Robert Keith Ray, Petitioner v. the People of the State of Colorado, Respondent.

Summary

The court held that the self-defense instructions did not shift the burden of proof because they did not allow the jury to reconsider whether the defense was available, and the jury was repeatedly instructed that the prosecution had to disprove the defense beyond a reasonable doubt. The court also held that the trial court erred by allowing unrestricted jury access to a recorded witness interview without exercising discretion, but that the error was harmless because the recording was peripheral compared with the other evidence supporting the convictions. Justice Gabriel, joined by Justice Hart, concurred in part and dissented in part, agreeing on the instructions but concluding that the recording-access error required reversal.