Supreme Court of Colorado
The People of the State of Colorado, Petitioner/cross-Respondent v. Tremaine D. Speer, Respondent — Marquez, J…
June 27, 20112011 Colo. LEXIS 556
Summary
Justice Marquez dissented from the majority's treatment of the duress defense. She would have held that the statute does not require separate proof of imminence or the absence of reasonable alternatives, and that the defendant presented sufficient evidence for a jury instruction based on threats to him and his brother. She therefore would have affirmed the court of appeals' reversal of the conviction and remanded for a new trial, without reaching the prospective-juror issue. Chief Justice Bender and Justice Martinez joined the dissent.