The People of the State of Colorado, Piaintiff-Appellant v. Jack Lee Schaufele

Summary

Justice Boatright, concurring only in the judgment, would affirm the suppression order because the prosecution raised a wholly new legal theory for the first time in its motion for reconsideration and did not challenge the trial court's original factual or legal conclusions. He would review only the denial of reconsideration for abuse of discretion, rather than reach the merits of the underlying suppression order. Justice Eid, dissenting, would reach the suppression merits, conclude that the warrantless blood draw was reasonable, and reverse.