Supreme Court of Colorado

Clifton Blecha, Petitioner v. the People of the State of Colorado, Respondent

July 27, 1998962 P.2d 931

Summary

The court held that the district court improperly admitted a co-defendant's post-murder hearsay statements because they were not made during and in furtherance of the murder conspiracy, and because the prosecution failed to establish the declarant's unavailability for purposes of the statement-against-interest exception. The admission violated the defendant's confrontation right under the Colorado Constitution, but the error was harmless beyond a reasonable doubt because the statements were minimally important and the remaining evidence strongly corroborated the eyewitness account. The court therefore affirmed the judgment upholding the convictions.

Holding

  • Co-conspirator hearsay. The post-murder statements were not admissible as co-conspirator statements because the prosecution presented no evidence of an express agreement to continue the conspiracy for the purpose of concealing the murder.
  • Preservation and statement-against-interest exception. The defendant preserved his hearsay objection, and the statements could not be admitted as statements against interest because the prosecution failed to prove that Younger was unavailable at the time of trial.
  • Confrontation right. Admission of Younger's statements violated the defendant's right to confrontation under Article II, Section 16 of the Colorado Constitution.
  • Harmless constitutional error. The confrontation violation was harmless beyond a reasonable doubt and did not require reversal.

Docket 97SC20

Cited authorities

  • 70 N.Y.U. L. Rev. 1167

Cited by

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