No. 23-5417

Ari Misha Liggett v. Colorado

Lower Court: Colorado
Docketed: 2023-08-23
Status: Denied
Type: IFP
Response RequestedResponse WaivedRelisted (2)IFP
Tags: constitutional-evidence criminal-procedure due-process exclusionary-rule harris-v-new-york impeachment-exception insanity-defense james-v-illinois supreme-court-precedent
Key Terms:
DueProcess CriminalProcedure
Latest Conference: 2024-01-12 (distributed 2 times)
Question Presented (AI Summary)

Whether the Colorado Supreme Court's expansion of the impeachment exception to the exclusionary rule is consistent with this Court's prior rulings

Question Presented (OCR Extract)

QUESTION PRESENTED Thirty-three years ago, in James v. Illinois, 493 U.S. 307 (1990), this Court ruled that the impeachment exception to the exclusionary rule allows the prosecution in a criminal proceeding to introduce illegally obtained evidence to impeach the defendant's own testimony, but not to impeach the testimony of all defense witnesses. Over a vigorous dissent, the Colorado Supreme Court ruled that the prosecution may use as substantive evidence a defendant's statements to rebut the defendant's insanity defense — even if the defendant does not testify. The question presented is: Whether the Colorado Supreme Court’s radical expansion of the narrow impeachment exception this Court adopted in Harris v. New York, 401 U.S. 222 (1971) and expressly limited in James v. Illinois is inconsistent with the balance of values underlying this Court’s previous applications of the exclusionary rule? 1

Docket Entries

2024-01-16
Petition DENIED.
2023-12-28
DISTRIBUTED for Conference of 1/12/2024.
2023-12-27
Brief of Ari Misha Liggett in support submitted.
2023-12-11
Brief of respondent Colorado in opposition filed.
2023-11-17
Motion to extend the time to file a response is granted and the time is further extended to and including December 11, 2023.
2023-11-16
Motion to extend the time to file a response from November 27, 2023 to December 11, 2023, submitted to The Clerk.
2023-10-02
Motion to extend the time to file a response is granted and the time is extended to and including November 27, 2023. See Rule 30.1.
2023-09-29
Motion to extend the time to file a response from October 26, 2023 to November 25, 2023, submitted to The Clerk.
2023-09-26
Response Requested. (Due October 26, 2023)
2023-09-21
DISTRIBUTED for Conference of 10/6/2023.
2023-09-20
Waiver of right of respondent Colorado to respond filed.
2023-08-14
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 22, 2023)

Attorneys

Ari Misha Liggett
Eric A. SamlerSamler and Whitson PC, Petitioner
Colorado
Shannon Wells StevensonColorado Department of Law, Respondent