and For Larimer County, Nos. 26590
    • United States
    • Colorado Supreme Court of Colorado
    • 3 February 1975
    ...or efficiency in the search for truth. See Dennis v. United States, 384 U.S. 855, 86 S.Ct. 1840, 16 L.Ed.2d 973 (1966); Robles v. People, 178 Colo. 181, 496 P.2d 1003 (1972); Parlapiano v. District Court, 176 Colo. 521, 491 P.2d 965 (1971); State v. Peterson, Iowa, 219 N.W.2d 665 (1974); St......
  • McNulty v. People, No. C--171
    • United States
    • Colorado Supreme Court of Colorado
    • 18 December 1972
    ...The court in this case, which tried the cause prior to Parlapiano, did not commit error in this respect. Robles v. People, Colo., 496 P.2d 1003 The last assignment is that the charges of keeping a gambling room or building and keeping a gaming table are duplicitous. The defendant cites as h......

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