The PEOPLE of the State of Colorado, Plaintiff-Appellee
v.
Edward MONTOUR, Jr., Defendant-Appellant.
Supreme Court of Colorado, En Banc.https://leagle.com/images/logo.png
April 23, 2007.
Rehearing Denied May 14, 2007.
Attorney(s) appearing for the Case
Carol A. Chambers, District Attorney, Eighteenth Judicial District, John Topolnicki, Chief Deputy District Attorney, Douglas County Office, Castle Rock, Colorado, Paul Wolff, Chief Deputy District Attorney, Arapahoe County Office Centennial, Colorado, John W. Suthers, Attorney General, Susan J. Trout, Special Deputy District Attorney and First Assistant Attorney General, Denver, Colorado, Attorneys for Plaintiff-Appellee.
Judy L. Lucero, Denver, Colorado, Martinez Law, LLC, Esteban A. Martinez, Longmont, Colorado, Alternate Defense Counsel for Defendant-Appellant.
John W. Suthers, Attorney General, Paul E. Koehler, Assistant Attorney General, Appellate Division, Criminal Justice Section, Denver, Colorado, Attorneys for Amicus Counsel Colorado Attorney General.
Killmer, Lane & Newman LLP, David A. Lane, Denver, Colorado, Attorneys for Amicus Curiae Colorado Criminal Defense Bar.
Douglas K. Wilson, Colorado State Public Defender, Jason C. Middleton, Deputy State Public Defender, Denver, Colorado, Attorneys for Amicus Curiae Colorado State Public Defender.
Colorado District Attorney's Council, David J. Thomas, Executive Director, Denver, Colorado, Scott W. Storey, District Attorney, First Judicial District, Donna Skinner Reed, Chief Appellate Deputy District Attorney, Golden, Colorado, Attorneys for Amicus Curiae Colorado District Attorney's Council.
Supreme Court of Colorado, En Banc.
Justice BENDER delivered the Opinion of the Court.
I. Introduction
In this appeal, we exercise our jurisdiction to conduct an independent review of the death sentence of Edward Montour, Jr. We hold that Colorado's death penalty statute cannot deprive the defendant of his Sixth Amendment jury trial right on the facts essential to the death penalty eligibility determination when that defendant pleads guilty. Here, Montour pled guilty and pursuant to the Colorado...
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