PEOPLE v. MURPHY

No. 95SC163.

919 P.2d 191 (1996)

The PEOPLE of the State of Colorado, Petitioner/Cross-Respondent, v. Michael Mark MURPHY, Respondent/Cross-Petitioner.

Supreme Court of Colorado, En Banc.

Rehearing Denied July 29, 1996.


Attorney(s) appearing for the Case

Gale A. Norton, Attorney General, Stephen K. ErkenBrack, Chief Deputy Attorney General, Timothy M. Tymkovich, Solicitor General, John Daniel Dailey, Deputy Attorney General, Robert Mark Russel, First Assistant Attorney General, Laurie A. Booras, Assistant Attorney General, Criminal Enforcement Section, Denver, for Petitioner/Cross-Respondent.

David F. Vela, Colorado State Public Defender, Thomas R. Williamson, Deputy State Public Defender, Denver, for Respondent/Cross-Petitioner.


Chief Justice VOLLACK delivered the Opinion of the Court.

We granted certiorari to review the court of appeals' decision in People v. Murphy, 899 P.2d 294 (Colo.App.1994), in which the court of appeals reversed the respondent's conviction. The court of appeals held that although evidence of a rape victim's homosexual orientation is barred by section 18-3-407, 8B C.R.S. (1986 & 1995 Supp.) ("the Rape Shield Statute"), the...

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