§ 16-10-202. Variance – Allegations and Proof
When on the trial of any indictment, information, felony complaint, or complaint for any offense there appears to be any variance between the statements in the indictment, complaint, or information and the evidence offered in proof thereof, of any given name or surname, or both given name and surname, or other description whatever of any […]
§ 16-10-301. Evidence of Similar Transactions – Legislative Declaration
The general assembly hereby finds and declares that sexual offenses are a matter of grave statewide concern. These frequently occurring offenses are aggressive and assaultive violations of the well-being, privacy, and security of the victims, are severely contrary to common notions of proper behavior between people, and result in serious and long-lasting harm to individuals […]
§ 16-10-401. Trials – Authority to Exclude Victim’s Advocate From Sequestration Orders
Notwithstanding any sequestration order entered by the court that excludes members of the general public from a jury trial or a trial before the court, the court may allow a victim’s advocate to remain in the courtroom during such trial. For the purposes of this section, “victim’s advocate” means any person whose regular or volunteer […]
§ 16-10-402. Use of Closed-Circuit Television – Child or Witness With Intellectual and Developmental Disabilities
When a witness at the time of a trial is a child less than twelve years of age, or is a person who has an intellectual and developmental disability as defined in section 25.5-10-202, C.R.S., the court may, upon motion of a party or upon its own motion, order that the witness’s testimony be taken […]
§ 16-10-403. Option to Close Court
The court may, if it determines that the best interest of a child in a closed proceeding overrides the public interest in an open criminal proceeding and the defendant’s right to a public trial, close the court to the public when images of sexually exploitative materials or forensic interviews directly related to said child are […]
§ 16-10-404. Use of a Court Facility Dog – Definitions
As used in this section, unless the context otherwise requires: “Court facility dog” means a dog that is a graduate of an assistance dog organization that is accredited by an internationally recognized organization whose main purpose is to grant accreditation to assistance dog organizations based on standards of excellence in all areas of assistance dog […]
§ 16-10-102. When Jury Panel Exhausted
In all criminal cases where the panel of jurors is exhausted by challenge or otherwise, and whether any juror has been selected and sworn or not, the court may order the issuance of a venire for any number of jurors not exceeding twenty-four, returnable forthwith, out of which persons so ordered to be summoned it […]
§ 16-10-103. Challenge of Jurors for Cause
The court shall sustain a challenge for cause on one or more of the following grounds: Absence of any qualification prescribed by statute to render a person competent as a juror; Relationship within the third degree, by blood, adoption, or marriage, to a defendant or to any attorney of record or attorney engaged in the […]
§ 16-10-104. Peremptory Challenges
In capital cases, the state and the defendant, when there is one defendant, shall each be entitled to ten peremptory challenges. In all other cases, where there is one defendant and the punishment may be by imprisonment in the correctional facilities operated by the department of corrections, the state and the defendant shall each be […]
§ 16-10-105. Alternate Jurors
The court may direct that a sufficient number of jurors in addition to the regular jury be called and impaneled to sit as alternate jurors. Alternate jurors in the order in which they are called shall replace jurors who, prior to the time the jury retires to consider its verdict, become unable or disqualified to […]