Supreme Court of Colorado

The People of the State of Colorado v. Randy D. Tallent

September 27, 2021495 P.3d 944

Summary

The court held that Tallent forfeited his argument that the prosecution could not raise exclusionary-rule exceptions for the first time on remand, so the issue was reviewable only for plain error. It rejected the court of appeals’ mandatory multifactor procedure and reaffirmed that trial courts have broad discretion to consider new suppression arguments and evidence after a prior suppression ruling is reversed, subject to applicable appellate limits. The court concluded that the trial court did not abuse that discretion and remanded for consideration of Tallent’s remaining appellate arguments.