Supreme Court of Colorado
In Re the People of the State of Colorado, Plaintiff v. Tyler R. Wilburn, Defendant
March 26, 2012272 P.3d 1078
Summary
The court held that a defendant may present expert testimony about a learning disability to support a mistake-of-fact defense negating the knowingly element of a bail-bond violation without entering an insanity plea. The defendant must provide the required notice and undergo a court-ordered examination, but the trial court has discretion to determine the examination's location and duration based on the defense. The court therefore made its rule to show cause absolute and returned the case for further proceedings.