By H. Michael Steinberg – Colorado Criminal Defense Lawyer Online Blog
Colorado Criminal Law – Motion To Suppress Evidence – New 2015 Case Changes Burden of Proof – For over 30 years the burden of going forward in a Colorado criminal Motion to Suppress Evidence hearing was on the prosecution. With the announcement of a new case People vs Cunningham – that burden – in many Colorado criminal courtrooms – now sits with the Defendant and his or her lawyer.
The Case of People v. Cunningham 314 P.3d 1289 (Colo. 2013), 13SA179,