Supreme Court of Colorado
Brooke E. Rojas v. the People of the State of Colorado
February 21, 20222022 CO 8
Summary
The court abolished Colorado's res gestae doctrine in criminal cases because it was vague, duplicative of the modern Rules of Evidence, and enabled uncharged-misconduct evidence to evade the safeguards governing character evidence. It held that courts must first determine whether uncharged conduct is intrinsic or extrinsic to the charged offense, and whether it implicates character; the August application was extrinsic character evidence subject to Rule 404(b), and admitting it without the required analysis or limiting instruction was not harmless. The court reversed the court of appeals and remanded for a new trial.
Holding
- Status and operation of the res gestae doctrine in criminal cases. Colorado's res gestae doctrine is abolished in criminal cases. Courts must instead analyze uncharged conduct under the modern Rules of Evidence by determining whether it is intrinsic or extrinsic to the charged offense and whether it implicates the defendant's character.
- Admissibility and effect of the August 2013 benefits application. The August application was extrinsic evidence that suggested a propensity to misrepresent income and therefore was subject to Rule 404(b). The trial court abused its discretion by admitting it without the required analysis and safeguards, and the error was not harmless because the evidence could have caused the jury to infer that Rojas knowingly lied on the earlier applications.
Docket 20SC399
Cited authorities
- 38 Colo. Law. 35
- Fed. R. Evid. 404(b)
- 118 Colum. L. Rev. 769
- Kan. Stat. Ann. § 60-455
- 2013 Colo. Sess. Laws 2196
- 59 Cath. U. L. Rev. 719
- 25 Nova L. Rev. 279
- 88 Nw. U. L. Rev. 1582