In Re the People of the State of Colorado, Plaintiff v. Brandon D. Brown, Defendant.

Summary

The Colorado Supreme Court affirmed the denial of a protective order in a reverse-transfer proceeding. It held that the reverse-transfer statute does not authorize a defendant to disclose privileged information for the limited purpose of that hearing, and that disclosure in open court waives the privilege as to the information at trial; refusing protection does not impermissibly burden the Fifth Amendment because the defendant is not compelled or penalized for withholding the information. Justice Gabriel, specially concurring, joined the judgment but urged legislative clarification because the rule may deter juveniles from seeking reverse transfer.