The People of the State of Colorado v. Jerad Allen Pickering

Summary

The court held that self-defense operates as an element-negating traverse, rather than an affirmative defense, when the charged offense requires recklessness. Because the trial court correctly instructed the jury on the elements of reckless manslaughter, its additional instruction that the prosecution had no burden to disprove self-defense did not shift the prosecution's burden of proof. The court reversed the court of appeals and reinstated Pickering's conviction. Justice Martinez, joined by Chief Justice Bender and Justice Hobbs, dissented, concluding that the instruction was unconstitutional and misleading.