Robert Keith Ray, Petitioner v. the People of the State of Colorad — Gabriel, J., Concurring in Part and Dissenting…

Summary

The opinion agrees that the jury instructions did not shift the burden of proof, but disagrees with the court's treatment of the jury's unrestricted access to a witness's recorded interview. It concludes that the trial court abused its discretion by relying on discredited legal principles and that the resulting error was not harmless because the recording was central to proving intent and could have received undue emphasis. The opinion would reverse the judgment on that issue.