Supreme Court of Colorado
The People of the State of Colorado, Petitioner/cross-Respondent v. Tremaine D. Speer, Respondent/cross-Petitioner
June 27, 20112011 Colo. LEXIS 556
Summary
The court reversed the court of appeals and reinstated Speer's conviction, holding that the evidence did not support a duress instruction because his own account showed opportunities to avoid the crime and seek law-enforcement protection. It also held that the federal homeland-security agencies employing two prospective jurors were not public law-enforcement agencies subject to automatic cause challenges. Justice Marquez, joined by Chief Justice Bender and Justice Martinez, dissented, concluding that the majority improperly added imminence and no-reasonable-alternative requirements to the statutory duress defense and that Speer presented enough evidence for a jury instruction.