Supreme Court of Colorado

In Re the People of the State of Colorado, Plaintiff v. Robert Keith Ray, Defendant

June 20, 2011252 P.3d 1042

Summary

The court made the rule to show cause absolute, holding that the trial court abused its discretion by ordering disclosure of protected prosecution witnesses' addresses to death-penalty post-conviction counsel. The court held that counsel's minimal showing of materiality did not overcome the extraordinary and compelling threat to witness safety created by the defendant's prior murder of a prosecution witness, threats against witnesses, and ability to orchestrate retaliation from prison. Justice Coats, joined by Justices Rice and Eid, concurred in the result but argued that the majority's post-conviction confrontation framework was unnecessary dicta.