People v. Herrera

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• affirming that a noncooperative defendant does not lose right to bring defense of mental condition, despite lack of expert witness testimony
• “[T]he privilege against self-incrimination is not implicated by a court-ordered mental examination when the information obtained therefrom is admitted only on the issue of mental condition.”
• “The insanity statute protects [the privilege against self-incrimination] by limiting evidence obtained during [a sanity] examination to a defendant’s mental condition” under “§ 16-8-107(1)(a), (1.5)(a).”
• evidence derived from court-ordered examinations concerning a defendant's capacity to form the requisite mental state is constitutionally admissible
• testimony implicating defendant's culpability, not just his capacity to form mental state at issue, was improperly admitted
• “The right of a defendant to confront adverse witnesses is guaranteed by the Sixth and Fourteenth Amendments and includes an opportunity for effective cross-examination.”

Source: CourtListener parenthetical corpus (CC0).

Cited by

10 cases in this archive cite this case.

• People v. Marko
  Colorado Court of Appeals· 2015-10-08· cited 656×
• People v. Grant
  Colorado Court of Appeals· 2007-01-25· cited 320×
• People v. Welsh
  Colorado Court of Appeals· 2007-04-05· cited 53×
• Zapata v. People
  Supreme Court of Colorado· 2018-10-15· cited 44×
• People v. Bondurant
  Colorado Court of Appeals· 2012-03-29· cited 27×
• People v. Herdman
  Colorado Court of Appeals· 2012-06-07· cited 25×
• In Re People v. Rosas
  Supreme Court of Colorado· 2020-03-16· cited 20×
• People v. Marsh
  Colorado Court of Appeals· 2011-12-22· cited 14×
• People v. Grenier
  Colorado Court of Appeals· 2008-03-06· cited 11×
• In Re the Marriage of Ikeler
  Colorado Court of Appeals· 2006-12-18· cited 6×

Cites

44 cases in this archive are cited by this case; the 20 most cited are listed.

• Neder v. United States
  Supreme Court· 1999-06-10· cited 5,157×
• Colorado v. Connelly
  Supreme Court· 1986-12-10· cited 4,016×
• Dickerson v. United States
  Supreme Court· 2000-06-26· cited 1,932×
• Delaware v. Fensterer
  Supreme Court· 1985-11-04· cited 1,786×
• Spencer v. Texas
  Supreme Court· 1966-11-21· cited 1,416×
• Olden v. Kentucky
  Supreme Court· 1988-12-12· cited 592×
• People v. Cobb
  Supreme Court of Colorado· 1998-07-06· cited 539×
• People v. Gennings
  Supreme Court of Colorado· 1991-04-22· cited 488×
• People v. District Court, Second Judicial District
  Supreme Court of Colorado· 1986-01-31· cited 457×
• Blecha v. People
  Supreme Court of Colorado· 1998-07-27· cited 302×
• Lee v. County Ct. of Erie County
  New York Court of Appeals· 1971-01-14· cited 195×
• People v. Roadcap
  Colorado Court of Appeals· 2003-02-13· cited 185×
• Bernal v. People
  Supreme Court of Colorado· 2002-03-18· cited 172×
• People v. Terry
  Supreme Court of Colorado· 1990-05-14· cited 169×
• People v. Ibarra
  Supreme Court of Colorado· 1993-03-22· cited 157×
• People v. Zapotocky
  Supreme Court of Colorado· 1994-02-14· cited 120×
• People v. Harlan
  Supreme Court of Colorado· 2000-09-11· cited 120×
• Merritt v. People
  Supreme Court of Colorado· 1992-11-23· cited 106×
• Hendricks v. People
  Supreme Court of Colorado· 2000-09-11· cited 94×
• Uptain v. Huntington Lab, Inc.
  Supreme Court of Colorado· 1986-08-25· cited 89×