Supreme Court of Colorado
Robert Keith Ray, Petitioner v. the People of the State of Colorado, Respondent.
April 8, 2019440 P.3d 412
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 bore the burden of disproving it 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 found the error harmless because the recording was only marginally relevant and the remaining evidence strongly supported the convictions. Justice Gabriel, concurring in part and dissenting in part, would have reversed because the unrestricted access created a substantial risk that the jury would give the recording undue weight.