The People of the State of Colorado v. Jerad Allen Pickering — Martinez, J., Dissenting

Summary

Justice Martinez dissented from the majority's conclusion that an instruction stating the prosecution had no burden to disprove non-affirmative-defense self-defense was accurate and nonprejudicial. The dissent reasoned that self-defense evidence necessarily negates recklessness in a reckless-manslaughter prosecution, so the prosecution must disprove that evidence beyond a reasonable doubt, and the challenged instruction conflicted with the general reasonable-doubt instruction. The dissent also concluded that the conflicting instructions were misleading and violated due process.