PEOPLE v. RAFFAELLI

No. 83CA0496.

701 P.2d 881 (1985)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Robert J. RAFFAELLI, Defendant-Appellant.

Colorado Court of Appeals, Div. I.

Rehearing Denied May 16, 1985.


Attorney(s) appearing for the Case

Duane Woodard, Atty. Gen., Charles B. Howe, Chief Deputy Atty. Gen., Richard H. Forman, Sol. Gen., Dolores S. Atencio, Asst. Atty. Gen., Denver, for plaintiff-appellee.

David F. Vela, Colorado State Public Defender, Rachel A. Bellis, Deputy State Public Defender, Denver, for defendant-appellant.


PIERCE, Judge.

Defendant, Robert J. Raffaelli, appeals from a conviction of child abuse, challenging the admissibility of several out-of-court statements made by his wife. We reverse.

Defendant's two-month-old daughter was admitted to a hospital after she suddenly stopped breathing and lapsed into a coma. She died several days later without regaining consciousness. An autopsy established the cause of death to be a significant subdural hematoma. There were...

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