Supreme Court of Colorado

The People of the State of Colorado v. Joddy Carbajal — Hood, J., Dissenting

June 30, 2014328 P.3d 104

Summary

The dissent argues that the Colorado Constitution protects a convicted felon's ongoing possession of a firearm when the purpose is defense of home, person, or property, without requiring a reasonable fear of imminent harm. It maintains that the choice-of-evils statute's imminence requirement was dicta and was not incorporated into the constitutional affirmative defense by prior decisions. Justice Hobbs joined the dissent.