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PEOPLE v. DELAGE

Supreme Court Case No. 15SC630.

418 P.3d 1178 (2018)

2018 CO 45

The PEOPLE of the State of Colorado, Petitioner, v. Thomas B. DELAGE, Respondent.

Supreme Court of Colorado.

May 29, 2018.

Attorney(s) appearing for the Case

Attorneys for Petitioner: Beth McCann , District Attorney, Second Judicial District, Mitchell R. Morrissey , District Attorney, Second Judicial District, Robert J. Whitley , Chief Appellate Deputy District Attorney, Victoria M. Cisneros , Deputy District Attorney, Denver, Colorado.

Attorneys for Respondent: Douglas K. Wilson , Public Defender, Lynn Noesner , Deputy Public Defender, Denver, Colorado.

En Banc.

¶ 1 This case presents us the opportunity to clarify whether the voluntariness of consent to a search in Colorado must be proven by "clear and convincing evidence" or by "a preponderance of the evidence."1 Under federal law, the answer is clear, as the United States...

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