Supreme Court of Colorado

People in the Interest of E.G

April 18, 20162016 CO 19

Summary

The court held that a trial court lacks authority under the Constitution, criminal-procedure rules, or statute to compel a nonparty to open a private home for defense investigation. Criminal discovery extends to material in the government’s possession or control, and compulsory process permits obtaining witnesses and tangible evidence for court, but neither provides pretrial investigatory access to private property. The court affirmed the judgment denying E.G.’s motion on alternate grounds.