Supreme Court of Colorado

The People of the State of Colorado v. Jesus Luna-Solis

April 8, 2013298 P.3d 927

Summary

The court reversed the district court’s suppression order, holding that Luna-Solis’s valid Miranda waiver also waived his Sixth Amendment right to counsel and that the prosecution did not violate the criminal discovery rule by obtaining DNA evidence through a lawful identification order concerning a different offense. The court exercised original jurisdiction to review the discovery ruling because excluding the evidence substantially impaired the prosecution and could not be adequately remedied after trial. Chief Justice Bender, joined by Justice Hobbs, concurred in the DNA ruling but would have affirmed suppression of the statements under the Fourth Amendment and the Colorado Constitution.