PEOPLE v. SPYKSTRA

No. 09SA91.

234 P.3d 662 (2010)

The PEOPLE of the State of Colorado, Plaintiff, v. Malinda E. SPYKSTRA, Defendant.

Supreme Court of Colorado, En Banc.

June 21, 2010.


Attorney(s) appearing for the Case

Thom K. LeDoux, District Attorney for the Eleventh Judicial District, Kathleen M. O'Brien, Deputy District Attorney, Fairplay, Colorado, Attorneys for Plaintiff.

Pearson, Horowitz & Burnett, P.C., Sean P. Paris, Denver, Colorado, Attorneys for Defendant.

Douglas K. Wilson, Colorado State Public Defender, Ann M. Roan, Deputy State Public Defender, Denver, Colorado, Attorneys for Amicus Curiae Office of the Colorado State Public Defender.

Scott W. Storey, District Attorney, First Judicial District and President of the Colorado District Attorneys' Council, Donna Skinner Reed, Chief Appellate Deputy District Attorney, Golden, Colorado, Attorneys for Amicus Curiae Colorado District Attorneys' Council.

John W. Suthers, Attorney General, Catherine P. Adkisson, Assistant Solicitor General, Denver, Colorado, Attorneys for Amicus Curiae Colorado Attorney General.

Hutchinson Black and Cook, LLC, Kimberly M. Hult, Boulder, Colorado, Attorneys for Amicus Curiae The National Crime Victim Law Institute.

Victim Justice, P.C., John C. Clune, Denver, Colorado, Attorneys for Amici Curiae the Subpoenees and Parents of Victim of Child Sexual Assault and the Victim.


Chief Justice MULLARKEY delivered the Opinion of the Court.

I. Introduction

At issue in this original proceeding is a trial court ruling denying the District Attorney's motion to quash two subpoenas duces tecum served by Malinda Spykstra, the defendant in a pending child sexual assault case, on the parents of B.G., the victim. In denying the motion to quash, the trial court ordered the parents to permit a defense expert to search their home computer and...

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