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

Summary

The court held that a defendant seeking reverse transfer may not disclose privileged information for that hearing while preserving the privilege against use of the same information at trial. The reverse-transfer statute does not authorize a limited waiver, common-law waiver principles do not restrict the waiver to a particular hearing, and refusing such a limitation does not impermissibly burden the privilege against self-incrimination because the defendant is not compelled or penalized for declining to disclose. Justice Gabriel, specially concurring, joined the result but urged the legislature to clarify whether the statutory scheme should permit a limited waiver.