PEOPLE v. GREATHOUSE

No. 86SA80.

742 P.2d 334 (1987)

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. David N. GREATHOUSE, Defendant-Appellee.

Supreme Court of Colorado, En Banc.

September 8, 1987.


Attorney(s) appearing for the Case

Kurt P. Schulke, Dist. Atty., Robert H. Wheeler, Chief Deputy Dist. Atty., Georgetown, for plaintiff-appellant.

David F. Vela, Colorado State Public Defender, Claire Levy, Jonathan Willett, Deputy State Public Defenders, Denver, for defendant-appellee.


VOLLACK, Justice.

The People bring this appeal from the district court's dismissal of the first degree murder charge against the defendant, David N. Greathouse. The district court entered a judgment of dismissal as a sanction against the People upon finding that the People had failed to preserve evidence, thereby violating the defendant's due process rights. Jurisdiction is properly before this court, and we conclude that no due process violation occurred, and thus...

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