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PEOPLE v. CUNNINGHAM

Supreme Court Case No. 13SA179.

314 P.3d 1289 (2013)

2013 CO 71

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Jesse Lee CUNNINGHAM, Defendant-Appellee.

Supreme Court of Colorado.

December 23, 2013.

Attorney(s) appearing for the Case

Attorneys for the Plaintiff-Appellant: Peter A. Weir , District Attorney, Donna Skinner Reed , Chief Appellate Deputy District Attorney, Golden, Colorado.

Attorneys for Defendant-Appellee: Springer and Steinberg, P.C., Harvey A. Steinberg , Andrew B. Reid , Denver, Colorado.

En Banc

JUSTICE HOBBS delivered the Opinion of the Court.

¶ 1 Pursuant to C.A.R. 4.1, the prosecution challenges the trial court's suppression of evidence seized from the defendant's home when the police executed a search warrant.1 The trial court ruled that Defendant Jesse Lee Cunningham's motion to suppress under Crim. P. 41 required the prosecution to initially go forward with evidence that the...

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