Supreme Court of Colorado

In re Lucy & Meresa

June 29, 2020467 P.3d 332

Summary

The court held that a trial court may grant the prosecution a contested continuance with up to six months of speedy-trial tolling when a public health crisis makes material evidence unavailable, the prosecution exercised due diligence, and reasonable grounds exist to believe the evidence will be available on the new trial date. The county court erred by continuing both trials beyond the speedy-trial deadline without allowing the prosecution to make that showing or issuing final findings and rulings. The court made the rule to show cause absolute and remanded for further proceedings.