Supreme Court of Colorado

In Re the People of the State of Colorado, Plaintiff v. Spiros Theodore Vlassis, Defendant

February 22, 2011247 P.3d 196

Summary

The court exercised original jurisdiction because the prosecution could not take an interlocutory appeal and compliance with the challenged discovery order could moot review while imposing an unnecessary burden. It held that witness statements contained in prosecutors’ notes or emails are not automatically discoverable, although exculpatory material must be disclosed and other information may be ordered disclosed upon a proper discretionary showing. The court made the rule to show cause absolute, reversed the discovery order, and remanded for proceedings consistent with its opinion.