Nicholas Javier Zapata, Petitioner v. the People of the State of Colorado, Respondent. — Hart, J., Concurring

Summary

Justice Hart joined the majority but separately criticized the admission of unrelated, highly prejudicial evidence under the res gestae doctrine, concluding that the evidence improperly suggested threatening and violent character even though its admission was harmless in this case. Hart urged the court to reconsider the doctrine in a future case because it is vague, expansively applied, and largely duplicative of modern evidence rules. Justice Samour, dissenting, would have held that Zapata was entitled to access a codefendant's competency evaluation report and would have remanded for a prejudice determination.