The People of the State of Colorado, Plaintiff-Appellant v. David Ehrnstein, Defendant-Appellee.

Summary

The court held that the trial court abused its discretion by appointing a special prosecutor to litigate the defendant's post-trial motion for a new trial based on the advocate-witness rule. The rule is directed principally at preventing jury confusion during trial and generally does not require disqualification for a post-trial hearing before a judge. The court reversed the appointment order and remanded for further proceedings.