The People of the State of Colorado, Petitioner v. Tristan Toler, Respondent

Summary

The court held that Colorado law imposes a duty to retreat before using physical force in self-defense only on an initial aggressor, not on every trespasser or person who is not where he has a right to be. Because the self-defense instruction could have led the jury to conclude that Toler had to retreat solely because he was trespassing, the instruction was erroneous and may have affected the verdict. The court affirmed the court of appeals' reversal and remanded for a new trial.