The People of the State of Colorado v. N.a.s. — Marquez, J., Dissenting

Summary

Justice Marquez, dissenting, would dismiss the People's interlocutory appeal for lack of appellate jurisdiction because the prosecution represented that N.A.S.'s suppressed statements would be used only for impeachment, which does not satisfy the requirement that the evidence be a substantial part of the proof of the charge. The dissent also rejects the prosecution's late claim that the statements could be used to rebut self-defense, reasoning that statements that nothing happened or that N.A.S. did not remember what happened would not disprove self-defense. Justice Hood, concurring in the judgment, agreed that suppression was erroneous but would have found N.A.S. in Miranda custody and his waiver valid.