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CHIRINOS-RAUDALES v. PEOPLE

Supreme Court Case No. 21SC325.

532 P.3d 1200 (2023)

2023 CO 33

Dennis CHIRINOS-RAUDALES, Petitioner/Cross-Respondent, v. The PEOPLE of the State of Colorado, Respondent/Cross-Petitioner.

Supreme Court of Colorado.

Rehearing Denied August 7, 2023.

Attorney(s) appearing for the Case

Attorneys for Petitioner/Cross-Respondent: Megan A. Ring , Public Defender, Stephen C. Arvin , Deputy Public Defender, Denver, Colorado.

Attorneys for Respondent/Cross-Petitioner: Philip J. Weiser , Attorney General, Brock J. Swanson , Senior Assistant Attorney General, Denver, Colorado.

Attorneys for Amicus Curiae Colorado Criminal Defense Bar: Haddon, Morgan & Foreman, P.C., Adam Mueller , Denver, Colorado.

CHIEF JUSTICE BOATRIGHT delivered the Opinion of the Court, in which JUSTICE MÁRQUEZ, JUSTICE HOOD, JUSTICE GABRIEL, JUSTICE HART, JUSTICE SAMOUR, and JUSTICE BERKENKOTTER joined.

¶1 Colorado's child hearsay statute provides that out-of-court statements describing an offense of unlawful sexual behavior are admissible if made by a child "as child is defined under the statutes that are the subject of the action." § 13-25-129(2), C.R.S. (2022). The issue before...

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