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MOODY v. PEOPLE

No. 05SC479.

159 P.3d 611 (2007)

Matthew MOODY, Petitioner v. The PEOPLE of the State of Colorado, Respondent.

Supreme Court of Colorado, En Banc.

Rehearing Denied June 25, 2007.

Attorney(s) appearing for the Case

Douglas K. Wilson, Colorado State Public Defender, Elizabeth Griffin, Deputy State Public Defender, Denver, Colorado, Attorneys for Petitioner.

John W. Suthers, Attorney General, Elizabeth Rohrbough, Assistant Attorney General, Denver, Colorado, Attorneys for Respondent.

Chief Justice MULLARKEY delivered the opinion of the court.

I. Introduction

We granted certiorari to review the court of appeals' unpublished opinion in People v. Moody, No. 04CA0361, 2005 WL 1181054 (Colo.App. May 19, 2005). In that decision, the court of appeals undertook sua sponte review of Petitioner Matthew Moody's standing to challenge the legality of the search that yielded evidence used to secure his conviction — an issue that the...

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