The People of the State of Colorado, Petitioner/cross-Respondent v. Jeffery Allen Loveall, Respondent/cross-Petitioner

Summary

The court affirmed the court of appeals’ decision rejecting Loveall’s collateral attacks on his convictions and deferred judgment and sentence, holding those attacks untimely and concluding that the district court had jurisdiction to impose the disposition in a sex-offense case. It also held that the prosecution’s late disclosure of hearsay declarants in the probation-revocation proceeding denied Loveall minimum due process, and that the remaining unemployment violation did not clearly establish that revocation would have occurred independently. The matter was remanded for a new revocation hearing. Justice Coats and Justice Eid, concurring in part and dissenting in part, agreed that a new hearing was appropriate or would reinstate the revocation, respectively, but disputed the majority’s treatment of confrontation and hearsay requirements.