The People of the State of Colorado, Petitioner v. Robert Earl McNeese, Respondent

Summary

The court held that immunity under Colorado's make-my-day statute requires proof by a preponderance of the evidence that the intruder knowingly made a criminally unlawful entry, not merely an entry violating a lease or other private agreement. The court also held that the occupant must separately establish a reasonable belief that the intruder committed or intended to commit a crime in the dwelling, and that the lower courts had applied incorrect legal standards and made inadequate findings. The case was returned for findings and conclusions consistent with the opinion or for a further or new hearing.